Terms & conditions
Effective Date: May 5, 2020
These Terms of Service (“Terms”) establish a binding contractual agreement between you (the visitor or user; hereinafter referred to as “you” or “your”) and Let's Enhance Inc. (“Let's Enhance”, “our”, “us” or “we”) according to which you may visit the Let’s Enhance website at https://letsenhance.io (“Website”) as well as your view and use of any and all hosted software and applications including but not limited to the Let's Enhance widgets, plug-ins, modules and hosting services (the “Hosted Services”; the Website together with the Hosted Services may hereinafter be collectively referred to the “Services”). The Website is owned and operated by Let’s Enhance Inc. and all Services are the intellectual property of Let’s Enhance.
Please read these Terms carefully before accessing or using the Services. By accessing or using any of the Services, you expressly agree to become bound by the terms and conditions of these Terms. If you do not agree to all the terms and conditions of these Terms, then you may not access the Website or use any Hosted Services. If these terms and conditions are considered an offer by Let's Enhance, acceptance is expressly limited to these Terms. The Website is available only to individuals who are at least 13 years old (16 years old for individuals from EU).
1. Your Let's Enhance Account and Site.
If you create an account on the Website or as required to access and use the Hosted Services, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Services. You must not describe or assign content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Let's Enhance may change or remove any content or photos that it considers inappropriate or unlawful, or otherwise likely to cause Let's Enhance liability. You must immediately notify Let's Enhance of any unauthorized uses of your account any other breaches of security. Let's Enhance will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Without limiting any of those representations or warranties, Let's Enhance has the right (though not the obligation) to, in Let's Enhance’s sole discretion (i) refuse or remove any content that, in Let's Enhance’s reasonable opinion, violates any Let's Enhance policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason, in Let's Enhance’s sole discretion. Let's Enhance will have no obligation to provide a refund of any amounts previously paid.
3. Payment and Renewal.
- General Terms Optional paid services such as paid accounts, extra operations, and premium support are available on the Website (“Plan(s)”). By selecting a Plan you agree to pay Let's Enhance the monthly or annual subscription fees indicated for those Services. Payments will be charged on a pre-pay basis on the day you sign up for the Plan and will cover the use of the subscribed-to Plan(s) for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
- Automatic Renewal Unless you notify Let's Enhance before the end of the applicable subscription period that you want to terminate a Plan , your Plan subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Plan (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Plans can be canceled at any time in the Account section of your site’s dashboard; however, there are no refunds.
4. Paid Services.
- Fees; Payment By signing up for an account for Services you agree to pay Let's Enhance the monthly or annual fees indicated at pricing. Applicable fees will be invoiced starting from the day your Services are established and in advance of using such Services. Let's Enhance reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Your Plan for Services can be canceled by you at any time through your Account page; however, there are no refunds.
- Support Certain Services packages include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time concerning the use of the Services. “Priority” means that support for paying Services customers takes priority over support for users of the standard, free Let's Enhance services. All Services support will be provided in accordance with Let's Enhance standard Services practices, procedures and policies.
You may not sell, resell, rent, lease, or distribute any plan or any other aspect of our Services to any third party unless authorized by us in writing.
6. White Label.
Let’s Enhance grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services solely in accordance with these Terms. You may not use the Services to distribute, rebrand, or white-label any of the Services we provide. Let’s Enhance may, in appropriate circumstances, terminate accounts which we believe are in violation of these Terms and this Section 6 without notice and without refund.
7. Responsibility of Website Visitors.
Let's Enhance has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Let's Enhance does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non- harmful. You are responsible for taking precautions as necessary to protect ourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Let's Enhance disclaims any and all responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content posted thereon.
8. License to Content.
We do not claim ownership of your content that you submit through the Service. Instead, when you upload or process content that is covered by intellectual property rights (like photos) on or in connection with our Service, you hereby grant Let’s Enhance a non-exclusive, revocable license to use, store, display, reproduce, re-post, modify, create derivative works of (including through aggregation), perform the Content, solely in the course of providing the Services and for its internal business purposes. Let’s Enhance has the right to grant to its contractors sublicenses under the licenses granted under this section and for the same purpose. If you request for the deletion of your Content, Let’s Enhance will use reasonable efforts to remove it from the Services, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
9. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which we link, and that link to us. Let's Enhance does not have any control over those non-Let's Enhance websites and webpages, and is not responsible for their contents or their use. By linking to a non-Let's Enhance website or webpage, Let's Enhance does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Let's Enhance disclaims any and all responsibility for any harm resulting from your use of non-Let's Enhance websites and webpages.
10. Intellectual Property.
These Terms not transfer from Let's Enhance to you any Let's Enhance or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Let's Enhance. Let's Enhance, Lets Enhance Inc., https://letsenhance.io, the Let's Enhance logo, and all other trademarks, service marks, graphics and logos used in connection with Let's Enhance, or the Website are trademarks or registered trademarks of Let's Enhance or Let's Enhance’s licensors; and, the Hosted Services are covered by Let’s Enhance trademarks or copyright. Other trademarks, service marks, graphics and logos used in connection with the Website or Hosted Services may be the trademarks of other third parties. Your use of the Website and Hosted Services grants you no right or license to reproduce or otherwise use any Let's Enhance or third-party trademarks.
11. Mailing list.
When signing up on Let's Enhance you are automatically subscribing to our mailing list. You can unsubscribe from the list at any time.
Let's Enhance reserves the right, at its sole discretion, to modify or replace any part of these Terms. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Website or Hosted Services following the posting of any changes to these Terms constitutes express acceptance of those changes. Let's Enhance may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to these Terms.
Let's Enhance may terminate your access to all or any part of the Website or your access to any of the Hosted Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your agreement with Let’s Enhance or your Let's Enhance account (if you have one), you may simply discontinue using the Services. Notwithstanding the foregoing, if you have a paid Services account, such account can only be terminated by Let's Enhance if you materially breach these Terms and fail to cure such breach within thirty (30) days from Let's Enhance’s notice to you thereof; provided that, Let's Enhance can terminate the Services immediately as part of a general shut down of our service. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. Disclaimer of Warranties.
The Services are provided “as is”. Let's Enhance and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Let's Enhance nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
15. Limitation of Liability.
In no event will Let's Enhance, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Let's Enhance under these Terms during the twelve (12) month period prior to the cause of action. Let's Enhance shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
16. General Representation and Warranty.
You agree to indemnify and hold harmless Let's Enhance, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses (including reasonable attorneys’ fees and costs) arising out of your use of the Services, including but not limited to your violation of these Terms.
These Terms constitute the entire agreement between Let's Enhance and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Let's Enhance, or by the posting by Let's Enhance of a revised version of these Terms. Except to the extent applicable law, if any, provides otherwise, these Terms, any access to or use of the Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under these Terms shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce or interpret these Terms shall be entitled to costs and attorneys’ fees. If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Let’s Enhance may assign its rights under these Terms without condition. This agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.