Terms of Use
By using the LeapCloud, you agree to be bound by the following terms of service (the "Terms"). These Terms cover all present and future features provided by your Account. The Services are operated by LeapCloud ("We", the "Company"), located at 80 Pagoda St, Singapore. Please read these Terms carefully before you use your Account or the Services. By using your Account or the Services, you are agreeing to be bound by these Terms. You may not use your Account or the Services if you do not agree to these Terms. These Terms apply every time you use your Account or the Services.
If you agree to these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access the Services through your Account to these Terms. In the absence of such an authority, you are not authorized to use the Services.
1. Users of the Services
The Services are provided exclusively to individuals who are at least 13 years of age, and even then, only to minors who have obtained parental or legal guardian consent to open and maintain an Account.
The Services are provided exclusively to persons or legal entities. Accounts registered by "bots" or automated methods are not authorized and will be terminated.
Each user is solely responsible for all actions performed through the Services.
2. Authorized use of the Services
You agree not to use your Account or the Services for any illegal or prohibited activities. Unauthorized activities include, but are not limited to:
- Disrupting the Company's networks and Servers in your use of the Service;
- Accessing/sharing/downloading/uploading illegal content, including but not limited to Child Sexual Abuse Material (CSAM) or content related to CSAM;
- Infringing upon or violating the intellectual property rights of the Company or a third party;
- Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating or discriminating against someone based on gender, sexual orientation, religion, ethnicity, race, age, nationality or disability;
- Trading, selling or otherwise transferring the ownership of an Account to a third party (with the exception of Lifetime Accounts, which can be sold or traded exclusively through the Company);
- Promoting illegal activities or providing instructional information to other parties to commit illegal activities;
- Having multiple free Accounts (e.g. creating bulk signups, creating and/or operating a large number of free Accounts for a single organization or individual);
- Paying for your subscription with fraudulent payment means, such as a stolen credit card;
- Engaging in spam activities, which are defined as the practice of sending irrelevant or unsolicited messages or content over the internet, typically to a large number of recipients, notably for the purposes of advertising, phishing, or spreading malware or viruses;
- Sending junk mail, bulk emails, or mailing list emails that contain persons that have not specifically agreed to be included on that list. You agree not to use the Services to store or share content that violates the law or the rights of a third party;
- Abusive registrations of email addresses (including aliases) for third-party services;
- Using a free account email address (including aliases) for the unique purpose of registering to third-party services;
- Attempting to access, probe, or connect to computing devices without proper authorization (i.e. any form of unauthorized "hacking");
- Referring yourself or another one of your accounts to unduly benefit from our referral program's benefits (see section 9 for discretionary benefits of the program).
Any Account found to be committing any of the listed unauthorized activities will be immediately suspended or restricted accordingly (which can include features and capabilities restrictions).
The Company may also terminate Accounts which are being used for illegal activities that are not listed above, particularly in response to orders from the competent authorities informing of such illegal activity.
We reserve the right to limit service capacity for free Accounts which use of resources (e.g. bandwidth) is excessive and hurts the user experiences of other users in an unfair way.
The Company reserves the right to suspend or delete free Accounts that have been inactive for a consecutive period of twelve months. For more information, we invite you to read our inactive account policy.
If you would like to contest the suspension of your account, please submit an appeal through our Abuse Appeal Form.
3. Service level agreement (SLA)
The Company aims to provide Service availability of 99.95% or better. If downtime in any month exceeds 0.05% of that month, the Company will credit the user's Account. Service credits are applied at the user's request and will apply toward the balance due at the end of the next billing cycle (either monthly or yearly).
The Company calculates service credits in the following way:
- If the monthly uptime is less than 99.95% but equal to or greater than 99.0%, the service credit is equal to 10% of the Service's monthly cost;
- If the monthly uptime is less than 99.0%, the service credit is equal to 30% of the Service's cost.
Some performance issues are excluded from downtime calculations, such as:
- Issues caused by factors outside of the Company's reasonable control;
- Issues that resulted from any actions or inaction by a user or a third party;
- Issues that resulted from the user's equipment and/or third-party equipment (not within the primary control of the Company). For the avoidance of any doubt, the Company does not provide any internet or network services and any performance issues related to that type of services shall be deemed not in the primary control of the Company;
- Issues that arise from the Company's suspension or termination of rights to use the Service in accordance with the Terms;
- Downtime caused by reasonable scheduled maintenance that is announced in advance.
4. Indemnification
You agree that the Company, and any parents, subsidiaries, officers, directors, employees, agents, or third-party contractors (the "Indemnified Parties") cannot be held responsible for any third-party claim, demand, or damages, including reasonable attorneys' fees, arising out of your use of your Account or the Services. You agree that the Indemnified Parties will have no liability in connection with any such third-party claim, demand, or damages, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees and litigation expenses of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any third-party claims, demands, or damages arising out of your use of your Account or the Services.
5. Privacy
Our Privacy Policy and its sub-policies explain the way we handle and protect your personal data and privacy in relation to your Account, your use of the Services. By agreeing to the present Terms and to be able to use the Services, you also agree to our Privacy Policy and its sub-policies.
If, in the provision of the Services, the Company processes, on the user's behalf (where the user acts as a Data Controller), any personal data that is subject to the EU General Data Protection Regulation (GDPR), the company's data processing agreement shall apply.
6. Terms of Payment
Subscriptions for the Services are charged on a monthly, yearly or bi-yearly billing cycle, depending on your selection. After the initial term, the subscription is renewed automatically for the duration as specified during your initial purchase and you will be charged accordingly, unless cancelled or modified by you. Credit balances are automatically deducted accordingly. You are responsible for keeping payment information in relation with your Account up to date.
The prices displayed on our Websites and Apps at the time of your initial purchase are subject to change. If the renewal price has changed, you will be charged the then-current price valid at the time of the renewal of your subscription. If you do not wish to continue using our paid Services, you must cancel your subscription before its renewal date by visiting your Account dashboard and following the cancel subscription steps. If you are unable to access your Account dashboard, you may cancel your subscription by contacting our Customer Support.
7. Modification to the Terms of Service
Within the limits of applicable law, the Company reserves the right to review and change these Terms at any time. As long as you are using your Account or the Services, you are responsible for regularly reviewing these Terms. Continued use of your Account or the Services, including non-deletion of your Account after such changes are performed shall constitute your consent to them. The latest Terms will apply going forward and to any dispute or issue arising after the Terms have been updated.
8. Severability
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions, unless they materially affect the entire intent and purpose of these Terms or unless otherwise provided herein, shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.
9. Miscellaneous
These Terms do not affect your statutory rights or your legal rights, if any, as a consumer.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section.
Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision.
We may assign these Terms in whole or in part. Moreover, we may delegate our rights and responsibilities or use contractors or agents to fulfill its obligations under these Terms.
These Terms represent the entire agreement between you and us in connection with your use of your Account or the Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and the Company with respect to your Account or the Services.
In case of discrepancy between the English version of these Terms and any translated version, the English version shall prevail.