Customer Terms of Service

Effective: August 1, 2018

Overview

These Customer Terms of Service ("Customer Terms") govern your rights and responsibilities when using LEANSTACK's online workplace productivity tools and platform ("Services"). By accessing or using the Services, you agree to be bound by these terms, which establish a binding contract between you ("Customer") and LEANSTACK, Inc.

Key Definitions

Customer is the organization or individual representing the team. If you signed up using a corporate email domain, your organization becomes the Customer and can modify team roles and reassign authority.

Authorized Users are individuals permitted by Customer to access the Services and submit content or information ("Customer Data").

Subscription and Ordering

Subscriptions allow Authorized Users to access the Services, with one subscription required per user. Each subscription is personal to that user and may be procured through the Services interface or via Order Form. Subscriptions commence when made available and continue for the specified term.

Purchasing decisions should be based on current functionality, not future product plans. The company welcomes early access testers for pre-release features offered "as is" without standard warranty coverage.

Customer Responsibilities

Customers must:

Comply with the Contract and ensure Authorized Users comply
Inform users of relevant policies and settings
Obtain necessary rights and permissions from personnel
Ensure all users are over 13 years old
Provide adequate internet service

Payment Terms

Fees are non-cancelable and non-refundable except as expressly stated. For invoiced customers, payment is due within thirty days. Customers bear responsibility for all taxes except those based on net income.

Credits expire upon contract termination, have no monetary value, and aren't transferable or refundable.

Non-payment consequences: If fees are 30+ days overdue, LEANSTACK may downgrade services to free plans after providing 10 days' notice.

LEANSTACK Responsibilities

The company will make Services available as described in the Contract, use commercially reasonable efforts for 24/7 availability (excluding planned downtime), maintain administrative, physical, and technical safeguards per the Security Practices page, and only process Customer Data per explicit instructions.

Warranties: Services are provided "as is" without warranties of merchantability, fitness, or non-infringement. The company doesn't warrant uninterrupted, timely, secure, or error-free service.

Data Ownership and Protection

Customer owns all Customer Data. LEANSTACK receives a limited, worldwide, non-exclusive license to access, use, process, and display Customer Data only as necessary to provide, maintain, and improve Services or as required by law.

Customers assume sole responsibility for adequate security and backup of their data when in their possession or when using unencrypted gateways.

Intellectual Property

LEANSTACK owns all Services and related intellectual property rights. Customers receive a non-sublicensable, non-transferable, non-exclusive license to use software components solely for accessing the Services.

Regarding feedback: Customers grant LEANSTACK an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any suggestions without compensation.

Term and Termination

Auto-Renewal: Subscriptions automatically renew for periods equal to one year or the preceding term (whichever is shorter) unless either party provides 30 days' notice of non-renewal.

Termination for Cause: Either party may terminate if the other materially breaches and doesn't cure within 30 days. LEANSTACK may terminate immediately if Services are used in violation of law.

Termination Without Cause: Customers may terminate free subscriptions immediately. LEANSTACK may terminate free subscriptions with 30 days' notice.

Effect of Termination: Upon customer-initiated termination for cause, LEANSTACK refunds prepaid fees for the remaining term. Upon company termination for cause, customer pays unpaid fees for the remainder.

Data Portability and Deletion

During active subscriptions, customers may export or share Customer Data, though availability depends on plan type and retention settings. Following termination, LEANSTACK has no obligation to maintain Customer Data and may delete it unless legally prohibited.

Liability Limitations

Aggregate Liability Cap: Neither party's liability exceeds the total amount paid by Customer in the twelve (12) months preceding the last event giving rise to liability.

Excluded Damages: Neither party is liable for lost profits, revenues, or indirect, special, incidental, consequential, or punitive damages.

Customers are responsible for keeping login credentials confidential. LEANSTACK isn't liable for damages if such information is compromised.

Indemnification

LEANSTACK indemnifies Customer against third-party claims that the Services infringe intellectual property rights, excluding claims arising from Customer Data or non-LEANSTACK modifications.

Customer indemnifies LEANSTACK against third-party claims arising from violations of the Contract or User Terms by Customer or its Authorized Users.

Confidentiality

Confidential Information includes anything reasonably understood as confidential given its nature and disclosure circumstances, including Order Forms, business information, and Customer Data.

Exceptions include information that is publicly available, was known prior to disclosure without breach, came from third parties without breach, or was independently developed.

The Receiving Party must take at least reasonable measures to prevent unauthorized disclosure and limit access to those needing the information.

General Provisions

Force Majeure: Neither party is liable for failures due to events beyond reasonable control.

Relationship: Parties are independent contractors. The Contract creates no partnership, franchise, agency, or employment relationship.

Modifications: LEANSTACK may revise terms with reasonable notice. Continued use constitutes acceptance.

Governing Law: The Contract is governed by Texas law. State and federal courts in Travis County, Texas have exclusive jurisdiction. Each party waives the right to jury trial.

Entire Agreement: The Contract, including these Customer Terms, referenced pages, and Order Forms, supersedes all prior agreements.

Contact Information

Email: team@leanstack.com

Address: LEANSTACK, 5409 Montview Street, Austin, TX 78756