Acceptable Use Policy
Welcome to Leonardo247. Leonardo247 LLC, (“Leonardo247,” “we,” “us” or “our”) provides a unified property operation and maintenance platform to its property management and property owner customers (each, a “Customer”) and the employees, contractors, and agents authorized by Customer to use the Services (each, an “Authorized User”).
Please read this Acceptable Use Policy (“AUP”) carefully. This AUP is a legal contract between you and Leonardo247. This AUP governs your use, and Leonardo247’s provision to you of the Leonardo247 mobile application, (the “App”), our software-as-a-service platform, the Leonardo274.com website and any successor websites and any other content, materials or information enabled thereon (collectively, the “Services”).
CLICKING THE “I ACCEPT” BUTTON, LOGGING INTO YOUR ACCOUNT, DOWNLOADING OR USING THE APP, OR USING THE SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AUP, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH LEONARDO247, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AUP PERSONALLY OR AS APPLICABLE, ON BEHALF OF THE ENTITY THAT YOU REPRESENT, AND TO BIND THAT ENTITY TO THIS AUP. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED FOR THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THIS AUP YOU ARE NOT PERMITTED TO ACCESS OR USE THE SERVICES.
- Your use of the Services.
- The Services, and any parts thereof, including the App, are protected by copyright laws throughout the world. Subject to this AUP, Leonardo247 grants you the right to access and use the features and functionality of the Services, as well as a limited license to reproduce portions of the Services for the sole purpose of using the Services for your internal business purposes.
- For any App made available as part of the Services, Leonardo247 grants you, subject to your compliance with the AUP, a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own use on behalf of a Customer and subject to the applicable Customer Agreement (as defined below). Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system); and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any App accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the App on a shared basis within your designated family group.
- If you are an Authorized User, that means you have been granted access to the Services as a result of an agreement between Leonardo247 and the Customer that granted you access or authorized Leonardo247 to grant you access (such agreement, a “Customer Agreement”). Under the Customer Agreement, we have committed to deliver the contracted-for Services to the Customer, including by providing its Authorized Users with access to certain of those Services. If you are an Authorized User, you acknowledge and agree that our provision of the Services to you and your access and use of the Services is subject to the terms of our commitments to the Customer with which you are affiliated. In such a case, the Customer may control and administer the implementation of the Services and any account you have on the Services, including by controlling privacy-related settings, provisioning or deprovisioning access to the Services (or parts thereof), enabling or disabling third-party integrations, and managing permissions. Your Customer can also access and process your data and the contents of your communications and files associated with your account. If a Customer provides you with access to the Services, your use of the Services is subject to that Customer’s policies, if any. Should you have any questions about the policies of your Customer or the implementation of the Services by the Customer, contact them directly. In the event of any conflict between this AUP and the Customer Agreement, the Customer Agreement shall control.
- Restrictions on Use. You shall not yourself, or through any other party: (a) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the software component of the Services (the “Software”) or any other part or portion of the Software and/or Services, as applicable; (b) license, sublicense, sell, resell, transfer, assign, distribute or make available, in whole or in part, the Services to any third party; (c) build a product using similar ideas, features, functions or graphics of the Services or otherwise engage in competitive benchmarking; (d) use the Services to (i) send or store infringing, threatening, harassing, defamatory, libelous, obscene, pornographic, indecent or otherwise unlawful or tortious materials, including materials harmful to children or violating third-party privacy rights, (ii) send or store materials containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs, or (iii) engage in any of Licensee’s time-critical, or mission-critical functions; (e) interfere with or disrupt the integrity or performance of the Services or the data contained therein, or attempt to probe, scan or test vulnerability of the Services without prior authorization of Licensor; (f) use any equipment, device, software or other means to circumvent or remove any usage restrictions; or (g) attempt to gain unauthorized access to the Services or its related systems or networks, including the Software itself. You agree that the Software contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including, but not limited to, copyright and patent protection, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Software may be reproduced in any form or by any means other than as expressly permitted herein.
- User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Services (e.g., information you include in your profile, or content you upload into or create through use of a feature on the Services). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate Section 4. You further represent that, subject to any rights in your User Content that are retained by the Customer that authorizes your use of the Services (if you are an Authorized User), you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display your User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in your User Content. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Leonardo247. Because you are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates Section 4. Leonardo247 is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
- Subject to any rights in your User Content that are retained by the Customer that authorizes your use of the Services (if you are an Authorized User), you hereby grant (and you represent and warrant that you have the right to grant) to Leonardo247 an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in connection with the Services and as otherwise permitted under the Customer Agreement under which you have been granted access to the Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
- We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate Section 4 or any other provision of the AUP or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 7, and/or reporting you to law enforcement authorities. If you are an Authorized User, you acknowledge and agree that we may take any of the actions described in this Section 3.2 at the direction of the Customer with which you are affiliated.
- If you provide Leonardo247 with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to Leonardo247 all rights in such Feedback and agree that Leonardo247 shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Leonardo247 will treat any Feedback you provide to Leonardo247 as non-confidential and non-proprietary. You agree that you will not submit to Leonardo247 any information or ideas that you consider to be confidential or proprietary.
- Acceptable Use Policy. You agree not to: (a) use the Services to upload, transmit, display, or distribute any User Content that (i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party, or is otherwise objectionable; (b) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (c) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (d) abuse other users’ personal information that you receive through the Services, such as to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (e) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (f) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (g) interfere with any other user’s use and enjoyment of the Services; (h) impersonate any person or entity, including any employee or representative of Leonardo247; (i) record any tutoring sessions that occur on the Platform or otherwise screen capture Content that is made available to you on the Platform, including Content made available to you in connection with any tutoring sessions; or (j) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
- Accessing and Downloading the Application from iTunes. You acknowledge and agree that the availability of certain aspects of any App we provide as part of the Services is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (the “App Store”). The following applies to any App Store Sourced Application accessed through or downloaded from the App Store:
- You acknowledge and agree that: (i) the AUP is concluded between you and Leonardo247 only, and not Apple; and (ii) Leonardo247, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service, and you agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Application.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support with respect to the App Store Sourced Application, and Leonardo247, not the App Store, is solely responsible for the Application, the content thereof, and warranty therefor.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Leonardo247 and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Leonardo247.
- You and Leonardo247 acknowledge that, as between Leonardo247 and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and Leonardo247 acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Leonardo247 and Apple, Leonardo247, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the AUP.
- You and Leonardo247 acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the AUP as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the AUP, Apple will have the right (and will be deemed to have accepted the right) to enforce the AUP as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. Without limiting any other terms of the AUP, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
- This AUP is subject to occasional revision, and if Leonardo247 makes any substantial changes to this AUP, Leonardo247 will prominently post notice of the changes on the Services. If you do not agree to any changes to this AUP, you must notify Leonardo247 prior to the effective date of the changes. Continued use of the Services, following notice of such changes, shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
- Term and Termination.
- This AUP will commence on the date when you accept it (as described in the preamble above) and remain in full force and effect until terminated in accordance with this Section.
- We may suspend or terminate your rights to use the Services (including your account) at any time for any reason at our sole discretion, including for any use of the Services in violation of the AUP or applicable law. You agree that all terminations for cause shall be made in Leonardo247’s sole discretion and that Leonardo247 shall not be liable to you or any third party for any termination of your account. In addition, if you have accessed the Services on behalf of a Customer the provision of certain services provided by Leonardo247 will automatically terminate when the Customer Agreement Leonardo247 maintains with Customer expires or is terminated. If you want to terminate any services provided by Leonardo247, you may do so by notifying Leonardo247 at the email address below, or Customer (if applicable).
- Termination of all services also includes deletion of your password and all related information, files and data in the Services. Leonardo247 will not have any liability whatsoever to you for any suspension or termination. All provisions of this AUP which by their nature should survive, shall survive termination of this AUP, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
- To the maximum extent permitted by law, the Services and all other materials are provided “AS IS” AND WITH ALL FAULTS. LEONARDO247 MAKES NO WARRANTIES WITH RESPECT TO THE services, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, ACCURACY, INTERFERENCE WITH YOUR QUIET ENJOYMENT, SYSTEM INTEGRATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LEONARDO247 OR ITS AGENTS OR EMPLOYEES SHALL IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
- You agree to indemnify and hold Leonardo247 harmless from and against all liabilities, obligations, losses and damages, costs and expenses, including reasonable attorney’s fees, relating to or arising out any or all of the following: (i) User Data; (ii) your use of, or inability to use, the Services; (iii) your violation of the AUP; (iv) your violation of any rights of another party, including any other users; or (v) your violation of any applicable laws, rules or regulations. Leonardo247 reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Leonardo247 in asserting any available defenses. You agree that the provisions in this section will survive any termination of your account, the AUP and/or your access to the Services.
- Limitation of Liability. IN NO EVENT WILL LEONARDO247 OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOST PROFITS, LOST DATA, OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING IN ANY WAY OUT OF THIS AUP OR YOUR USE OF THE SERVICES, EVEN IF LEONARDO247 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL CUMULATIVE LIABILITY OF LEONARDO247 AND ITS LICENSORS RELATED TO THIS AUP SHALL BE LIMITED TO FIFTY DOLLARS (U.S. $50). The parties agree that the limitations of liability set forth in this section shall survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy. The parties acknowledge that this AUP has been entered into in reliance upon these limitations of liability and that all such limitations form an essential basis of the bargain between the parties.
General. No failure or delay in exercising or enforcing this AUP shall constitute a waiver of the AUP or of any other right or remedy. If any provision of this AUP is deemed unenforceable due to law or change in law, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the balance of the AUP shall remain in effect. The AUP, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Leonardo247’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Leonardo247 shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, epidemics, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials. This AUP is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. The communications between you and Leonardo247 use electronic means. For contractual purposes, you (i) consent to receive communications from Leonardo247 in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Leonardo247 provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. Where Leonardo247 requires that you provide an e-mail address, you are responsible for providing Leonardo247 with your most current e-mail address. In the event that the last e-mail address you provided to Leonardo247 is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this AUP, Leonardo247’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Leonardo247 at the following address: email@example.com