Last updated July 1, 2024
AGREEMENT TO OUR LEGAL TERMS
We are Shenzhen Leanplans Co., Ltd, trading as Leanplans (“Company,” “we,” “us,” “our”), a company registered in 3rd Floor, Xili Lake Talent Service Center, Chongwen Park, Nanshan Zhiyuan, Shenzhen, Guangdong, China.
We operate the website https://www.leanplans.com/(the “Site”) as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).
You can contact us by phone at (+86)15338741929, email at service@leanplans.com, or by mail to 3rd Floor, Xili Lake Talent Service Center, Chongwen Park, Nanshan Zhiyuan, Shenzhen, Guangdaong, China.
By using our services, you’re entering into a binding agreement with us. You acknowledge that you’ve read, understood, and agree to follow these terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
TABLE OF CONTENTS
The information offered during the utilization of the Services is not designed for dissemination to or employment by any person or entity in any jurisdiction or country where such dissemination or employment would contravene law or regulation or which would render us subject to any registration requirement within such jurisdiction or country. Correspondingly, those individuals who opt to access the Services from other locations undertake this voluntarily and are solely accountable for complying with local laws, if and to the extent that local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
Our intellectual property
We retain exclusive ownership and licensure of all intellectual property rights pertaining to our Services, encompassing, but not limited to, source code, databases, software, website designs, audio, video, text, photographs, and graphics (hereinafter referred to as the “Content”), as well as the trademarks, service marks, and logos incorporated therein (the “Marks”).
Our Content and Marks are safeguarded by a comprehensive framework of copyright and trademark laws, as well as other intellectual property rights and unfair competition laws, in the United States and globally, pursuant to applicable treaties and international agreements.
The Content and Marks are made available through the Services on an “AS IS” basis, solely for your personal, non-commercial utilization or internal business purposes, and are subject to the terms and conditions set forth herein.
Your use of our Services
Provided you adhere to these Legal Terms, including the stipulations outlined in the ‘PROHIBITED ACTIVITIES’ section below, we hereby confer upon you a limited, non-exclusive, and non-transferable license, revocable at our discretion, to:
exclusively for your individual, non-commercial utilization or internal business objectives, and for no other purpose whatsoever.
Unless explicitly permitted in this section or elsewhere in these Legal Terms, you are strictly prohibited from copying, reproducing, aggregating, republishing, uploading, posting, publicly displaying, encoding, translating, transmitting, distributing, selling, licensing, or otherwise exploiting any part of the Services, Content, or Marks for any commercial purpose, without first obtaining our explicit prior written consent.
For any utilization of the Services, Content, or Marks beyond the scope outlined in this section or elsewhere in these Legal Terms, please submit your request to service@leanplans.com. In the event that we grant you permission to post, reproduce, or publicly display any part of our Services or Content, you are obligated to acknowledge us as the rightful owners or licensors of the Services, Content, or Marks, and ensure that any applicable copyright or proprietary notice is prominently displayed or visible when posting, reproducing, or displaying our Content.
We retain all rights, title, and interest in and to the Services, Content, and Marks, except as explicitly granted to you under these Legal Terms.
Any infringement of our Intellectual Property Rights will be deemed a material violation of these Legal Terms, resulting in the immediate termination of your right to access and utilize our Services.
Your submissions and contributions
It is essential to thoroughly review this section and the “PROHIBITED ACTIVITIES” section before utilizing our Services to ensure you comprehend (a) the rights you grant to us and (b) the responsibilities you assume when posting or uploading any content through the Services.
By voluntarily providing us with any questions, comments, suggestions, ideas, feedback, or other information related to the Services (“Submissions”), you hereby irrevocably assign to us all intellectual property rights, title, and interest in and to such Submissions. You acknowledge that we shall acquire full ownership of the Submission, and we shall be entitled to utilize, disclose, and exploit it for any lawful purpose, whether commercial or otherwise, without providing you with any acknowledgment, compensation, or consideration.
Contributions: The Services may offer opportunities for you to engage in online discussions, participate in blogs, message boards, online forums, and other interactive features, during which you may generate, submit, post, display, transmit, publish, distribute, or broadcast various forms of content and materials, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, ratings, suggestions, personal information, or other material (“Contributions”). Additionally, any publicly posted Submission shall be deemed a Contribution.
You acknowledge that Contributions may be accessible and visible to other users of the Services, and potentially through external websites or platforms
By posting any Contributions, you hereby grant us a worldwide, perpetual, irrevocable, non-exclusive, transferable, royalty-free, and fully-paid license to utilize, reproduce, distribute, sell, publish, broadcast, perform, display, reformat, translate, excerpt, and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, whether commercial, advertising, or otherwise. This license also permits us to prepare derivative works, incorporate your Contributions into other works, and sublicense these licenses. We may exercise these rights in any media formats and through any media channels.
This license also encompasses our use of your personal and commercial identifiers, including your name, company name, and franchise name, as applicable, as well as any trademarks, service marks, trade names, logos, and personal and commercial images that you provide to us.
You acknowledge that you are solely responsible for any Submissions you send and Contributions you post or upload through the Services, including those made accessible by linking your account to any social networking accounts:
You assume full responsibility for your Submissions and/or Contributions and agree to indemnify us against any losses or damages we may incur as a result of your violation of (a) these terms, (b) any third-party intellectual property rights, or (c) applicable laws and regulations.
We reserve the right to remove or modify your Content at our discretion, without prior notice, if we reasonably believe it to be harmful or in violation of these Legal Terms. In such cases, we may also suspend or disable your account and notify the relevant authorities.
Copyright infringement
We take intellectual property rights seriously and strive to protect them. If you suspect that any content accessible through our Services violates a copyright you own or have authority over, please proceed to the “COPYRIGHT INFRINGEMENTS“ section below for further guidance.
By utilizing the Services, you hereby represent and warrant that: (1) all information provided during registration is truthful, accurate, up-to-date, and complete; (2) you will ensure the ongoing accuracy of such information and promptly update it as necessary; (3) you possess the legal capacity to enter into this agreement and agree to comply with these Legal Terms; (4) you are of legal age in your jurisdiction of residence; (5) you will not utilize automated or artificial means, including bots or scripts, to access the Services; (6) you will not employ the Services for any unlawful or unauthorized purpose; and (7) your use of the Services will be in compliance with all applicable laws and regulations.
In the event that you provide false, inaccurate, outdated, or incomplete information, we reserve the right to suspend or terminate your account and deny you access to the Services, either in whole or in part, with immediate effect and without prior notice.
Registration may be necessary to utilize the Services. You agree to maintain the confidentiality of your password and acknowledge that you are solely responsible for all activities conducted through your account and password. We retain the right, at our discretion, to remove, reclaim, or modify any username you select if we deem it inappropriate, obscene, or otherwise objectionable.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
You agree to furnish accurate, up-to-date, and complete information regarding your purchases and account details when utilizing the Services for transactions. You also agree to promptly update your account and payment information, including your email address, payment method, and payment card expiration date, to facilitate seamless transactions and enable us to contact you when necessary. We reserve the right to add sales tax to purchase prices as required by applicable laws. We may modify prices at our discretion. All payments must be made in United States dollars.
You agree to pay all applicable charges at the prevailing prices for your purchases, including any relevant shipping fees, and you hereby authorize us to debit your designated payment provider for the corresponding amounts upon submission of your order. We retain the right to rectify any pricing errors or inaccuracies, even if payment has already been requested or received.
We retain the discretion to decline any order submitted through the Services. We may, at our sole discretion, impose limits or cancel quantities purchased per individual, per household, or per order. Such restrictions may apply to orders placed under the same customer account, payment method, and/or orders utilizing the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by wholesalers, retailers, or distributors.
Please review our Return Policy posted on the Services prior to making any purchases.
You are only permitted to access and utilize the Services for their intended purpose, as designated by us. The Services are not to be used for any commercial purposes unless explicitly authorized or endorsed by us.
As a user of the Services，you are prohibited from:
When using the Services, you may be able to create and share various types of content, including text, images, audio, and video. Please be aware that any content you share may be publicly visible and can be accessed by other users and third-party websites. By sharing your content, you acknowledge that it will not be treated as confidential or proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
You represent and warrant that your user-generated content (Contributions) do not infringe on the intellectual property rights of others, and that you have the necessary permissions and licenses to share such content. You also confirm that your Contributions are accurate, not misleading, and do not contain unsolicited advertising, obscene, or objectionable material. Furthermore, your Contributions do not harass, threaten, or promote violence against individuals or groups, and do not violate any applicable laws or regulations, including those related to privacy, child protection, and discrimination. By sharing your Contributions, you acknowledge that you are solely responsible for their content and compliance with these terms.
Any breach of these terms and conditions may result in the termination or suspension of your access to the Services, among other consequences.
By submitting your user-generated content to the Services, you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, distribute, and display such content for any purpose, including commercial and advertising purposes. This license includes the right to create derivative works, sublicense, and transmit the content in any format and through any media channel.
This license applies to all current and future forms of media and technology, and includes the use of your name, company name, franchise name, trademarks, service marks, trade names, logos, and personal and commercial images. You relinquish all moral rights to your user-generated content, and guarantee that no moral rights have been asserted in your Contributions.
You retain ownership and intellectual property rights to your user-generated content. We do not claim ownership or liability for the accuracy or content of your Contributions. You are solely responsible for the content and agree to hold us harmless from any claims or legal actions related to your Contributions.
We reserve the right, at our discretion, to modify, reclassify, or remove any user-generated content at any time and for any reason, without notice. We are under no obligation to review or monitor your Contributions.
When submitting reviews or ratings, you must adhere to the following guidelines: (1) you must have personal experience with the entity being reviewed; (2) reviews must not contain profanity, abusive, or hateful language; (3) reviews must not include discriminatory references; (4) reviews must not reference illegal activities; (5) competitors may not post negative reviews; (6) reviews must not make judgments about the legality of conduct; (7) reviews must not contain false or misleading information; and (8) you may not orchestrate campaigns to post reviews, whether positive or negative.
We reserve the right to accept, reject, or remove reviews at our discretion. We are under no obligation to monitor or delete reviews, even if they are deemed objectionable or inaccurate. Reviews do not reflect our opinions or those of our affiliates or partners. We disclaim liability for any review and for any claims, damages, or losses resulting from a review. By posting a review, you grant us a perpetual, non-exclusive, worldwide license to reproduce, modify, translate, transmit, display, perform, and distribute the review content.
The Services may provide access to external websites and third-party content, including articles, images, and software. We do not verify the accuracy, suitability, or completeness of such content. We are not liable for any external websites or content, including their content, accuracy, offensiveness, opinions, reliability, privacy practices, or policies. Our inclusion of links or content does not imply endorsement. If you choose to access external websites or use third-party content, you do so at your own risk and are subject to their terms and policies, which may differ from these Legal Terms.
When accessing external websites or using third-party applications, you should review their terms, policies, and privacy practices, as they may differ from ours. Any purchases made through these websites are between you and the third-party provider, and we assume no responsibility for such transactions. You acknowledge that we do not endorse third-party products or services and release us from any liability related to harm or losses resulting from your use of such products or services, or from any contact with third-party websites or content.
We reserve the right to: (1) monitor the Services for compliance with these Legal Terms; (2) take legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including reporting them to authorities; (3) restrict or disable access to your content at our discretion; (4) remove or disable files and content that are excessive in size or burdensome to our systems; and (5) manage the Services to protect our rights and property and ensure proper functioning.
We prioritize data privacy and security. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please note that the Services are hosted in the United States. If you access the Services from a region with differing laws or requirements governing personal data, you acknowledge that your data will be transferred to and processed in the United States, and you explicitly consent to this transfer and processing.
We respect the intellectual property rights of others. If you believe that any material on or through the Services infringes upon a copyright you own or control, please notify us immediately using the provided contact information. We will forward a copy of your notification to the person who posted or stored the material in question. Please be aware that, under applicable law, you may be liable for damages if you make false claims in a notification. If you are unsure about potential copyright infringement, it is recommended that you consult with an attorney before proceeding.
These Legal Terms will remain in effect and enforceable for the duration of your use of the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE AUTHORITY, AT OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE OR LIABILITY, TO DENY ACCESS AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY INDIVIDUAL FOR ANY REASON OR NO REASON, PARTICULARLY FOR VIOLATION OF ANY REPRESENTATION, WARRANTY, OR CLAUSE INCLUDED IN THESE LEGAL TERMS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU SUBMITTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.
In the event that we effectuate the termination or suspension of your account, for any reason whatsoever, you are hereby strictly prohibited from registering and creating a new account under your own name, a fictitious identity, or the identity of a third party, including, but not limited to, instances where you may be acting in a representative capacity on behalf of said third party. Moreover, in addition to the aforementioned termination or suspension of your account, we reserve the right to take all necessary and appropriate legal action, including, without limitation, the pursuit of civil, criminal, and injunctive remedies, as we deem fit.
We retain the unilateral right to alter, amend, or remove any content or materials comprising the Services at any time, with or without cause, and without prior notice, as we see fit. Notwithstanding, we are under no obligation to update or revise any information presented on the Services. Furthermore, we reserve the right to modify, discontinue, or terminate, in whole or in part, the Services at any time, without notice, and without incurring any liability to you or any third party arising from such modification, price adjustment, suspension, or discontinuance of the Services.
We do not warrant that the Services will be perpetually accessible or available. It is possible that we may encounter technical difficulties, including hardware, software, or other issues, or that we may need to perform maintenance on the Services, which could result in interruptions, delays, or errors. We reserve the right to modify, revise, update, suspend, discontinue, or otherwise alter the Services at any time, with or without cause, and without prior notice to you. You hereby acknowledge and agree that we shall not be liable for any loss, damage, or inconvenience arising from your inability to access or utilize the Services during any period of unavailability or discontinuance. Furthermore, nothing contained within these Legal Terms shall be construed as obligating us to maintain, support, or provide corrections, updates, or releases in connection with the Services.
These Legal Terms shall be construed and governed in accordance with the laws of the People’s Republic of China. Shenzhen Leanplans Co., Ltd and you hereby irrevocably agree to submit to the exclusive jurisdiction of the courts of China, which shall have sole and exclusive authority to adjudicate and resolve any disputes, controversies, or claims arising out of or in connection with these Legal Terms.
Informal Negotiations
To facilitate the prompt and cost-effective resolution of any dispute, controversy, or claim arising out of or in connection with these Legal Terms (each a “Dispute” and collectively, the “Disputes”), the Parties agree to engage in good faith negotiations to resolve such Dispute amicably for a period of at least thirty (30) consecutive days prior to initiating arbitration proceedings. The informal negotiation process shall be deemed to have commenced upon receipt of written notice by one Party from the other Party.
Binding Arbitration
Any dispute arising from or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be submitted to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) in accordance with the Rules of this ICAC, which, by virtue of this reference, is deemed to be part of this clause. The arbitration tribunal shall consist of three (3) arbitrators. The seat, or legal place, of arbitration shall be Shenzhen, China. The language of the arbitration proceedings shall be Simplified Chinese. The substantive law of China shall govern these Legal Terms.
Restrictions
The Parties agree that any arbitration will be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (a) no arbitration will be consolidated with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are exempt from the above provisions regarding informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is deemed illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
We do not warrant that the information on the Services is accurate, complete, reliable, current, or error-free. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services’ content or the content of any websites or mobile applications linked to the Services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Services, (5) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to protect, compensate, and hold harmless the entity, its subsidiaries, affiliates, and all respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your content submissions; (2) use of the services; (3) breach of these terms; (4) any breach of your representations and warranties set forth in these terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the services with whom you connected via the services. Notwithstanding the foregoing, the entity reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the entity, and you agree to cooperate, at your expense, with the entity’s defense of such claims. The entity will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will retain certain information that you submit to the Services for the purpose of ensuring the optimal operation of the Services, as well as data pertaining to your utilization of the Services. Although we conduct regular routine backups of data, you are exclusively responsible for all data that you transmit or that pertains to any activity you have undertaken using the Services. You agree that we shall bear no liability to you for any loss or corruption of any such data, and you hereby relinquish any right of action against us arising from any such loss or corruption of such data.
By accessing the Services, sending emails, and completing online forms, you are engaging in electronic communications. You hereby consent to receive electronic communications and acknowledge that all agreements, notices, disclosures, and other communications provided to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. 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 BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
3rd Floor, Xili Lake Talent Service Center, Chongwen Park, Nanshan Zhiyuan, Shenzhen, Guangdong, China.
Phone: (+86)15338741929
Email: service@leanplans.com
