Acceptable Use Policy

LeapXpert Acceptable Use Policy

Last Updated: November 1, 2023

This Acceptable Use Policy (this “AUP”) applies to you (“you,” or “your”) as an End User (as defined below) of the Services provided by the applicable LeapXpert entity under the Customer Terms (defined below) (“LeapXpert,” “we,” “us,” or “our”) and governs your access and use of our communication and federated messaging orchestration tools, including our software, applications, and platform (each, a “Product”, and collectively, the “Services”). Please read these terms carefully. 

You may only use the Services if you are compliant with this AUP and any applicable laws. By using the Services, you affirm that you are at least eighteen years old and are the intended recipient of Customer’s invitation to the Services.

You are able to access and use the Services on behalf or for the benefit of the entity that you are associated with (the “Customer”). The Customer has separately agreed to our Customer Terms of Service or entered into a written agreement with us (in either case, the “Customer Terms”), which permitted the Customer to obtain subscriptions to Services so that you and other users could join. Any capitalized terms that are not defined in this AUP are defined in the Customer Terms.

The Relationship Between You, the Customer, and Us

AS BETWEEN US AND THE CUSTOMER, YOU AGREE THAT IT IS SOLELY THE CUSTOMER’S RESPONSIBILITY TO (A) OBTAIN ANY RIGHTS, PERMISSIONS OR CONSENT FROM YOU AND ANY OTHER END USERS THAT ARE NECESSARY FOR THE LAWFUL USE OF PERSONAL DATA AND THE OPERATION OF THE SERVICES; (B) ENSURE THAT THE TRANSFER AND PROCESSING OF PERSONAL DATA UNDER THE CONTRACT IS LAWFUL; AND (C) RESPOND TO AND RESOLVE ANY DISPUTE WITH YOU AND ANY END USER RELATING TO OR BASED ON PERSONAL DATA, THE SERVICES OR THE CUSTOMER’S FAILURE TO FULFIL THESE OBLIGATIONS. 

You acknowledge that Customer may provision or deprovision your access to the Services, enable or disable third party integrations, manage permissions, retention and export settings, transfer or assign company accounts, or consolidate company accounts with other company accounts. This AUP shall remain effective until the Customer’s subscription for you expires or terminates, or your access to the Services has been terminated by the Customer or us. Please contact the Customer if you wish to cancel your subscription to the Services. Your right to use the Services will immediately cease upon the termination of the Customer Terms, and LeapXpert may, without liability, deactivate or delete your account and all associated materials. 

Access to the Services 

Subject to your compliance with this AUP and the Customer Terms, (1) you are permitted on a non-exclusive, revocable, non-transferable and non-sublicensable basis to use the Services solely for Customer’s internal use and (2) you may be permitted on a non-exclusive, revocable, non-transferable and non-sublicensable basis to use the Product on your mobile device solely for Customer’s internal use. If you fail to comply with any of the terms of this AUP or the Customer Terms, you must immediately stop using the Services, including by deleting the Product from your device. 

Registration Information

You may need to register to use all or part of the Services. You may be required to provide information about yourself in order to register for and/or use certain Services. You agree that any such information shall be accurate. You may also be asked to choose a username and password. You are entirely responsible for maintaining the security of your username and password and agree not to disclose such to any third party. We will not be liable for any losses caused by any unauthorized use of your Customer account. You will promptly notify Customer if you become aware of or reasonably suspect any illegal or unauthorised activity or a security breach involving your account, including any loss, theft or unauthorised disclosure or use of a username, password or account.

Personal Data and/or Information

Your submission of Customer Data is governed by our Privacy Policy, which is hereby incorporated into this AUP by reference, as updated by us from time to time. You represent and warrant that (a) you possess the necessary rights and consents to use or exploit Customer Data on the Services, under applicable law and contractual and fiduciary relationships (such as proprietary and confidential information learnt or disclosed as part of employment relationships or under non-disclosure agreements); (b) neither the Customer Data nor the use of any Customer Data infringes, misappropriates, or violates any rights of any individual or entity; and (c) Customer Data is and continues to be collected, stored, transferred, processed, disclosed, and otherwise handled by in accordance with all applicable laws, including privacy and data protection laws.

You acknowledge that we are not responsible for the content of any Customer Data or the way you choose to use the Services to process any Customer Data.

Usage Data 

We may monitor, collect, use, and store information (including anonymous and aggregate statistics) regarding the use of the Services and information provided through the Services (collectively, “Usage Data”). We may analyze Usage Data in connection with your access and use of the Services, and may disclose your Usage Data to anyone for any reason or purpose. 

Prohibited Use

You agree that you will not (or cause anyone else to): 

• Reproduce, license, resell, transfer, modify, customize, disassemble, decompile, prepare derivative works of, create improvements, derive innovations from, reverse engineer or attempt to gain access to any underlying technology of the Services (e.g., any source code, process, data set or database, management tool, development tool, server or hosting site, etc);
• Frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service;
• Knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts LeapXpert’s networks, your accounts, or the Services;
• Engage in activity that is illegal, fraudulent, false, or misleading;
• Transmit through the Services any material that may infringe the intellectual property or other rights of third parties;
• Remove, alter or obscure any proprietary notices;
• Build or benchmark a competitive product or service, or copy any features, functions or graphics of the Services; 
• Circumvent or attempt to circumvent any technological protection measures intended to restrict access to or use of any portion of the Services;
• Take any action that imposes an unreasonable or inappropriately large load on the Services, including by obtaining multiple application programming interface keys;
• Use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; 
• Upload or transmit any software, content or code that does or is intended to harm, disable, hijack, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other software or networks of LeapXpert or other End Users of Services; 
• Engage in any activity or use the Services or account in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or LeapXpert’s security systems; 
• Falsify or alter any unique string identifying you or the Customer as a user of any application programming interface, or otherwise obscure the source of calls coming from you or the Customer; or
• Use the Services in violation of any LeapXpert policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and you agree that you and Customer are solely responsible for compliance with all such laws and regulations.

Temporary Suspension

We reserve the right to restrict functionalities or suspend the Services (or any part thereof), and your rights to access and use the Services and remove, disable or quarantine any content if (a) we reasonably believe that you have violated this AUP or Customer has violated the Customer Terms; or (b) we suspect or detect any malicious software connected to your account or use of the Services by you or Customer. Unless legally prohibited from doing so or where we are legally required to take immediate action, we will use commercially reasonable efforts to contact you via email to notify you when taking any of the foregoing actions. We shall not be liable to you, Customer or any other third party for any modification, suspension or discontinuation of your rights to access and use the Services. We may refer any suspected fraudulent, abusive, or illegal activity by you to law enforcement authorities at our sole discretion.

Ownership of LeapXpert Property

LeapXpert, and suppliers (as applicable) own and shall retain ownership of the Services, and any underlying or other technology and intellectual property embodied or contained in, used to provide or support, or otherwise associated or provided in connection with, the Services, including all proprietary rights related thereto, and all trade names, trademarks, service marks, trade dress, logos, icons, insignia, symbols, interface and other designs, domain names and corporate names, and the like (whether registered or unregistered) (“LeapXpert Marks”) associated or displayed with the Services, together with the goodwill associated with any of the foregoing LeapXpert Marks (all of the foregoing, collectively “LeapXpert Property”). No rights to use the LeapXpert Marks are provided to you herein.