General Terms of Service Leadbay
Last updated: December 03, 2023
Please read these Personal Use Terms of Service ("Terms" or "Terms of Service") carefully before using the https://leadbay.ai/website and Services operated by leadbay SAS ("leadbay", "us", "we", or "our"), published by LeadBay, a - société par actions simplifiée - governed by the laws of France, having its registered office located at La Guignardière, La Bosse, 41290 Vievy-le-Rayé, registered with the trade and companies registry of Blois under number 977 615 459, represented by LGVentures, itself represented by Ludovic Granger. For purposes of these Terms, “you” and “your” means you as the user of the Service. “Services” means Leadbay’s online software-as-a-service platform and services including any related APIs provided by Leadbay, together with all related desktop applications to which you subscribe. “Services” exclude Non-leadbay Services.
The Site is hosted by Vercel Inc., 440 N Barranca Ave #4133, Covina, CA 91723 privacy@vercel.com
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all individual visitors, users and others who wish to access or use the Service. These Terms apply to personal use of the Services only. You acknowledge that these Terms, along with Leadbay’s Privacy Policy, govern your access and use of the Service. If you are accessing or using the Service on behalf of an organization, business, or other legal entity (each an “Organization”), or if you are accessing or using the Service under an eligible Subscription Plan, then your use of the Services, including ownership of any content created, stored, or transmitted using the Service, shall be exclusively governed by and subject to Leadbay’s Master Services Agreement.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of these Terms, then you must not access the Service.
1. Content
For purposes of these Terms: (i) “Leadbay Content” means text, graphics, images, music, software, machine learning models, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service by Leadbay or its licensors; and (ii) “User Content” means any Content that you provide to be made available through the Service (excluding Organization Content). User Content includes any Output. Collectively, leadbay Content, User Content, and Organization Content are referred to as “Content.”Content
Ownership: We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, leadbay and its licensors exclusively own all right, title and interest in and to the Service and leadbay Content, including all associated Intellectual Property Rights. You acknowledge that the Service and leadbay Content are protected by copyright, trademark, and other laws of France and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or leadbay
Content.Rights in User Content Granted by You: By making any User Content available through the Service, you hereby grant to leadbay a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, host, cache, store, reproduce, transmit, publicly display, publicly perform, publish, distribute and modify (for formatting purposes only), your User Content solely in connection with operating and providing the Service and leadbay Content to you and, depending on the permissions you grant, to other users, individuals, and/or organizations. Subject to the foregoing license, as between leadbay and you, you retain any and all of your rights to your User Content. You acknowledge that if you provide Organization Content (as defined below), then the ownership of such Organization Content may be as set forth in any agreement between you and the Organization, and in the absence of such agreement, then as between you and the Organization, the Organization may own the rights to any such Organization Content.
Your Responsibility for User Content: You are solely responsible for your User Content. You represent and warrant that you own your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Service, nor any use of your User Content by leadbay on or through the Service will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation or violate any agreement you have with any third party.
Sharing User Content: You may designate your User Content as “public” (such as sharing User Content with an Organization Workspace) or “private”. You agree that User Content you designate as public will be accessible by and be available to other users of the Service to whom you grant access to such publicly designated User Content. Consequently, you understand and agree that such users will have the right to view, comment on and tag your publicly designated User Content. If you grant users additional permissions with respect to your User Content, you understand and agree that such users will, depending on the permissions you grant, have the ability to use, publish, display, modify, or duplicate such User Content. You grant leadbay all rights necessary to make any of your publicly designated User Content available to other users of the Service and to permit those users to engage in the activities described in this Section with respect to your publicly designated User Content.
Removal of User Content: You can remove your User Content that you designate as private by specifically deleting it. However, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Service. Additional details with respect to the removal and storage of User Content are set forth in Section 15 (Termination) below.
Rights in Content Granted by leadbay: Subject to your compliance with these Terms, leadbay grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display and print the leadbay Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Leadbay Content & Use Policy and Monitoring Content: You agree that your use of the Service and all User Content will comply with leadbay’s Content and Use Policy. Although we’re not obligated to monitor access to or use of the Service or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
2. Restrictions on Your Use of the Service
You may not do any of the following, unless applicable laws or regulations prohibit these restrictions, or you have our express written permission to do so:
post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
duplicate, decompile, reverse engineer, disassemble or decode the Service (including any underlying idea or algorithm), or attempt to do any of the same;
access or use the Service in any manner that could disable, overburden, damage, disrupt or impair the Service or interfere with any other party's access to or use of the Service or use any device, software or routine that causes the same;
access or use the Services in any manner, including in regards to data storage, in excess of any fair usage limits as determined by leadbay at its sole discretion;
attempt to gain unauthorized access to, interfere with, damage or disrupt the Service, accounts registered to other users, or the computer systems or networks connected to the Service;
circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Service.
use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Service to monitor, extract, copy or collect information or data from or through the Service, or engage in any manual process to do the same;
introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful;
use the Service for illegal, harassing, unethical, or disruptive purposes;
violate any applicable law or regulation in connection with your access to or use of the Service; or
access or use the Service in any way not expressly permitted by these Terms.
3. Accounts
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. Sharing of your User login or password is prohibited. You accept responsibility for any and all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a workspace username the name of another person or entity that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
You may not use the Service if you are 13 years of age or younger. By using the Service, you represent and warrant that you are over the age of 13.
4. Workspaces
User Content submitted, posted or modified by users in the Service is organized into separated sections we refer to as “Workspaces.”
There are two general types of Workspaces on the Service:
“Personal Workspaces” that can only be administered by the user that created the Workspace and users given administrator permissions on that Workspace, can only be accessed by such users and any permitted guest users, subject to below regarding Personal Workspaces created using an Organization Email.
“Organization Workspaces” that require an eligible Subscription and that can be accessed by multiple users. Further details on Organizational Workspaces are outlined below.
In the Service, you can work across multiple Workspaces at once, meaning your single account can access your own Personal Workspace(s) and your employer’s Organization Workspace. Workspaces are completely separate, and you won’t be able to link any Content between them. You can also export your User Content from your Workspaces for use outside of the Service by requesting such export at help@leadbay.ai.
Users that join an Organization Workspace agree that their leadbay account data and User Content created in that Workspace may be shared with that Organization and may be accessed, modified, or deleted by the Workspace owner or administrator. Further, you acknowledge and agree that if you register for leadbay with an email address provisioned by an Organization (“Organization Email”), you agree that such Organization may be able to view information about any Workspace you create or for which you are an administrator, including a list of Workspace members, and guests and Content. Such Organization may have the ability to manage your Workspace, including to claim control and ownership of any Workspace you create or for which you are an administrator, including any Content within such Workspaces.
If you join an Organization Workspace, your use must comply with that Organization’s policies and any agreement that you may have with that Organization. Organizational Workspaces are subject to such Organization’s control. Organization administrators may be able to access, disclose, restrict, or remove Content in or from the Organizational Workspace. They may also be able to restrict or terminate your access to the Organizational Workspace. If you convert an existing Personal Workspace into an Organizational Workspace or transfer or share content with an Organizational Workspace, your administrator(s) may prevent you from later disassociating Content from the Organizational Workspace.
5. Interacting with Organization Workspaces
An Organization may (i) invite you to use or permit you to use their Organization Workspace; and/or (ii) invite you to join the Service as an Organization User.
As stated in the “Content” section of these Terms, if you submit or post Content to an Organization Workspace (such Content, the “Organization Content”), then as between you, leadbay, and such Organization, the Organization will own all rights to such Organization Content. For the avoidance of doubt, the foregoing does not prevent you from entering into a separate agreement between you and the Organization that addresses ownership of Content as between you and such Organization.
Organizations are authorized to add and remove users from their Organization Workspaces. Users that have been authorized to use an Organization Workspace of the Service by an Organization are referred to as an “Organization User” while they are using such Organization Workspace. If you purchased an Organization Subscription on behalf of your organization or employer, your organization or employer is the Organization, and not you. The Organization can modify and re-assign roles on the Organization Workspace (including your role). If the Organization elects to replace you as the representative with ultimate authority for the Organization Workspace, you agree to take any actions reasonably requested by us or the Organization to facilitate the transfer of authority to a new representative of the Organization.
If you are using an Organization Workspace as an Organization User, you acknowledge that the Service as used by you under such circumstances is a workplace tool intended for use by businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply in connection with such use of an Organizational Workspace as an Organization User.
6. Communications from leadbay
By creating an account on our Service, you agree to subscribe to newsletters or marketing materials and other promotional information we may send. However, you may opt out of receiving any, or all, of these marketing communications from us by following the unsubscribe link or instructions provided in any email we send. Please note that we may still send you transactional or administrative messages related to the Service even after you have opted out of receiving marketing communications.
7. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to claims that materials posted in the Service infringe on the copyright of any person or entity.
8. Intellectual Property
The Service and its Content (excluding User Content and Organization Content), features and functionality are and will remain the exclusive property of leadbay and its licensors. The Service is protected by copyright, trademark, and other laws of both France and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of leadbay.
9. Feedback
We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback becomes the sole and exclusive property of leadbay, and leadbay may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to leadbay any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
10. Non-leadbay Services; Templates, leadbay API
We may make Non-leadbay Services and Templates available to you.
“Non-leadbay Service” means any third party service, connection, Template, software, application, or integration that interoperates with the Service that is provided or made available to User, including those provided by leadbay or a third party.
“Template” means any pre-configured version of the Service that is made available for copy, or use. Templates may be made available by leadbay or may be made available by third parties including through third party websites. If a Template is created and maintained by leadbay, it is a leadbay Template. If a Template is provided by a third party, such Template is a Non-leadbay Service.
If you decide to enable, access or use Non-leadbay Services, your access and use of such Non-leadbay Services shall be exclusively governed by your agreement with the provider of the Non-leadbay Services. Further, by enabling such Non-leadbay Services, you authorize leadbay to transfer your User Content and your account information in accordance with the functionality of such Non-leadbay Services.
leadbay does not warrant or support Non-leadbay Services. The Services may contain features designed to interoperate with Non-leadbay Services. leadbay cannot guarantee the continued availability of such features or any Non-leadbay Services, and leadbay may stop providing Non-leadbay Services, without prior notice to you, if for example and without limitation, the provider of a Non-leadbay Service ceases to make the Non-leadbay Service available for interoperation with the corresponding Service features in a manner acceptable to leadbay. You acknowledge and agree that leadbay has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or Non-leadbay Services. We do not warrant the offerings of any of these entities or individuals or their websites.
You acknowledge and agree that leadbay shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or Non-leadbay Service(s).
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or Non-leadbay Services that you visit or interact with.
leadbay may offer an application programming interface that provides additional ways to access and use the Service (“API“). Such API is considered a part of the Service, and your use of the API is subject to these Terms.
11. Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
You may request to delete your own Workspace(s) at any time from within our account management page. Upon your request to delete a Workspace, all Content from such Workspace will immediately become inaccessible. After 30 days, User Content will be deleted from our servers and can no longer be recovered. Similarly, if you delete some (but not all) of the User Content designated as private on your Personal Workspace, after 30 days, such User Content will be deleted from our servers and can no longer be recovered. You acknowledge and agree that any User Content that has been transferred to an Organizational Workspace shall be retained in such Organizational Workspace following termination of your Personal Workspace.
12. Indemnification
You agree to defend, indemnify and hold harmless leadbay and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms; or (c) your User Content provided to the Service.
13. Limitations of Liability
In no event shall leadbay, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable to you for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. leadbay’s total aggregate liability arising out of or relating to your use of the service and these terms is limited to the greater of (i) $100 USD; or (ii) one hundred percent (100%) of any amount you’ve paid for your subscription in the preceding twelve (12) month period.
14. Disclaimer
Use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
leadbay, its subsidiaries, its affiliates, and its licensors do not warrant that (a) the service will function uninterrupted, secure or will be available at any particular time or location; (b) any errors or defects will be corrected; (c) the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements.
15. Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages set forth in the “LIMITATION OF LIABILITY” and “DISCLAIMER” sections above, so the limitations above may not apply to you.
16* Governing Law
These Terms shall be governed and construed in accordance with the laws of France, without regard to its conflict of law provisions.
17. California Residents
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
18. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms, including any Supplementary Terms, at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
19. Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
20. Entire Agreement
These Terms constitute the entire agreement between you and leadbay regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
21. Survival
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Contact Us
If you have any questions, please contact us :
by e-mail at: contact@leadbay.ai
by postal mail at: La Guignardière, 41290 La Bosse, Vievy-le-rayé