Leaply: Personalized plans for better living

1. Acceptance of these terms

These Terms of Use & Service (the “Terms” or the “Agreement”) are an agreement between you, as a user of the website: tryleaply.com (“Website”), and Momentumix Limited, with registered address at Georgiou A, 83, Shop 17, Potamos Germasogeias, 4047, Limassol, Cyprus (“Leaply”, or “we”/”us”).

These Terms govern your access to and use of the Website and the associated services offered through this Website.

Browsing the Website, its use or viewing the information in it constitutes the acceptance of all the terms of the Terms. In case you do not agree with any condition of the Terms, please immediately close the Website and stop any use of it.

All terms and policies, which may be adopted or introduced by us from time to time, including but not limited to Subscription Terms, Privacy Policy and Cookie Policy constitute an integral part of these Terms and are incorporated hereto by reference.

We may change the Terms by updating and posting them on this page of the Website. Changes shall automatically be effective upon publication. We may notify you specifically about some critical changes but are not obliged to do so in every case. Your use of the Website (after any changes to the Terms are published) means that you accept such changes to the Terms. After getting notice of changes of the Terms, if you do not object and opt-out of the amended Terms within fourteen (14) days, the amended version of the Terms is binding upon you.

PLEASE NOTE:

THE TERMS CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 13 THAT AFFECTS YOUR RIGHTS HEREUNDER WITH RESPECT TO ALL SERVICE(S). THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS APPELLATE REVIEW THAN IN COURT.
FURTHERMORE, THE TERMS OF USE & SERVICE CONTAIN DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND A CLASS ACTION WAIVER.

2. Service

Leaply is a self-improvement app that helps users to overcome their everyday problems with scientifically correct productivity tools, protocols and routines. We are aiming to help turning lazy modern way of living into high-performance and healty lifestyle. To utilize the service, users may be required to set up an account.

3. User accounts

3.1. Eligibility

To create an account on Leaply, you shall be at least 18 years old (or of the reciprocal age of majority in your state or jurisdiction) and able to form legally binding contracts. We do not knowingly collect personal information from children under 18 years of age.

3.2. Registration

In the course of registration of an account, you need to provide us a valid email address, and/or other information as prompted by the registration form or as required by applicable law. We may also allow you to register by using your social network credentials.

3.3. Account security

You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to your computer, and you will be solely responsible for all acts or omissions that occur under your account. You will immediately notify Leaply of any unauthorized use of your password or account. You should only create one account on the Website.
Unless expressly permitted in writing by Leaply, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to your account. Leaply reserves all available legal rights and remedies to prevent its unauthorized use, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
You agree to keep your contact and billing information (including but not limited to email address) true, accurate, complete and up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active Leaply accounts.

4. Subscription, payments and refunds

4.1. Subscription

The service is offered on a subscription basis for a fee - subscription. The subscription renews automatically until you cancel. By purchasing a subscription, you agree that you will be charged the applicable subscription fee at the beginning of your subscription period and on each renewal date thereafter until you cancel, at the then-current subscription fee.

The options for the subscription period(-s) duration may be set at the discretion of Leaply and change from time to time...

A subscription fee of USD 59.99 charged monthly;
A subscription fee of USD 99.99 charged every three months;
A subscription fee of USD 159.99 charged every six months.

Importantly - all relevant and applicable fees to you...

We may also from time to time offer discounted offers...

A subscription fee of USD 29.99 charged monthly;
A subscription fee of USD 49.99 charged every three months;
A subscription fee of USD 79.99 charged every six months.

Other offers of discounts, if any, will be presented...

Additionally, Leaply may offer temporary promotional discounts...

4.3. Payment method

Payments will be charged to the payment method you provided at the time of purchase at the payment page (after entering your payment method details). You authorize us (or our third-party payment processor) to automatically charge the applicable subscription fees on each renewal date to the payment method that you provided until you cancel your subscription.

You authorize Leaply to supply your payment details to a third-party payment provider for processing your payments. Your credit/debit card provider may charge you currency conversion fees and other charges for processing your payments.

4.4. Cancellation

Your subscription renews automatically at the end of each subscription period until you cancel. To avoid being charged cancel your subscription before the end of the then-current period.

You can cancel your Subscription by contacting our customer support team via email of our Support Team indicated at the end of the Terms below.

You will be responsible for all subscription fees (plus any applicable taxes and other charges) incurred for the then-current subscription period. If you cancel, your right to use the Website will continue until the end of your then-current subscription period and will then terminate without further charges.

We may cancel your subscription if you fail to pay for your subscription, violate these Terms, or for any other reason in our sole discretion.

4.5. No Refunds

The subscription fee is non-refundable. If you cancel your subscription in the middle of the subscription period you will not receive a refund of any portion of the subscription fee paid for the then current subscription period at the time of cancellation.

In any case, we have a right to refuse providing you any kind of refund if you have violated any provisions of the Terms.

Notice for the EU residents. You hereby request immediate performance of the Terms of Use and acknowledge that you will lose your right of withdrawal from the Terms of Use once they are fully performed. Therefore, if you cancel the Terms of Use for any reason and without justification within 14 calendar days from the date of your registration on the Website, you are entitled to the proportionate refund.

5. Representations and warranties from and restricted activities of users

5.1. Representations and Warranties from Users

By using the Website, you represent and warrant that you:

agree to be bound by the Terms,
are over the age of eighteen (18) years old (or of the reciprocal age of majority in your state or jurisdiction),
are neither located in a sanctioned country nor a prohibited person,
have the right, authority, and capacity to enter into this Agreement and abide by all of the terms and conditions of this Agreement,
agree and acknowledge that by using the Website you are accepting a benefit that cannot be disgorged, and
will not be engaged into any kind of activities that are prohibited.

5.2. Prohibited Activities of Users

This is a list of activities that we prohibit on the Website:

You shall not create duplicate profiles;
You shall not upload, post, email, transmit or otherwise make available to other Users any chain letters or junk email, commercial advertisements, or any other form of commercial solicitation;
You shall not "stalk" or otherwise harass any person on the Website;
You shall not post, transmit, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
You shall not remove any copyright, trademark, or other proprietary rights notices contained on the Website;
You shall not interfere with or disrupt the Website or the servers or networks connected to the Website;
You shall not post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, detrimentally interfere with, damage, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
You shall not make illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses for sending unsolicited emails;
You shall not "frame" or "mirror" any part of the Website, without Leaply prior written authorization;
You shall not modify, adapt, sublicense, translate, sell, reverse engineer, or disassemble any portion of the Website;
You shall not post or otherwise transmit any pornographic materials;
You shall not attempt to interfere with, harm, steal from, or gain unauthorized access to the Website or User accounts;
You shall not impersonate another person, or misrepresent your affiliation with a person or entity;
You shall not disclose personal information about another person or harass, abuse, or post objectionable material;
You shall not post or otherwise transmit advertising or marketing links or content, except as specifically allowed;
You shall not conduct any kind of advertising to, or solicitation of, from one User to other Users;
You shall not use the Website in an unlawful or illegal way including laws associated with international money transfers;
You shall not access the Website from a jurisdiction where it is illegal or unauthorized;
You shall not create any databases, websites, software, or services that compete with the Website;
You shall not access or use the Website in any way that violates this Agreement;
Your use of the Website shall not create liability for us or cause us to lose the services of our ISPs; and
You may not resell or make any commercial use of our system or the content on the Website without Leaply’s prior written consent.

Although Leaply cannot monitor the conduct of its Users while not on the Website, it is also a violation of these Terms to use any information obtained from the Website in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent or to harass, abuse, or harm another person.

6. Use of contacts and interaction with customer service

6.1. Electronic Communication

Without limiting other provisions of this Agreement (including the Privacy Policy), by using the Website, you agree to accept and consent to receiving electronic communications initiated from us regarding any issue arisen from this Agreement and Website.

All information communicated on the Website is considered electronic communication. When you communicate with us through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with Leaply electronically.

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

6.2. Telephone Calls and Text Messages

Communications from Leaply, including its agents, representatives, affiliates, or business partners, may include but are not limited to: operational communications concerning your account or use of the Website including account verification and message notifications, updates concerning new and existing features of the Website, marketing information and promotions run by us, our agents, representatives, affiliates, or business partners, any news concerning Leaply and any other purposes related to the Website or required to enforce these Terms.

By entering your telephone number into the Website, you expressly agree to receive communications at that number as required for the purposes identified above from us, our agents, representatives, affiliates, or business partners, via e-mail, SMS or text messages, phone calls, and push notifications. You further expressly agree that these communications, including phone calls, SMS or text messages, may be generated using automated technology, such as an automatic telephone dialing system, or artificial or prerecorded voice, and even if your telephone number(s) is listed on any Do-Not-Call lists.

We will use your mobile number in accordance with our Privacy Policy. You represent that for the telephone number(s) that you have provided to us, you are the current subscriber or customary user and that you have the authority to provide the consent described above to be contacted at such number(s). You agree to promptly alert us whenever you stop using a particular telephone number. Standard charges may apply to the receipt of these calls or text messages. You are responsible for those charges.

You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Website or the services provided by non-Leaply entities. Please note that consent is not a condition of using our Website and consent may be revoked at any time. However, opting out may impact your use of the Website.

We may monitor or record telephone conversations that we have with you or anyone acting on your behalf regardless you call us or we call you. We will use the results of monitoring and recording in accordance with our Privacy Policy.

6.3. Receipt of Special Offers and Other Communications

By accepting these Terms, you agree to receive special offers, promotional materials and other communications from Leaply according to the terms of the Privacy Policy.

6.4. Prohibited Conduct Towards Customer Service

When communicating with our customer service representatives, you agree not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, and behaving inappropriately anyhow.

If your behavior towards any of our representatives is such as described above, we may terminate your membership and cancel your subscription.

7. Privacy

We respect your privacy and the use and protection of your personal information. Your submission of personal information through the Website is governed by our Privacy Policy. It contains important information and disclosures relating to the collection and use of your personal information by us.

8. SUSPENSION OR TERMINATION OF MEMBERSHIP

8.1. General Grounds for Termination of Account

Customers may terminate their accounts at their sole discretion and at any time by written notice via email of our Support Team indicated at the end of the Terms below. Terminations typically will be effective within seven business days after our receipt of your termination notice.

We may block or terminate your use of the Website, cancel your subscription and/or modify or discontinue any portion or all of the Website at any time, at our sole discretion, for any or no reason and without notice.

For the purposes of these Terms:

“Termination” means deletion of the account from the Leaply servers and complete erasure of all data related to a User’s profile.
“Blocking” means temporary or permanent restriction of access to a User’s profile for violation of these Terms.

The decision regarding termination or blocking of the account is made each time by the Customer Service at its sole discretion. In particular, termination of account is possible as a result of its inactivity for three months, violation of these Terms, security reasons, etc.

8.2. Termination as a Result of Death or Disability

If a person that was the User of the Website is no longer able to use the Website by reason of death or disability, such person or their legal representative or legal successor may contact us regarding termination of the account.

8.3. Blocking of IP addresses

In order to protect the integrity of the Website, we reserve the right, at any time in our sole discretion, to block Users with certain IP addresses from accessing the Website.

In particular, we may block Users with IP addresses from certain jurisdictions, including, but not limited to, those that are subject to sanctions of the United Nations Security Council, included into the OFAC Sanctions List or the EU consolidated list of persons, groups and entities subject to financial sanctions.

9. License and copyright policy

9.1. Proprietary Rights

Unless otherwise indicated, all content, information, and other materials on Leaply, including, without limitation, trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of Leaply or its subsidiaries or affiliated companies and/or third-party licensors.

Leaply reserves all rights not expressly granted in these Terms. This license is subject to these Terms and does not permit you to engage in any of the following: (a) resale or commercial use of Leaply or the Materials; (b) distribution, public performance or public display of any Materials; (c) copying, modifying, reverse engineering, decompiling, disassembling, attempting to derive the source code of or otherwise making any derivative uses of Leaply or the Materials; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading of any portion of Leaply, except as expressly permitted; or (f) any use of Leaply or the Materials except for their intended purposes.

9.2. License

You grant to Leaply and its affiliates, licensees, and successors, a non-exclusive, unrestricted, irrevocable, perpetual, worldwide, royalty-free, fully sublicensable license to exercise the copyright, publicity, and database rights over the content.

You agree that any content you post on the Website, ideas, comments and testimonials you submit on the Website will not be considered confidential and may be used by Leaply, in its sole discretion, without any obligation to compensate for use of or to return any submitted Materials.

9.3. Our Actions in Cases of Intellectual Property Rights Infringement

We do not tolerate infringing activity on or through the Website anyhow. If we have any reasons to believe in good faith that content violates intellectual property rights, upon notice we:

remove or disable access to such content and/or any kind of information; and
remove such content and/or any kind of information uploaded to the Website by "repeat infringers".

"Repeat infringer" is a User that has uploaded content to or through the Website and about whom Leaply has received more than two takedown notices. However, we may terminate the account of a User after receipt of a single notification.

9.4. Procedure for Reporting Claimed Infringement

If you believe that any information/materials infringe your intellectual property right, please promptly send a written "Notification of Claimed Infringement" containing the following:

A physical or electronic signature of a person authorized to act on behalf of the owner;
Identification of the material allegedly being infringed;
Identification of the specific material that is claimed to be infringing and information sufficient to permit Leaply to locate it;
Information sufficient to permit Leaply to contact you, such as your name, address, telephone number, and email address;
A statement that you have a good faith belief that use of the material is not authorized;
Under penalty of perjury, a statement that the information is accurate and that you are authorized to act on behalf of the owner.

10. Disclaimer of warranties

Except where otherwise inapplicable or prohibited by law to the fullest extent permitted by law, Leaply services, software, and related documentation are provided “as is” and without any warranty of any kind either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

Leaply expressly disclaims all warranties of any kind whether express or implied, including, any warranty that:

the Website will meet your requirements;
the Website will be uninterrupted, timely, secure, or error-free;
the Website and the server that makes it available are free of viruses or other harmful components;
the results that may be obtained from the use of the Website will be correct, accurate, timely, or reliable;
the quality of any data or service available on the Website will meet your expectations; and
any defects or errors in the Website will be corrected.

Any material obtained through the use of the Website is accessed at your own discretion and risk. We cannot guarantee and do no promise any specific results from use of the Website.

11. Limitation of liability

Except where otherwise inapplicable or prohibited by law in no event shall Leaply be liable for any indirect, special, incidental, consequential, punitive or exemplary damages resulting from or in connection with:

the use, attempted use, or the inability to use the Website;
reliance on information obtained through the Website, from other Users or third parties or a linked site;
statements or conduct of any user or third party on the Website;
unauthorized access to or alteration of your transmissions or data; or
any other matter relating to the Website.

Even if Leaply is found liable under any theory in no event will our liability to you exceed the greater of (a) the amount of fees you pay to Leaply in the 12 months prior to the action, or (b) USD 100.

12. Indemnification

To the fullest extent permitted by law you agree to indemnify and hold Leaply harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys’ fees, resulting from your use of the Website and/or your breach of this Agreement.

Leaply reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Leaply.

13. Dispute resolution by mandatory binding arbitration and class action waiver

13.1. Applicability of Arbitration Agreement

This Arbitration Agreement governs any dispute between you and Leaply... (full text)

The relevant arbitrator shall have sole authority to determine applicability...

13.2. Initial Dispute Resolution

Most disputes can be resolved without resort to arbitration. If you have any dispute with Leaply, you agree that before taking any formal action, you will contact us via email...

13.3. Binding Arbitration

If the parties do not reach an agreed-upon solution within a period of sixty (60) days... claims will be finally settled by binding arbitration before one arbitrator administered by:

the London Court of International Arbitration (“LCIA”) if you are not a U.S. resident...
JAMS if you are a U.S. resident...

13.4. Arbitration Proceedings

Initiating Arbitration. To start an arbitration, you must follow instructions available at:

https://www.lcia.org/...
https://www.jamsadr.com/submit/

Arbitration Fees. If you are a consumer and you initiate arbitration, the only fee required to be paid is $250...

Arbitrator Selection. The arbitrator must be neutral...

Arbitration Hearings. The arbitrator will conduct hearings, if any, by teleconference...

Choice of Law. The arbitrator shall apply English Law for non-US residents or Delaware law for US residents.

13.5. Class Action Waiver

THE ARBITRATOR HAS NO AUTHORITY TO AWARD PUNITIVE DAMAGES... (full text)

13.6. Litigation

Notwithstanding the parties' decision to resolve all disputes through arbitration...

13.7. 30-Day Right to Opt Out

You have the right to opt out and not be bound by the arbitration...

13.8. Severability

If any portion of this Arbitration Agreement is found to be unenforceable...

13.9. Survival

This Arbitration Agreement will survive any termination of your use of the Website.

14. Changes to the agreement and its parties. Notices

14.1. Changes to the Agreement

We reserve the right, at our sole discretion, to change the Agreement from time to time and at any time and without prior notice by:

posting the changed Agreement (or parts of it) to the Website; or
otherwise giving you notice of the changes.

The changes shall be effective upon such posting by us or upon us giving you such notice, whichever is the earlier (unless we expressly indicate otherwise).

It is your responsibility to check the Website and your email account periodically for changes to these Terms and other parts of the Agreement.

Your continued use of or access to the Website following the effective date of any changes to the Agreement constitutes acceptance of those changes. This Agreement may not be changed by you, unless any changes proposed by you are expressly accepted by Leaply in writing.

Any new features which are added to the Website shall also be subject to the Terms.

In this clause, the terms "change" and "changed" in relation to changes to the Agreement shall be interpreted broadly and shall include any and all modifications, amendments, revisions and restatements whatsoever, including adding or removing any portions of this Agreement.

14.2. Changes to Parties

We may assign or transfer all of our rights and obligations hereunder to any other person, whether by way of novation or otherwise, and you hereby give us consent to any such assignment and transfer.

You agree that posting on this Website of a version of this Agreement indicating another person as a party to this Agreement will constitute sufficient notice to you of the transfer of our rights and obligations under the Agreement with you to that party (unless otherwise is expressly indicated).

14.3. Notices

Without prejudice to the provisions of the preceding clause, we may choose to notify you of changes to this Agreement by posting a notice via the Website, by sending you an email, or otherwise.

If we choose to notify you about changes to this Agreement or about other matters by email, each such notification shall be effective and shall be deemed received by you immediately after being sent to the email address you have provided to us, even if:

our email notification is filtered as a spam, junk, bulk, or other undesirable or low-priority message and is not displayed in your email inbox; or
do not actually read it for any other reason.

To reduce the chance that it is so filtered, please add email of our Support Team indicated at the end of the Terms below to your email contact book and whitelist this address as a "safe" or "approved" sender. In addition, you may wish to create a custom filter marking emails from this address as important emails for your high-priority inbox. Please contact your email service provider if you are not sure how to do any of that.

15. Term of the agreement

This Agreement will take full force and effect when you access the Website and will remain in effect while you use the Website until your account is terminated for whatever reason.

After your membership is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination including, but not limited to, Sections 5-18.

We reserve the right to take further action for our loss or the potential loss of other Users or third parties when necessary due to your breach of this Agreement, in our sole discretion.

16. Electronic signature

You further acknowledge and agree that by clicking on a button labeled "CONNECT NOW", "PAY", "BUY WITH GOOGLE PAY", "BUY WITH APPLE PAY", "I ACCEPT", "I AGREE" or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement.

Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, you hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed through the Website.

Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments by other than electronic means.

17. Miscellaneous

17.1 Governing and Venue

Except as otherwise specified herein, this Agreement shall be governed by and construed in accordance with the governing law - Cyprus.

To the extent that any action relating to any dispute hereunder is for whatever reason not submitted to arbitration, each of the parties submits to the exclusive jurisdiction to the courts of Cyprus to settle any disputes which may arise out of or in connection with this Agreement and that accordingly the relevant proceedings must be brought in such courts.

The parties irrevocably submit to the personal jurisdiction and venue of the courts of Cyprus and waive any defenses of improper venue or forum non conveniens.

17.2 Entire Agreement. Severability

This Agreement and all other provisions referenced herein contain the entire agreement between you and Leaply regarding the use of the Website. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

17.3 No Waiver of Breach or Default

The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

17.4 Force Majeure

Leaply shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, spam, or any failure of a computer, server or software, for so long as such event continues to delay Leaply’s performance.

17.5 Absence of Certain Kind of Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Leaply as a result of this Agreement or use of the Website.

17.6 Use of Section Headers

Use of Section headers in this Agreement is for convenience only and will not have any impact on the interpretation of particular provisions.

17.7 Translations

Any translation from the English version is provided for your convenience only. In the event of any difference in meaning, version, or interpretation between the English language version of these Terms and any translation, the English language version will prevail.

18. Contact information

Please Contact us with any questions regarding the Terms.

E-mail: [email protected]

Attention of: Customer Support, Leaply.