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Terms of use

Leap Tools Inc. is the creator, owner, and operator of Roomvo and its associated digital properties, including all websites, applications, services, products and related content (collectively, our “Site” or “Roomvo”). This Terms of Use Agreement (“Agreement”) is a legally binding contract between you and Leap Tools Inc. with respect to Roomvo. By using Roomvo, you agree to comply with this Agreement. If you do not agree to any of the terms in this Agreement or if you are not legally competent or able to agree to them, then you may not use Roomvo. Our Privacy Policy is incorporated by reference into this Agreement and should therefore be read in conjunction with it. To the extent that Leap Tools processes any personal data on your behalf that is subject to the EU General Data Protection Regulation (GDPR), the terms of the Leap Tools Data Processing Agreement (get.roomvo.com/dpa), which are hereby incorporated by reference, shall apply. The terms “we,” “us,” and “our,” refer to Leap Tools Inc., a corporation headquartered in Toronto, Ontario, Canada.

Changes

At any time, we may change any of the following:

  • Our Site.
  • This Agreement.
  • Our policies, including our Privacy Policy.
  • The Data Processing Agreement.

The changes will be effective immediately when the change is available at our Site. Your use of our Site after such changes constitutes your acknowledgement, agreement, and acceptance of these changes. Revisions to this Agreement supersede all previous versions of this Agreement and any verbal or written notices or statements. If you do not agree with any changes to this Agreement, you should not use Roomvo.

Eligibility

To use Roomvo, you must be at least the age of majority where you reside. Regardless of location, you must be at least 13 years of age to use our Site. If you are under 13 years of age, then do not use Roomvo.

Orders

Roomvo facilitates the purchase of products or services that are offered, sold, or manufactured by third parties, such as our vendors. We do not guarantee that the prices, descriptions, images, 3D representations, and details for products or services are accurate, complete, reliable, current, or error-free. If a product you purchased is not as described, then your sole remedy is to contact the vendor.

We strive to provide accurate prices, descriptions, images, 3D representations, and details of the products we display. However, we may occasionally make mistakes or incur errors, causing inaccurate product or service information to be displayed on our Site, including size, color, price, and availability. Together with our vendors, we reserve the right to cancel your order, or to correct any errors and revoke any offers, including after the orders have been submitted.

We may need to verify certain information prior to accepting an order. Together with our vendors, we reserve the right to change, limit, refuse, or cancel any orders by you for products and services that are sold, at our discretion, without prior notification, and at any time, including after your receipt of an order number or email confirmation.

Templates

Fully editable and customizable templates of certain reference materials (including but not limited to Terms of Use and Privacy Policy) may be provided by Leap Tools within our Site or otherwise, as a reference for creating your terms. You are free to use our reference materials if you choose to do so, but you acknowledge and agree that it is your sole responsibility and obligation to seek independent legal advice on the terms you need to have in place with end users and to ensure that such terms accurately reflect your business practices and comply with any relevant laws and regulations. Leap Tools makes no representations, warranties or assurances in relation to the contents of any reference materials provided (including but not limited to template Terms of Use and Privacy Policy), and their provision by Leap Tools should not be construed as legal advice.

Use of Artificial Intelligence

For Roomvo Customers, your Roomvo Services provided by Leap Tools may include the use of Artificial Intelligence (“AI”), including but not limited to an AI Chatbot which is programmed to provide helpful information and assistance to end users based on available data and predefined algorithms. Artificial intelligence and machine learning are rapidly evolving fields of study. Given the probabilistic nature of machine learning, use of AI in our Services may, in some situations, lead to output or results that do not accurately reflect real people, places, or facts.
You acknowledge, understand and agree that:

  • AI-generated output may not always be accurate, and you should not rely on such output as a sole source of truth or factual information, or as a substitute for professional advice. AI-generated output may provide incomplete, incorrect, inappropriate or offensive output that does not represent Leap TooI’s views. If AI-generated output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with Leap Tools.

  • While the AI Chatbot is designed to provide helpful responses, it is an automated system, and it may not always provide 100% accurate information. As such, it is your responsibility to inform your end users to confirm any information received from the AI Chatbot with your live representative.

  • Leap Tools shall not be held responsible or liable to you, program partners, end users, or any other third parties for any errors, omissions, inaccuracies, or inappropriate or offensive content provided by our use of AI, and you agree to fully indemnify and hold harmless Leap Tools against any third party claims in this regard.

Roomvo Sites

Search Engine Optimization (“SEO”) Services:
For Roomvo Sites customers, you acknowledge, understand and accept that:
 
  • Third party search engines have their own proprietary algorithms that change with time, and we have no control over changes to search engine policies or algorithms; at any time third party search engines and platforms in their sole discretion may affect how your website content, pages, and domain are viewed and displayed and your website may lose rankings or be excluded from search results at the sole discretion of the search engines.
  • We are unable to guarantee a specific search result ranking, domain rating, or similar metric with respect to your Roomvo Site, due to factors beyond our scope and control. No refunds or discounts will be given for any SEO results that you are not satisfied with, and we assume no responsibility for the actions and algorithms of these search engines and platforms; you agree that we shall not be held liable for any impacts to your SEO rankings.

Roomvo SiteAds

For Customers of Roomvo SiteAds, the following additional terms shall apply:

  • Roomvo SiteAds Services may consist of some or all of the following related to paid digital advertising in various online channels, including but not limited to Google Ads, Meta Ads, and Bing Ads: campaign strategy, content strategy, budget allocation recommendations, campaign setup, analytics tracking setup, campaign monitoring and optimization, campaign performance reporting, and Customer website improvements reflecting the campaign strategy, including specialized landing pages.

  • The monthly management fee for Roomvo SiteAds Services billed to Customer includes an amount that is calculated as a percentage of Customer’s total advertising campaign spend. The management fee shall be invoiced and paid in advance of each month in which the Services are provided. Customer agrees that any increase in monthly advertising spend shall result in an immediate increase in the monthly management fee according to the agreed upon percentage.

  • Leap Tools may elect, in its sole discretion, for Customer spending on advertising to be charged separately from the Roomvo SiteAds Services monthly management fee that Leap Tools bills to Customer. In such event, Customer spending on advertising shall be paid by the Customer directly to the relevant advertising network(s), and Customer shall be solely responsible for managing such payments and accounts with the relevant advertising network(s).

  • Customer shall provide Leap Tools with the necessary access to any existing infrastructure, accounts, online properties, profiles, applications, content or information necessary to perform the Roomvo SiteAds Services.

  • Leap Tools will make commercially reasonable efforts to respond to all support requests in a timely manner.

  • No other person or agency (including Customer’s internal resources) may make changes to the relevant advertising campaign or campaign assets without the prior written approval of Leap Tools.

  • Customer represents and warrants that it has all necessary permissions, rights, title, and interest in and to all intellectual property, content, artwork, and designs, including but not limited to text, images, ad copy, keywords or keyword phrases, or any other content, which are provided to Leap Tools for the provision of the Roomvo SiteAds Services, and that it hereby grants permission to Leap Tools to use the aforementioned for the purpose of providing the Services. Customer shall protect, defend, and hold Leap Tools harmless from any claim or suit arising from the use of any such intellectual property furnished by the Customer to Leap Tools.

  • Customer acknowledges, understands and accepts that: Leap Tools owns and retains all right, title and interest in and to (a) the Services, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Services, provisioning of Services, or support, (c) all intellectual property rights related to any of the foregoing, and (d) any data or intellectual property that is based on or derived from Customer data or usage or provision of Services.

  • Customer agrees that while Leap Tools is providing Roomvo SiteAds Services, Leap Tools shall be Customer’s exclusive provider of paid digital advertising services.

  • Customer understands that Leap Tools has disclosed or may disclose business, technical or financial information relating to its business (hereinafter referred to as “Proprietary Information”). Proprietary Information of Leap Tools includes but is not limited to, non-public information such as pricing, features, functionality and performance of the Services. Customer agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use or divulge to any third party such Proprietary Information. Leap Tools agrees that the foregoing shall not apply with respect to any information that the Customer can document (a) is or becomes generally available to the public, (b) was in its possession or known by it prior to receipt from Leap Tools, (c) was rightfully disclosed to it without restriction by a third party, (d) was independently developed without use of any Proprietary Information of Leap Tools, or (e) is required to be disclosed by law.

  • Either party may terminate the Roomvo SiteAds Services by providing at least 30 days written notice to the other party.

  • Customer acknowledges, understands and accepts that: Leap Tools has no control over digital advertising performance, leads or traffic generated, and the policies of search engines or advertising networks with respect to the type of sites and/or content that search engines accept now or in the future. Customer’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine, advertising network, or directory. Accordingly, Leap Tools is unable to guarantee any specific outcome, results or similar metric with respect to the Roomvo SiteAds Services, due to factors beyond our scope and control. No refunds or discounts will be given for any Roomvo SiteAds Services results that Customer is not satisfied with, and Leap Tools assumes no responsibility for the policies, actions and algorithms of third party networks; Customer agrees that Leap Tools shall not be held liable for any outcomes related to the Roomvo SiteAds Services.

Use of Roomvo Kiosk

The “Roomvo Kiosk” is a version of Roomvo software, designed to be used on a piece of hardware (a “Kiosk”) located in a physical, commercial space (e.g., at the premises of a retailer or manufacturer), for use by potential customers, sales representatives and other personnel. By using the Roomvo Kiosk, you agree to comply with the following:

  • You acknowledge that you are free to obtain any Kiosk or any other hardware to run the Roomvo Kiosk software. The Roomvo Kiosk software is not restricted or limited to specific Kiosk models or hardware.
  • Leap Tools is not in the business of manufacturing, selling, or purchasing Kiosks, and is not affiliated with any Kiosk suppliers.
  • If you purchase a Kiosk or any other related hardware from a third party for use with the Roomvo Kiosk, Leap Tools is not a party to that transaction and any related agreement in any way whatsoever.
  • Any shipping arrangements, warranties, and support related to a Kiosk or any other hardware must be obtained through a third party supplier, and not through Leap Tools.
  • Leap Tools makes no representations or warranties regarding the products or services provided by any Kiosk or any other hardware suppliers and is not responsible for any liability or other lawsuits or claims related to your Kiosk or any other hardware.
  • Any prior agreements or purported agreements between you and Leap Tools related to your purchase of the Roomvo Kiosk, Kiosks or any other hardware are superseded and replaced by this Agreement.

User-generated content

As you use Roomvo, you may submit content to our Site, such as, without limitation, feedback, suggestions, comments, reviews, messages, product selections, business information, contact information, favorites, pictures, and captures of your surroundings, generated by you (collectively, “Content”). Any Content or other information submitted to Roomvo may be viewed by us, other users, third parties, or the public and will not be treated as confidential, private, or proprietary. By submitting Content, you agree to the following:

  • Your Content does not violate any copyright, trademark, patent, or other intellectual property or other rights of any third party or any applicable law or regulation.
  • You have the legal right to use and permit us to use and publish your Content.
  • Your Content does not violate any terms in this Agreement or our policies.
  • With the submission of your Content, you hereby grant us a perpetual, worldwide, irrevocable, and transferable right and license to use, copy, reproduce, distribute, disclose, publish, modify, process, sublicense, translate, transmit, make derivative works of, and otherwise exploit such Content, as a whole or in part, without compensation to you or others, in any format, media, or method, whether in existence today or yet to be created.
  • Should your Content be published or made available on our Site, you grant others who use our Site to access, use, view, watch, distribute, forward, perform, and display such Content, in whole or in part.
  • In the case of reviews or comments about a vendor, service provider, or any of their products or services, you agree not to submit Content if you are in any way related to the vendor or service provider, such as if you are an officer, director, employee, consultant, contractor, or affiliate of a vendor, service provider, or that of its competitor.
  • You agree to pay all potential fees, royalties, damages, and any other liabilities arising from your submission of Content to our Site.
  • You are solely responsible for your own Content and any consequences that may result from its posting or use.

Regarding Content submitted by you and others:

  • We do not endorse or make any warranties or representations with regards to any Content published on our Site, including but not limited to the accuracy, quality, legitimacy, or appropriateness of the information.
  • We reserve the right but not the obligation to monitor Content or any other information transmitted through our Site.
  • We cannot guarantee that some Content or other information published on our Site will not be offensive or defamatory.
  • We reserve the right but not the obligation to remove or refuse to publish any Content for any reason, without notice.
  • We may publish, transmit, and otherwise provide Content in any manner and method we choose.
  • We reserve the right to modify, translate, summarize, paraphrase, or shorten Content for any reason.
  • We take absolutely no responsibility for Content you or others submit on our Site.

Prohibited uses

When you use our Site, you agree to conduct yourself in a lawful manner, consistent with generally accepted standards of etiquette and our terms and policies. Otherwise, we may terminate your access to our Site and you may be subject to civil or criminal action. We may involve and cooperate with law enforcement and other authorities in prosecuting users who act unlawfully or maliciously.

In particular, you agree not to do any of the following:

  • Submit inaccurate, false, expired, misleading, or incomplete information, such as, without limitation, information about yourself, your device, your location, or when providing a comment or review of a product or service offered on our Site.
  • Use our Site or send data to cause or attempt to cause harm to any person or entity.
  • Transmit Content or data that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, libelous, discriminatory, hateful, or objectionable.
  • Use Roomvo for anything but personal use, including for-profit or commercial activities or intentions, unless permitted otherwise in writing.
  • Access, copy, reproduce, modify, reformat, adapt, transmit, publish, distribute, or exploit content and information found on our Site in any way, except as explicitly permitted in this Agreement.
  • Make copies of or display content from our Site for commercial purposes; without clear and visible attribution to Roomvo; or with modified or missing trademarks, copyright, or other notices contained in the original content.
  • Suggest, mislead, or imply, whether deliberately or accidentally, that we endorse, operate, sponsor, condone, recommend, or are affiliated with any other entity, website, or application.
  • Modify links to our Site or its associated content or code, including links to virtual rooms, whether originated from within our Site or externally.
  • Collect, store, or use personal information about any of the users on our Site without their consent.
  • Use our Site in a way that could harm, overburden, impair, interfere, or unreasonably strain our Site or its products, services, users, and any associated or connected systems.
  • Copy, reproduce, modify, adapt, translate, publish, post, transmit, upload, deploy, distribute, disclose, sell, license, decompile, disassemble, or reverse engineer any part of our Site.
  • Use robots, data mine, or similar data collection and extraction tools with respect to our Site.
  • Violate any applicable laws or regulations, whether deliberately or accidentally.

Intellectual property

Roomvo is owned and operated by Leap Tools Inc. Any content, information, data, products, services, and any derivative works from Content, and any associated intellectual property and other rights on our Site, are and will remain the property of Leap Tools Inc. and its vendors, licensors, and affiliates. Our property is protected by local and international laws, and you acknowledge that our rights are valid and enforceable.

Our Site contains registered and unregistered trademarks, copyrights, and service marks including but not limited to our logo, our tag lines, and those of our vendors and others (collectively, “Our Marks”). Any use of Our Marks is strictly prohibited, except as explicitly permitted in this Agreement. You acknowledge and agree that all rights regarding Our Marks are our exclusive property or that of our vendors, licensors, or affiliates, and that any value or goodwill created by your use of Our Marks will accrue to us alone. You also agree that you will not take any actions that could threaten, harm, challenge, or in any way conflict or reduce the value of Our Marks or our rights with respect to Our Marks.

You represent and warrant to us that you have all necessary rights to authorize, and no third party consents are required, the use of any content (including but not limited to product information) provided to us or content which we are requested to use or display within the Services and any such use will not infringe the rights of any third parties.

Patents

The following patents, owned by Leap Tools Inc., apply to our Site, including any features and services accessible from our Site:

United States Patent Numbers: 10,817,648, 11,194,952, 11,200,365.

Canada Patent Numbers: 3,166,296.

Copyright policy

Leap Tools Inc. takes the protection of intellectual property rights seriously and we do not knowingly upload or post content which infringes third party rights, nor do we permit users of our Site to engage in copyright infringing activities or infringement of other intellectual property rights, such as trademarks, through the use of our Site. We will address any allegations of intellectual property rights infringement made in relation to any content on our Site.

If you are a rights owner or an agent of a rights owner and believe that any content on our Sites infringes upon your copyright, you may submit a notification by providing us with the following information in writing:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the site where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact us via email, with subject line ‘Copyright Notice’, at support@roomvo.com. We will respond to any copyright or other intellectual property infringement claims as soon as reasonably practicable.

Termination

This agreement is effective from the date you first access our Site and remains in effect until terminated in accordance with this Agreement. You agree that at our discretion, at any time, and without notice, we may terminate your account and your access to Roomvo. Furthermore, we may remove any Content that you submit if we determine that you have violated this Agreement or for any other reason. This Agreement will automatically terminate if you fail to comply with it. Should this Agreement be terminated for any reason, all obligations, provisions, liability limitations, indemnities, disclaimers, rights, and licenses to us shall survive indefinitely. We cannot be held liable for any terminations, whether deliberate or accidental. You may terminate your account by sending your request via email to support@roomvo.com.

Liability limitation

Each of the following provisions applies to the maximum extent permitted by law:

  • We are providing you our Site on an “as is” and “as available” basis, without warranty of any kind, whether expressed or implied, including but not limited to the accuracy of information, appropriateness for a particular purpose, non-infringement, and any warranty arising out of usage for dealing or trade.
  • We are not responsible for any damages or liability arising out of the content on our Site, including, without limitation, content from third parties, the accuracy of any information, prices, availability, or product descriptions, and the quality or conduct of any third parties via Roomvo.
  • You agree that we will not be liable to you under any theory of liability, to the maximum extent permitted by law. We will not be liable for any indirect, incidental, or consequential damages, delays, mis- or non-delivery, loss of profits, business interruption, reputational harm, or loss of data due to your use or inability to use our Site or its products or services. Your use of Roomvo, its products, information, and services is strictly at your own risk.

Indemnification

You agree to fully indemnify, defend, and hold Roomvo, our affiliates, licensors, vendors, partners, agents, successors, and assigns and our and their officers, directors, employees, contractors, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs, including any legal fees and other expenses that arise directly or indirectly out of or from any of the following:

  • Your breach of this Agreement.
  • Your activities or misconduct, whether deliberate or accidental, through our Site.
  • Allegation that any information transmitted through our Site infringe or violate the copyright, trademark, patent, or other intellectual property or other rights of any third party.
  • Our advertisement or posting of third-party content or assets through Roomvo on your behalf or at your request.

Disputes

You and Leap Tools Inc. agree to forego any rights to litigate in a court or before a jury or to participate in a representative action or class action regarding a claim. In arbitration, other rights that you may have if you went to court, including discovery, may be limited or not available to you. Any disputes between you and Leap Tools Inc. or its officers, directors, partners, employees, representatives, contractors, agents, and affiliates, related to this Agreement will be settled by legally binding arbitration, the administration of which will be determined by us. The arbitrator will be an independent third party licensed to practice law. Arbitration will be conducted in Toronto, Ontario, Canada, unless we decide otherwise. Judgement from the arbitration may be filed in any court with jurisdiction over this Agreement. Any judgement must be consistent with this Agreement’s outlined liability limitations and indemnification.

Before requesting or initiating arbitration, you must notify us in writing at least 90 days in advance of your intention to file for arbitration. You may provide such notice by email to support@roomvo.com. During this period, you and Leap Tools Inc. will attempt to settle the disputes through mutual discussions. If we fail to settle within this period, you may initiate arbitration, which you agree to submit on an individual basis only. You acknowledge and agree that you and Leap Tools Inc. are each waiving the right to a trial before a jury or to participate as a member in a class action. Furthermore, the arbitrator may not consolidate more than one individual’s claim.

Jurisdiction

Roomvo is operated by Leap Tools Inc. from its offices in Toronto, Ontario, Canada. This Agreement shall be interpreted in accordance with the laws of the Province of Ontario without regard to its conflict of laws provisions. You agree to only submit actions, claims, or requests for arbitration to a court located in the Province of Ontario and no other court. If you use or access our Site, you do so at your own risk and are responsible for compliance with applicable local laws. We reserve the right to limit the availability of our Site to any person, geographic area, or jurisdiction, at any time and at our discretion.

Miscellaneous

The following terms also apply to this Agreement:

  • Severability: In case any part of this Agreement is found to be illegal or unenforceable, the remainder of the Agreement will continue to be valid and enforceable.
  • Transfer: No part of this Agreement can be transferred, delegated, or assigned by you.
  • Authority: This Agreement can only be modified by us. Our written and signed consent is required for any exceptions or modifications to this Agreement.
  • Precedence: This Agreement supersedes all previous versions of this Agreement and any other verbal or written notices or statements. In case of any conflicts between this Agreement and any other policy, notice, or statement, this Agreement shall take precedence.
  • Relationship: In no way does this Agreement create or relate to a partnership, joint venture, or employee-employer relationship between you and Leap Tools Inc.
  • Format: Headings, titles, emphases, formatting, and font styles in this Agreement are only for convenience and in no way define or explain any section or provision contained herein.
  • Exclusivity: This Agreement is only between you and Leap Tools Inc., even if you access our Site via our applications or other means. Application platforms, such as those operated by Apple, Inc. or Google Inc., or other services which enable you to access our Site, may be subject to additional terms.

Feedback and communication

If you have any questions, comments, suggestions, or feedback about this Agreement, our Site, or how we can improve, then you may contact us at support@roomvo.com. By communicating with us through any means, you grant us the right to use, copy, distribute, disclose, and exploit all or parts of your communication, at our discretion and without restriction or compensation to you.

Last Updated: March 5, 2024

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