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Security at Leadoo AIGeneral Terms & ConditionsData & GDPRKNOWLEDGE
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Security at Leadoo AIGeneral Terms & ConditionsData & GDPRUpdated: July 2, 2026
Updated: Jun 29, 2026
These Terms apply to the provision of the products, information and services available through leadoo.com or otherwise provided by Leadoo (“Service” or “Services”) to the firm, company, corporation, individual or other customer (“Customer”) and to all Contract(s). The Customer may not be a consumer and the Services are intended for business use only. Leadoo and the Customer are also referred to each as a “Party” and together as the ”Parties”. These Terms form an integral part of the Contract. The Customer’s purchase, procurement or other terms shall not apply to the Contract, even if referred in or attached to the Customer’s purchase order or other document submitted by Customer. In the event of a conflict between the Terms and other terms of the Contract added by Leadoo, the terms elsewhere in the Contract added by Leadoo shall prevail. The Customer represents and warrants that each person who takes the Services in use or uses the Services, the Documentation or the Software or clicks the acceptance of the Contract or the Terms or otherwise accepts the Contract or the Terms (or the modified version thereof) is authorized to conclude a binding agreement on behalf of the Customer and that the Customer is bound by the Contract (including but not limited to the Terms). If the Customer does not accept the terms of the Contract (including but not limited to the Terms), the Customer is not entitled to use the Services, the Documentation or the Software.
“Additional Fee” means the sum of money that Leadoo may charge the Customer in the event the Customer terminates the Contract using the Maximum Termination Period, corresponding to the sum of the Customer’s fees for the use of the Software for the remaining term of the Contract had it not been terminated. The Additional Fee does not apply if the Customer terminates the Contract due to circumstances for which Leadoo is liable.
“AI System” means the functionalities of the Software utilizing artificial intelligence technologies, including machine learning models, generative large language models, and predictive algorithms (e.g., Leadoo AI, AI Discussions), which constitute an AI system within the meaning of the AI Act and are made available to the Customer as part of the Services.
“AI Act” means Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act), Text with EEA relevance (OJ L, 2024/1689, 12.7.2024).
“Confidential Information” means any and all information of confidential nature supplied by a Party to the other Party, whether in writing, orally, electronically or otherwise, and whether marked as confidential or not.
“Contract” means an order, agreement or other contract in which the Parties agree on the provision of the Services to the Customer, such as (i) an agreement signed by the Parties, (ii) Leadoo’s binding offer accepted by the Customer, (iii) the Customer’s order accepted by Leadoo, e.g. by providing access to the Services to the Customer, or (iv) the Customer’s order on Leadoo’s website or other Leadoo’s ordering system, which order is accepted by Leadoo e.g. by providing access to the Services to the Customer.
“Contract Period” is defined in clause 7.
“Data Act” means Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonised rules on fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828 (Data Act).
“Derived Data” means any data, statistical models, insights, aggregations, or other output derived from or generated using Customer Data, Statistical Information or Platform Data, whether or not derived in combination with data from other customers or sources, such that the data cannot reasonably be used, whether alone or in combination with other reasonably available information, to identify the Customer or any of its Users or data subjects. Derived Data is not Customer Data.
“Documentation” means usage manuals and other documentation related to the Service in written or electronic form that are supplied by Leadoo to the Customer, are stored by Leadoo’s Help Desk for the purpose of use of Leadoo’s customers or are accessible through the Service, but excluding marketing materials.
“GDPR” means EU’s General Data Protection Regulation 2016/679.
“ICT” means information and communication technologies referred to in the Data Act.
“Information on jurisdiction” means the information on the jurisdiction to which the ICT infrastructure deployed for data processing within Leadoo’s individual services is subject, as referred to in Article 28 (1) (a) of the Data Act – contained in Appendix 1 to the Terms available on our website.
“Intellectual Property Rights” means patents, inventions, trademarks, domain names, rights in know-how, trade secrets, copyrights, database rights, rights related to copyrights and any other intellectual and industrial property rights, whether registered or not, and including without limitation the right to amend and further develop the objects of those rights and the right to assign the rights to third parties.
“Leadoo” means Leadoo Marketing Technologies Oy, business ID 2922046-1 registered at Paasivuorenkatu 3, 00500 Helsinki FINLAND, together with its directly and indirectly owned subsidiaries, e.g.: Leadoo Marketing Technologies Ltd, Company number 12201670.
“Maximum Notice Period” means a period of two calendar months.
“Maximum Transitional Period” means the period of 30 calendar days initiated after the Maximum Notice Period.
”Customer Data” means non-public any data, messages or other content submitted by or on behalf of the Customer or its website users into the Services of which the Customer or its users is the owner. Customer Data may include, unless expressly indicated otherwise by the context, Customer Personal Data. Leadoo’s processing of such Customer Personal Data will be governed by the Personal Data Processing Agreement. For the avoidance of doubt, Customer Data shall not include: (i) Platform Data; (ii) Derived Data or (iii) any data submitted by third parties not directly related to the Services provided to Customer.
“Customer Personal Data” means Personal Data submitted by Customer or its Users to the System, the processing of which by Leadoois governed by the Personal Data Processing Agreement.
“Service Fee” is defined in clause 5.
“Software” means software provided by Leadoo to the Customer for the purpose of the Customer installing on the Customer’s device(s) for the purpose of use of the Services.
“AI Discussions” means new initiated discussions, regardless of length of discussion, by one person. If Leadoo AI is added to the contract, it is capped to the amount defined on the contract. If no Leadoo AI is on the main contract it is not included in the package. If Leadoo AI is added without capping discussions the default capping of 1000 AI discussions per month is used.
“Basic integration” means integrations to Customer systems (such as a CRM) where there exists an integration connector for either native (Cyclr) or Zapier with existing templates and without modifications apart from field mappings. The basic integration includes updating or creating up to two objects in the Customer system such as Lead and Contact data. It includes updating/creating Contact information, discussion data, labels and variables. Work conducted outside this definition is billed according to the hourly pricelist under 6. Prices.
“Advanced integration” means everything in Basic integration plus up to 10 if clauses and any one-to-many data mapping or any integrations to custom systems through REST APIs or other custom APIs.
”Statistical Information” means (i) information on the way the Customer, its users and its website users use and access the Services, such as information on the time of use of different functionalities and on the ways to use the Services and (ii) the Customer Data, as such or as processed and/or combined with other data, but all (i) and (ii) in an aggregated form so that the Customer’s or the users identity cannot be identified directly from the Statistical Information. Leadoo shall own all rights, title, and interest in and to Statistical Information.
“Optimisation Meeting” (1hr meeting + optimisation): Your conversion expert analyzes collected data from your conversion tools (before the meeting), suggests optimizations based on it (during the meeting) and optimizes up to 10 of your conversion tools for you (after the meeting). Additional optimisation meetings can be added at a cost defined in the then-current Price List or as agreed in the Contract.
“Workshop” 1 hour. Your conversion expert performs a training workshop to enable you and your team to optimise your own conversion tools, increase efficiency with your existing functions and everything else you want to learn more about in Leadoo. Additional workshops can be added at a cost defined in the then-current Price List or as agreed in the Contract. Workshop Examples: A) How Company Identification can be utilized by sales teams for prospecting. B) Psychology behind successful conversion tools and how you build them. C) Conversion tool insights and what they tell us about your visitors. D) How you can use insights & data to personalize your approach for your visitors.
“Support” Between meetings with your conversion expert, you can take advantage of the Leadoo’s help center filled with helpful articles, guides, videos and documentation. You can always email our support if you encounter any issues: [email protected].
“Retrieval Period” – the period of data retention by Leadoo of 30 calendar days, beginning after the end of the transitional period agreed between the Customer and Leadoo in accordance with the Data Act.
“Platform Data” means all statistical, operational, and usage data derived from the operation or provision of the Services, including data regarding configurations, feature usage, log data, chatbot interaction data, and performance results. Leadoo shall own all rights, title, and interest in and to Platform Data.
The features of the Services provided to the Customer are described in the Contract. If no explicit Contract is made then these Terms of Service act as a Contract together with any choice made by Customer inside the application. If nothing else is explicitly agreed on the Contract the company identification feature is limited to 95 000 unique IP address calls per month. The Customer may make additional orders of features or Services and upgrade the Service tier to a higher tier (e.g. from Free-Tier Services to paid Services) during the term of the Contract, by using the functionalities within the Services or by making other additional orders. The Service may e.g. include separately priced additional features, services, products or other items which may be priced per item (e.g. per views or clicks) or per feature or bulk pricing (e.g. SMS messages in bulk of 1000 messages). All orders and upgrades are subject to Leadoo’s acceptance, are priced according to Leadoo’s then current price list and are governed by the Contract and these Terms. The Customer warrants that its users making orders have the right to make the orders. Downgrading to a lower tier with e.g. lower pricing or to Free-Tier Services is not possible during the then current Contract Period.
Subject to the terms of the Contract, Leadoo will use commercially reasonable efforts to provide the Customer with the Services. As part of the registration process, Customer will identify an administrative user name and password for the Customer’s company account. Leadoo reserves the right to refuse registration, and require change of passwords as it deems appropriate. Subject to the Terms hereof, Leadoo will provide the Customer with reasonable technical support services via email, phone or online chat on reasonable effort basis. As part of the technical support services, Leadoo investigates and fixes errors of the Services, but cannot guarantee that all errors can or will be fixed or the time schedule of fixes. Leadoo has the right to limit customers integration rules that cause extensive load to the platform and jeopardize system stability. Non commercial agreements come with no commitment for services or support. Leadoo’s responsibility for the Services and their functionality is limited to the functionalities of Leadoo’s own information systems. Leadoo cannot guarantee disruption-free access to the Services, or otherwise guarantee the availability or disruption-free use of the Services. Leadoo is not responsible for any restrictions on the use of the Service in any country. The Customer shall notify Leadoo of Leadoo’s breach of Contract without delay and latest within time that enables Leadoo to remedy the breach as to mitigate the adverse effects caused to the Customer by the breach. Leadoo may make any changes to the Services, subject to sec. 18.5.
The setup includes one kickoff meeting (1 hour), ten conversion tool implementations, going through the bots (1 hour) and two re-iterations of the bots based on customer feedback in one language, basic integrations (incl 2 hours of meetings) to CRM or marketing automation system and data synchronization to Google Tag Manager’s Data Layer. Additional services are billed according to the pricelist in 6.
Subject to the Customer’s payment of the prices payable for the Services (“Service Fee”), the Customer is granted a non-exclusive, non-transferable and non-sublicensable right to use the licensed features of the Services during the term of the Contract in the Customer’s own operations in accordance with the Documentation. Except for the Customer’s website users as allowed in the Documentation, the Customer may not use the Services to offer services to any third party, otherwise transfer the Services or allow access to the Services to any third party or allow any third party to benefit from the Services. The Customer shall follow the usage limitations set out in the Contract and the Documentation, regarding e.g. the functionalities of the Services provided to the Customer or other limitations. If the Customer, through the system, uses or makes use of either directly or indirectly of 3rd party images or icons the Customer agrees to the license terms of the said image provider such as but not limited to Unsplash.com. There are no implied licenses. The Customer may use the Documentation in order to use the Services, as long as the Customer’s right to use the Services is in force. The Customer is also granted a non-exclusive, non-transferable and non-sublicensable right to install the Software on the Customer’s devices and to use the Software in accordance with the Documentation in order to use the Services, as long as the Customer’s right to use the Services is in force. When the Customer’s right to use the Services expires or terminates, the Customer shall remove the Software permanently from its devices. The Customer’s users shall maintain their user names and passwords diligently and the user names and passwords may not be disclosed to third parties. The Customer is responsible for the use of Services by using its users’ user names and passwords. The Customer may not, directly or indirectly (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms of the Services, the Software or any software used by Leadoo to provide the Services, (b) modify, translate or create derivative works of the Services (except to the extent expressly permitted by Leadoo in the Documentation), the Software or the Documentation, (c) use the Services, Software or the Documentation for time sharing or service bureau purposes or otherwise for the benefit of any third party, or (d) remove any proprietary notices or labels.
Leadoo provides tools based on artificial intelligence (AI Systems). These systems are designed and implemented in accordance with the requirements of the AI Act.
The Customer acknowledges that AI Systems generate content in an automated manner. The Customer undertakes to inform end recipients of the fact that content is generated by AI, if required by if required by Art. 50 of the AI Act or other applicable laws.
Leadoo may use anonymized Customer Data to develop and improve its Services, including training of artificial intelligence and machine learning models. This data constitutes “Statistical Information”, “Platform Data” and/or “Derived Data” as defined in Section 2 and is processed in an anonymized and/or aggregated form and does not identify the Customer or its users, or disclose trade secrets. Leadoo does not use sensitive chat content or any identifiable personal information. Leado does NOT use any Customer Data to train foundation models.
Leadoo declares that, to the extent required by law, it applies control measures to ensure that AI Systems do not generate discriminatory content or violate prohibited practices specified in applicable laws, in particular the AI Act. However, the Customer bears full liability for the final acceptance, verification and publication of content suggested or generated by the AI Systems.
The Contract will remain in force initially for twelve (12) months’ Contract Period from the date it became in force, after which it will continue to be in force for subsequent one-year terms (the initial and each subsequent one-year term is referred to as “Contract Period”), unless terminated by either Party by a written notice given to the other Party at least thirty (30) days prior to the end of the then current Contract Period. Thus, the minimum term of the Contract is twelve (12) months, unless otherwise agreed in the Contract. If the parties have agreed on a different term in the Contract, the subsequent contract terms will still be 12 months. The Customer has the right to terminate the Contract with the Maximum Notice Period at any time. In such a case, Leadoo is entitled to charge an Additional Fee. Either Party may terminate the Contract with immediate effect by giving the other Party a written notice if the other Party commits a material breach of the Contract and fails to remedy the same within thirty (30) days after receipt of a written demand from the other Party to cure the breach. Leadoo may terminate any Customer agreement that is free of charge, at its own discretion at any time. The Customer shall notify Leadoo by sending an email to [email protected].
The Customer warrants that Leadoo and its subcontractors (in particular Benhauer sp. z o. o. based in Cracow, ul. Klimeckiego 4, 30- 705) are entitled to store and otherwise process the Customer Data lawfully for the purposes of the Contract. Prior to submitting the Customer Data, the Customer shall take and maintain copies of the Customer Data if the Customer deems it important to maintain the Customer Data. The same applies to any output data (such as reports) that the Customer receives by using the Services. The Customer is liable for the Customer Data and its correctness. The Customer shall ensure that the Customer Data has been scanned by using an up-to-date date virus scanning before submitting. The Customer may use the Services only in accordance with good business ethics. The Customer may not use Service for any illegal or questionable use, e.g. to SPAM, for selling drugs or any other illegal uses in the country the Customer operates in. The Customer shall comply strictly with all applicable federal, state and other laws and regulations, including without limitation, marketing and electronic marketing regulations, the U.S. CAN-SPAM Act of 2003, the GDPR and laws and regulations regarding privacy and electronic communications. Violation of laws or regulations will constitute the Customer’s material breach of these Terms. It is the sole responsibility of the Customer to ensure that the service usage complies with local legislation. The Customer agrees to defend and indemnify Leadoo from and against any claim by a third party in connection with the Customer’s failure to comply with laws or regulations. No limitations of liability shall apply to such liability of the Customer.
As between the parties, Leadoo shall own all right, title, and interest in and to Statistical Information. Leadoo may use, operate, copy, modify, disclose and publish the Statistical Information, in an anonymized and/or aggregated manner, in any and all means and for any and all purposes including the training, optimization, and improvement of Leadoo’s machine learning algorithms and AI Systems – provided that it does not identify the Customer as the source of the Statistical Information (unless consented to by the Customer). For the avoidance of doubt, Statistical Information forms part of Derived Data as defined in these Terms, and Leadoo’s ownership of Statistical Information survives the expiry or termination of this Agreement. Leadoo does not sell or expose individual customer-level data to third parties. Leadoo reserves the right to delete all data for unpaid, unused accounts after 3 months of inactivity. As Leadoo’s technology is embedded on the website the technology may collect contact information from the website directly or indirectly to track analytics on e.g. conversions. The Customer grants that such usage of website conversion directly or indirectly from the Customer’s website is allowed. Furthermore, the Customer grants that Leadoo may collect the domain names of email addresses collected from the website in the above manner for internal company to IP address matching purposes.
The Customer agrees that Leadoo may use the Customer Data to create and generate anonymized and aggregated statistical or analytical data. Upon their creation, such anonymized and aggregated results shall be deemed a separate category of data (“Derived Data”) and shall no longer constitute Customer Data. As between the parties, Leadoo shall own all right, title, and interest in and to all Derived Data, including all derivative works thereof, all AI/ML models and algorithms trained or improved using Derived Data or Statistical Information, and all products or services developed or improved using the same. The foregoing ownership vests in Leadoo automatically upon creation and survives the expiry or termination of this Agreement. For the avoidance of doubt, Leadoo only processes fully anonymized and aggregated Customer Data, which cannot be used to identify any individual Customer, directly or indirectly.
The Customer, upon its request, is allowed by Leadoo to switch the provider of services covered by the Contract to a different provider of data processing service or to port all exportable data and digital assets, referred to in the Data Act, to an on-premises ICT infrastructure, without undue delay and in any event not after the mandatory Maximum Transitional Period, during which the service contract remains applicable. Leadoo shall in this case:
Leadoo supports, to the extent resulting from the Data Act, the Customer’s exit strategy relevant to the contracted services, including by providing all relevant information.
The Contract shall be considered to be terminated and the Customer shall be notified of the termination, in one of the following cases:
Leadoo shall erase all exportable data and digital assets generated directly by the Customer, or relating to the Customer directly, after the expiry of the Retrieval Period or after the expiry of an alternative agreed period at a date later than the date of expiry of the Retrieval Period, provided that the switching process has been completed successfully. The Parties agree that, due to technical limitations, all exportable data and digital assets generated directly by the Customer or directly relating to the Customer will be erased when they are no longer necessary, not later than after 12 months after the completion of the switching process, unless Parties agree otherwise.
The Customer may notify Leadoo of its decision to perform one or more of the following actions upon termination of the Maximum Notice Period:
Where the mandatory Maximum Transitional Period is technically unfeasible, Leadoo shall notify the Customer within 14 working days of the making of the switching request, and shall duly justify the technical unfeasibility and indicate an alternative transitional period, which will not exceed seven months. Service continuity shall be ensured throughout the alternative transitional period.
The Customer has the right to extend the Maximum Transitional Period once. In this case, the Customer and Leadoo will enter into negotiations to agree on an appropriate transitional period, taking into account all relevant and reasonable circumstances.
Notwithstanding the foregoing, the erasure obligations in this Clause 8 and in the Data Protection Agreement apply only to Customer Data and do not extend to Statistical Information, Platform Data, Derived Data, or Feedback (as defined in these Terms and in Clause 9a), which Leadoo shall retain and may continue to use in perpetuity, including after termination of this Agreement, in accordance with Clause 8 and Clause 8a. Leadoo’s rights over Statistical Information, Platform Data, Derived Data, Feedback and all AI/ML models and algorithms trained or improved using the same shall survive the expiry or termination of this Agreement.
1. Subject to the terms of this Agreement, Customer grants to Leadoo and its affiliates a worldwide, non-exclusive, royalty-free licence to use, host, store, reproduce, modify, transmit, and create derivative works of Customer Data, without attribution, solely for the purposes of: (i) operating, providing, supporting, improving, or developing the Services; (ii) improving or developing Services (including developing additional functionality or new services, training and optimizing machine learning algorithms and AI models in accordance with Sec. 5a. Artificial Intelligence (AI Act Compliance)); and (iii) conducting internal analysis, benchmarking, and quality assurance.
2. Where Customer Data constitutes Customer Personal Data, processing of such Customer Personal Data is governed exclusively by the Data Protection Agreement and applicable data protection law. The licence granted in Clause 8a.1 applies to Customer Data that does not constitute Customer Personal Data and to Statistical Information, Platform Data and Derived Data (as defined in these Terms). For the avoidance of doubt, Leadoo’s existing rights over Statistical Information under Clause 8 are not affected by this Clause 8A and continue in full force.
Title and any and all Intellectual Property Rights in and to the Services, the Software, the software used by Leadoo to provide the Services and the Documentation, and any copies, modifications, translations, amendments and derivatives thereof, are and shall belong to Leadoo and/or its licensors. Leadoo also holds the right to use Customer created publicly available content as templates for other Customers. Title and any and all Intellectual Property Rights to all data collected or input into the system by the Customer are with the Customer. For the avoidance of doubt, this does not apply to Statistical Information, Platform Data, or Derived Data, title to which vests in Leadoo pursuant to Clauses 8 and 8a.
To the extent that the Customer or any of its Users provides to Leadoo any suggestions, ideas, enhancement requests, recommendations, corrections, bug reports, or other feedback concerning the Services or the Software, whether submitted through support channels, product feedback mechanisms, user research sessions, direct communication, or otherwise (“Feedback”), Customer hereby unconditionally and irrevocably assigns to Leadoo all right, title, and interest in and to such Feedback, including all intellectual property rights therein. Customer acknowledges that Leadoo may use, disclose, reproduce, licence, distribute, and exploit any Feedback for any purpose whatsoever, including to improve the Services, develop new products or features, or train AI Systems, without any obligation of compensation, attribution, or confidentiality to Customer. For the avoidance of doubt, Feedback shall not include any personal data or Confidential Information of Customer that may be incidentally contained within a communication.
The Customer shall, at its own expense, acquire the equipment, devices, connections, data transfer services, hardware, software and information security that are required for its use of the Services, according to the compatibility requirements set by Leadoo from time to time. For the avoidance of doubt, Leadoo’s technical support services do not cover defects of the Services and Leadoo is not be responsible for defects of the Services that are caused by: (a) faulty use or third parties; (b) failure to follow these Terms or the usage instructions; (c) a modification or repair performed by anyone else than Leadoo; (d) any equipment, devices, connections, data transfer services, hardware, software or information security not manufactured by Leadoo, or for any changes in the same or for incompatibility issues with the same; (e) the Customer Data or the Customer’s instructions.
Each Party shall keep in confidence all Confidential Information received from the other Party, and may not use such Confidential Information for any purposes other than those set forth in the Contract. Leadoo may disclose the Customer’s Confidential Information to its subcontractors (in particular Benhauer sp. z o. o. based in Cracow, ul. Klimeckiego 4, 30- 705) for the purposes set forth in the Contract provided that the subcontractors are bound by a confidentiality obligation substantially similar as herein. However, Confidential Information does not include information: (a) which is generally available to the public or otherwise public information through no breach of this confidentiality obligation by the receiving Party; (b) which the receiving Party has received from a third party; (c) which was in the possession of the receiving Party prior to receipt of the same from the other Party; (d) which the receiving Party has independently developed without using the Confidential Information of the other Party; or (e) which has to be disclosed in accordance with a mandatory judicial or other governmental order or otherwise under law. This confidentiality obligation is in force with respect to each Confidential Information for five (5) years from the disclosure of the Confidential Information in question.
Leadoo may use the Customer and the Customer’s name and logo in Leadoo’s marketing collateral, websites and promotional materials to identify the Customer as a Service customer of Leadoo.
The amended Terms will become effective on the date announced by Leadoo. The Customer shall notify Leadoo of any changes in the Customer’s circumstances that may affect the provision of the Services, by email ([email protected]). Leadoo may make effective notifications to the Customer by push notifications, to the Customer users’ email addresses, phone numbers and other contact addresses, in the user interface of the Services and in other means. The Customer guarantees that each of its users is authorized to receive notifications and to accept changes of these Terms and other terms of the Contract on the Customer’s behalf.
Both parties aggregate maximum liability arising out of and related to the Contract and any and all Customer’s orders for any and all causes of action occurred during any Contract Period, and including the amounts of possible price returns, price reductions and service level credits, shall not exceed the amount of the Service Fee (without value added tax and other governmental charges) paid or payable by the Customer to Leadoo for the said Contract Period. Except as expressly set out in these Terms, a Party shall have no liability for any: (i) indirect, incidental, special, consequential, exemplary or unforeseeable damages, such as loss of profit, revenue, use, goodwill or savings, business interruption, damage to reputation or for damages payable to third parties, or (ii) loss or alteration of data or for any damages incurred as a result thereof, or for cost of procurement of substitute goods or services. The limitations of liability shall not apply to damages caused by gross negligence or intentional act or to breaches of the terms of use in clause 5. No action may be brought by the Customer against Leadoo more than two (2) months after the cause of action has arisen.
When Leadoo is a personal data processor on behalf of the Customer in the meaning of the GDPR, the terms of the Data Processing Agreement, as attached to the Agreement. The Customer agrees that Leadoo uses cookies, other tracking mechanisms or other ways of identifying users, to provide the Service. The Customer is solely responsible for the compliance of the Customer’s sites and services with data protection and other laws and regulations, even if the Services are used in connection with the site or services. Leadoo sometimes shares Customer Data with third party companies and services for the purpose of the provision of the Services. For Services used on any website by the Customer, the Customer must obtain the website users’ legally valid consent to the use of cookies and other tracking and local storage mechanisms and the collection, sharing and use of the users’ personal data for the purposes of the Services, where legally required. If the Customer believes the usage is illegal, the Customer is obliged to stop using the service. The relevant cookies’ and privacy policies shall be easily accessible to the website users all the time when they access the website. The Customer must clearly identify to the users each party that may collect, receive or use users’ personal data as a consequence of the Customer’s use of the Services.
Except for the Free-Tier Services, Leadoo provides technical support services for the Services in accordance with Sections 4 and 10. Leadoo disclaims warranties of merchantability, fitness for a particular purpose and non-infringement of the Services and disclaims warranties that any information obtained by the Customer as a result of the Services would be accurate or reliable. Leadoo cannot control what kind of material is downloaded or submitted for example by users of websites or what kind of other third-party material the Customer otherwise obtains by using the Services. Leadoo shall not be responsible or liable for any third-party material (such as malicious content or data) obtained by using the Services or for any damage to the Customer’s devices or for loss of data or other damages that result from any third-party material. For the avoidance of doubt, Leadoo is not responsible or liable for third parties’ applications, systems or services that are connected to or used with the Services (such as third parties’ messaging services).
The Contract shall be construed in accordance with the laws of Finland, excluding its choice of law provisions and the UN Convention on Contracts for the International Sale of Goods. Any dispute, controversy or claim arising out of or relating to the Contract shall be settled primarily through negotiation. If the Parties cannot find a satisfactory solution through negotiation within sixty (60) days from the start of the negotiation, the dispute, controversy or claim shall be settled in the Helsinki District Court in Helsinki, Finland. The Customer expressly waives the right to participate in a class action against Leadoo. Notwithstanding the above, Leadoo shall be entitled to seek equitable and/or injunctive relief to prevent or stop a violation of the terms and conditions in the Contract and take legal actions concerning overdue payments, in any court of law.
Either Party may not assign the Contract to a third party, without the prior written consent of the other Party. However, Leadoo may assign the Contract without the consent of the Customer to a transferee, when assigning the ownership of Leadoo’s business assets or part thereof, or to a Leadoo’s affiliated company, and, for the avoidance of doubt, in merger or demerger. Leadoo may subcontract its duties. Leadoo shall be liable for the work of its subcontractors as for work of its own.
Upon termination of the Contract, the provisions relating to title and Intellectual Property Rights, confidentiality, limitations of liability, warranty disclaimers and this clause “Miscellaneous” shall survive. Also, any other provisions which by their nature or wording contemplate effectiveness beyond the termination of the Contract, shall survive the termination.
The Contract (including but not limited to the Terms) constitutes the complete agreement between the Parties with respect to the subject matter hereof and supersedes all previous proposals, marketing materials and other communications between the Parties with respect to the subject matter hereof.
If any provision of the Contract is found to be contrary to law, the other provisions of the Contract will remain in force. The invalid provision shall be amended by the Parties, and the Contract shall be interpreted, so as to best accomplish the objectives of the original provision to the fullest extent allowed by law.
No change of the Contract shall be binding unless made in writing and signed by duly authorized representatives of each Party.
Leadoo may amend these Terms for important reasons, which are: a) changes in generally applicable laws affecting the provisions of the Terms; b) the issuance of a judgement or decision directly affecting the provisions of the Terms by a court or public administration authority; c) introduction of new functionalities of the Software or changes to them; d) changes to Leadoo’s data processing practices, data use rights, or AI development activities, provided that such changes do not materially change the core nature of the Agreement or expand the categories of Personal Data processed under the Data Protection Agreement; (e) changes to pricing or fair-use limits for AI-powered features (effective from the next renewal term only); and (f) removal of ambiguities or doubts of interpretation. In case of the amendment of the Terms, Leadoo shall notify the Customer of the change by the message that will be communicated to the user via the Software.The Parties agree that the user is authorised to accept or reject the new terms and conditions on behalf of the Customer. Failure to respond to information about the change in the Terms within 14 days from the date of notification of the change is considered acceptance of the new terms and conditions. If the Customer objects to the new terms and conditions, the Parties will negotiate the terms and conditions in good faith, but the Customer may not object to changes resulting from the reasons indicated in (a) and (b) above. Customer’s objection to the new terms and conditions for reasons other than those indicated in (a) and (b) above means that the existing Terms applies to the performance of the Contract, whereby, this provision does not affect the Customer’s right to terminate the Contract in accordance with the Data Act, without incurring costs.
Notwithstanding the foregoing, Leadoo may update web-hosted supplemental documents (DPA, Privacy Policies, the Data Protection and GDPR page) by publishing a revised version at the applicable URL. For any changes to the DPA Leadoo shall provide 14 days’ prior notice to the change becoming effective. Customer’s continued use of the Services following the effective date of any update constitutes acceptance of the revised terms.
Leadoo shall not be liable for delays, defects or damages caused by factors due to an impediment beyond Leadoo’s reasonable control, which Leadoo cannot reasonably be deemed to have taken into account at the time of the conclusion of the Contract, and the consequences of which Leadoo could not reasonably have avoided or overcome. Such events of force majeure shall include, without being limited to, natural disasters, breakdown of electricity or networks, security attacks, failures in Internet or other public networks or data traffic, strikes and other labor disputes or acts of government. A labor dispute shall be considered a force majeure event also when Leadoo is the target or a party to such an action. The force majeure events suffered by Leadoo’s subcontractors are also deemed as force majeure events.
