When you use our services (including our website), you are
entering into a legal agreement and you agree to all of these
conditions of use.
You agree that by signing-up or similar, registering, accessing or using our Software (including any content or information provided as part of using the Site or Software), you are entering into a legally binding agreement (including when you are using our Software on behalf of a company).
Your agreement is made with LeoSquad, an ISO/IEC 17788:2014 certified product of Analogue Inc. (“Owner”), registration number 252222/077/078 with its address in Pinglasthan, Gaushala, Kathmandu, Nepal which may conclude this agreement on its own behalf or through other licensees which have the right to provide the user's access to the Software via the Site and collect fees from Users (“we”). You and we shall be collectively known herein as the “Parties” and individually as a “Party”.
1.1. Owner offers project management software (“Software”) as a
service solution through the https://www.leosquad.com/ (“Site”).
Owner offers several payment plans of the prearranged features,
tools and capacities sets designed to meet your specific needs as
provided on the Site.
1.3. End-User License grants You these limited rights: (i) to use the Software by logging to it via the Site or tailored gateway ; (ii) to upload and download the data to and from the Software; (iii) to use the built-in features and tools of the Software in order to retrieve, gather, process and analyze your data; (iv) to review and analyze data processing results via Software or by downloading the reports and data.
1.4. The End User License, if not terminated earlier under the terms of this Agreement, is granted for the period (“Term”) during which the Service Fee is paid for.
2.1. Your personal/corporate data shall be collected and processed
in accordance with the provisions of law and in accordance with
2.2. Owner has a right to transfer your contact/identification information and details to the Provider in order to provide you access to Site and the Software, and any third party in order to recover debts. If required, your personal data shall be provided to government officials for the official investigation. After providing your personal data to the government, LeoSquad will not be responsible to maintain confidentiality of your information.
3.1. You hereby agree to assume sole responsibility for
maintaining the confidentiality of your account and login details.
As such, you hereby agree to assume sole responsibility for all
activities that occur under your account or via use of your
password. If you become aware of any unauthorized use of your
password or of your account, you agree to notify Owner and/or
Provider immediately. You are solely responsible for utilizing
industry recognized software to detect and disinfect viruses,
spyware, malware, and other harmful or otherwise undesirable
components from any downloads that may jeopardize the security of
your account or otherwise cause harm. You agree to follow other
requirements related to your account as provided in the Terms and
Conditions of Use.
4.1. Effective date. You are considered to start using the
Software as of the date that you sign-up (or similar) you
continue/agree to access the Software subject to terms and
conditions of this Agreement (“Account Start Date”). This
Agreement is effective as of the Account Start Date subject to the
acceptance of this Agreement by you (“Effective Date”). This
Agreement shall apply together with Terms and Conditions of Use.
In case of conflict between this Agreement and Terms and
Conditions of Use, this Agreement shall prevail.
4.2. Term. The access to Software shall be provided to you on a month-to-month basis or yearly as per the plan subscribed, until the termination of this Agreement, subject to the Service Fees for the paid account plans. We or you may terminate this Agreement at any time with notice to the other. Owner or Provider may terminate this Agreement with immediate effect and without prior notice in case you make any breach of this Agreement, including Terms and Conditions of Use. On termination, you lose the right to access or use the Software. The following shall survive termination: (i) our rights to use and disclose your Feedback; (ii) any amounts owed by either Party prior to termination remain owed after termination.
5.1. In consideration for use of the Software, you agree to pay
the License fees (“License Fees”) as indicated at
https://www.leosquad.com/. You acknowledge and agree that Owner is
entitled, at its sole discretion, to change the Price List at any
time. Such changes shall be available on the Site. Unless
otherwise stated, all fees are quoted in NPR.
5.2. Duration of the billing period is one month or a year. The first monthly billing period begins on the date you purchase a paid subscription plan for your account for the first time and shall recur on the corresponding day of each month or year as subscribed thereafter. You are responsible for paying all applicable sales, use, transfer or other taxes, including withholding tax, and all duties. If You will not pay in time, the Owner is entitled to suspend access to Software.
5.3. You are required to provide the Owner or Provider with valid credit card details and authorization to bill for your use of the Software. If you shall pay the invoice under the bank wire transfer your payment should be made until the date provided in the invoice.
5.4. You agree to be bound by the billing practices of Owner as available on the Site in effect at any given time. Upon prior notice (with providing information on the Site sufficing), Owner reserves the right to change its billing practices whenever necessary, in its sole discretion. Provider is entitled to collect License fees instead of the Owner from Users for the granted right (sub-license) to access and use Software via the Site.
5.5. In case of termination before the completion of the billing period, any money paid for the Software is non-refundable.
6.1. In addition to your obligations and responsibilities provided
in the Terms and Conditions of Use, you: (i) shall not access (or
attempt to access) the Site and/or Software by any means other
than through the interface that is provided by the Site or Owner;
(ii) shall not gain or attempt to gain unauthorized access to
Owner’s computer systems or engage in any activity that disrupts,
diminishes the quality of, interferes with the performance of, or
impairs the functionality of the Software (or the servers and
networks in connection with the Site); (iii) shall not reproduce,
duplicate, copy, sell, trade or resell the Site and/or Software
(including platform or software), or any portion thereof, to any
individual or entity for any purpose whatsoever, as well you shall
not decompile or reverse engineer any part of the Site and/or the
Software, and that these actions are specifically prohibited. As
well, you shall use the Site and the Software for the lawful uses
only. Violation of any provision of this section shall be
considered a material breach of this Agreement.
6.2. Owner shall have the right to make modifications and updates as provided in the Terms and Conditions of Use. You will have access to support as provided in the Terms and Conditions of Use.
6.3. The Site and the Software are operated and maintained solely by the Owner. Provider has neither rights, nor ability to modify the Site / the Software, as well as no rights to use the Software. Provider does not provide any services to the Users, except for Licensee Level Support as provided in the Terms and Conditions of Use.
7.1. In addition and without limitations to what is provided in
terms and conditions of use, to the fullest extent of all
applicable laws, the site (including all information thereon) and
the software are provided on an “as is” basis and owner (including
provider and other owner’s licensees) disclaims: (i) all
representations or warranties, expressed or implied, regarding the
site or information thereon, the software or its products, or
otherwise relating to this agreement, including any implied
warranties of merchantability, fitness for a particular purpose,
or arising from course of dealing or course of performance; and
(ii) any warranty that its software or information will operate
uninterrupted, error-free, or that the servers are free of
viruses, spyware, malware or other harmful components. Further,
the owner (including provider and other owner’s licensees) makes
no representation or warranty with respect to any results
obtainable through the software, the site and/or associated
products. no advice or information, whether verbal or written,
given by owner (including provider and other owner’s licensees)
through the software, the site and/or otherwise shall create any
warranty, representation and/or guarantee not expressly stated in
8.1. As provided in terms and conditions of use, in no event shall
owner (including provider and other owner’s licensees) be liable
for any damages whatsoever (including, without limitation,
incidental and consequential damages, lost profits, or damages
resulting from lost data or business interruption) resulting from
the use or inability to use the site, the software and the
content, whether based on warranty, contract, tort, or any other
legal theory, and whether or not company is advised of the
possibility of such damages.
8.2. The aggregate liability of the owner (including provider and other owner’s licensees) to you for all claims arising from the site, the software and the content is limited to monthly / annual fees for the chosen subscription plan.
9.1. The Software and all content and materials on the Site,
including, without limitation, the logos, and all designs, text,
graphics, pictures, reviews, information, data, software, sound
files, other files and the selection and arrangement thereof are
the proprietary property of Owner or its licensors and are
protected by laws of the location of the Owner and international
copyright laws. Any use, copying, redistribution and/or
publication by you of any part of the Software and/or the Site are
9.2. You do not acquire any ownership rights to the Software, the Site or any material made available by and through the Site. However, all information and data uploaded by you or retrieved, processed by the Software on your behalf shall remain your property. You shall have a right to download, retrieve, copy, duplicate any of his data as stored on the Site or in/by the Software. This information shall not be disclosed to third parties.
9.3. Any use of the materials, except your information, contained on the Software and/or the Site without the prior written permission of the Owner, is strictly prohibited and will terminate the End-User License granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. The End-User License is revocable at any time, in sole discretion of the Owner/Provider.
10.1. This Agreement is governed by the laws of Nepal. The courts
of Nepal shall have exclusive jurisdiction to hear any disputes
arising out of or in connection to this Agreement. The Parties
shall solve all disputes within 30 (thirty) days by negotiation,
if the dispute will not be solved during the mentioned term, the
case shall be submitted to the Supreme Court of Nepal.
10.2. This contract is abided by the National Civil (Code) act 2017. If otherwise there are any disputes regarding the contract, the dispute will be resolved according to the agreement here within the contract, if not it will be resolved according to the national civil (code) act 2017.
11.1. The Parties agree that neither Party will be liable, or be
considered to be in breach of the Agreement, on account of either
Party’s delay or failure to perform as required under the terms of
the Agreement as a result of any causes or conditions that are
beyond either Party’s reasonable control and such Party is unable
to overcome through the exercise of commercially reasonable
diligence (“Force Majeure Event”). If any such Force Majeure Event
occurs including, without limitation, acts of God, fires,
explosions, telecommunications, Internet or network failure,
results of vandalism or computer hacking, breakdown of or lack of
access to IT systems, or of damage to the data maintained in these
systems as a result of any of the reasons listed herein, a power
supply failure or failure in Owner’s systems, legislative or
administrative interventions, natural disasters, storm or other
natural occurrences, national emergencies, insurrections, riots,
wars, strikes or other labor difficulties, or any act or omission
of any other person or entity, the affected Party will give the
other Party notice and will use commercially reasonable efforts to
minimize the impact of any such event.
12.1. If any provision of this Agreement is found to be invalid by
any court having competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining
provisions of these Terms and Conditions, which shall remain in
full force and effect.
12.2. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
12.3. All provisions of this Agreement which by their nature shall be intended to continue shall survive termination, including terms relating to exclusions and limitations of Owner’s liability, intellectual property restrictions and reimbursement of damages.
12.4. Owner shall be entitled to subcontract any third party for the purposes of operation and/or maintenance of the Site / the Software under this Agreement.
12.5. Parties are independent contractors, and nothing in the Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the Parties. You have no authority to make or accept any offers or representations on behalf of the Owner / Provider. You are prohibited from making any statements on behalf of the Owner/Provider.
12.6. Owner shall be entitled, without your consent, to assign this Agreement to any third party, whether in whole or in part. In such cases, this Agreement shall continue in force, without changes, with the new person entering into the Owner's / Provider’s place as the contracting party. You shall not be entitled to assign or in any other way transfer this Agreement to a third party, whether in whole or in part without Owner’s / Provider’s prior written consent.