1. Agreement
These Terms and Conditions (“Terms”) govern your access and use of the services provided by Leanmote PTY LTD (ABN 40 647 226 417, Australia) and Leanmote SpA (RUT 77.915.981-7, Chile), collectively referred to as “Leanmote”, “we”, “our”, or “us”. By accessing our websites, platforms, or services (“Services”), you agree to comply with these Terms.
2. Services and Support
Leanmote provides services and technical support according to specific service-level agreements (SLAs). Technical support is available via email, phone, and platform chat Monday to Friday, 9:00 am to 5:00 pm local business hours, excluding public holidays. We aim to respond to support requests within one business day.
3. Warranty and Service Availability
Leanmote commits to commercially reasonable efforts to ensure service continuity and performance standards specified in applicable SLAs. However, services may be temporarily unavailable due to scheduled or emergency maintenance or factors beyond Leanmote’s control. Leanmote will notify customers of scheduled maintenance at least 24 hours in advance.
4. Use Restrictions
You must not reverse engineer, modify, distribute, sublicense, or misuse our Services or Software. Unauthorized use, attempts to breach security, or misuse of content are strictly prohibited. Leanmote grants you a non-exclusive, non-transferable, non-sublicensable license to use the software provided solely in connection with your authorized use of the Services.
5. Intellectual Property
Leanmote retains all rights, title, and interest in the Services and associated intellectual property. Customer data remains the property of the customer. Leanmote has limited rights to use customer data solely for service provision, performance improvement, or compliance purposes.
6. Confidentiality
Both parties agree to maintain confidentiality regarding proprietary information exchanged. Proprietary Information includes any technical, financial, or business information provided by either party. Leanmote’s Proprietary Information specifically includes the non-public functionality, features, and performance details of the Services, while Customer’s Proprietary Information includes all non-public data provided by the customer for Service provision. Confidentiality obligations persist for five years post-termination or as required by applicable law. Each party shall securely delete or destroy confidential information upon termination or expiration unless required by law.
7. Privacy and Data Protection
Leanmote complies strictly with applicable data protection laws, including Australia’s Privacy Act and Chile’s Data Protection Law No. 19,628. Data provided may be processed outside the economic area of Chile; such processing adheres strictly to applicable regulations and Leanmote’s Privacy Policy. Leanmote ensures appropriate technical and organizational measures for data quality, security, and confidentiality. Customer data may be shared with trusted third-party providers strictly for the purpose of service provision, performance enhancement, and compliance. Upon service termination, Leanmote commits to securely deleting customer data and providing a deletion certificate upon request. Customers acknowledge and explicitly consent to the sharing of their data with third-party providers as necessary to provide the contracted services.
8. Payments and Fees
Customers must pay fees outlined in their service agreement or order form. Invoices are payable within 30 days of receipt. Late payments may incur interest charges and result in service suspension.
9. Liability Limitation
Leanmote will be liable only for direct damages caused explicitly by negligence, misconduct, or breaches attributable directly to Leanmote or its employees or subcontractors involved in providing the Services. Leanmote will not be responsible for indirect, incidental, special, exemplary, consequential damages, or service interruptions due to scheduled maintenance or factors beyond its reasonable control.
10. Compliance
Each party declares having implemented and maintaining effective compliance measures and preventive models in line with applicable laws, particularly Chilean laws 20,393 (corporate criminal liability), 21,595 (anti-corruption), and 21,643 (workplace dignity and harassment prevention). Parties must promptly inform each other of any investigations related to these matters. Non-compliance will constitute grounds for immediate termination and liability for damages caused.
11. Labour Responsibilities
Leanmote exclusively handles all employment obligations, including payroll, social security contributions, accident insurance, and legal compliance related to its employees or contractors. The customer has no employment responsibilities regarding Leanmote’s personnel. Upon request, Leanmote will provide proof of compliance with these obligations. Non-compliance may result in withholding of payments by the customer until obligations are met.
12. Term and Termination
These Terms remain effective until terminated by either party with 30 days’ notice or immediately upon material breach or non-payment. Certain obligations, including confidentiality, indemnification, and payment terms, survive termination.
13. Dispute Resolution
Any disputes shall initially be addressed through senior executive discussions within 21 days. If unresolved, disputes will be subject to the exclusive jurisdiction of:
- New South Wales, Australia, for customers outside Latin America.
- Santiago, Chile, for customers within Latin America.
15. Governing Law
These Terms are governed by:
- The laws of New South Wales, Australia, for users outside Latin America.
- The laws of the Republic of Chile, for users in Latin America.
16. Contact
For inquiries, notices, or service-related issues, please contact [email protected]
By using our Services, you acknowledge your understanding and acceptance of these comprehensive Terms and Conditions.