Terms of Service
LeansAI™
These Terms of Service are entered into between you and Leans AI (the “Company”, “LeansAI”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference including but not limited to our Privacy Policy (collectively, these “TOS”), govern your access to and use of leans.ai, a website owned and operated by the Company, and the LeansAI platform, whether via email or SMS subscription or via leans.ai, including but not limited to any content, functionality, subscription, applications or services offered on or through lean.ai or through email or SMS subscription to the LeansAI platform (collectively, the “Platform”), whether as a guest or a registered user. As used herein, the terms “you”, “your” and the like refer to the individual persons or entities using or accessing the Platform.
Please read these Terms of Service carefully before you start using the Platform.
By using OR ACCESSING the Platform or by clicking to accept or agree to these TOS when this option is made available to you, you accept and agree to be bound and abide by these TOS and our Privacy Policy, found at: https://leans.ai/privacy-policy/, incorporated herein by reference. If you do not want to agree to these TOS or the Privacy Policy, you must not access or use the Platform.
This Platform is offered and available to users who are 18 years of age or older. By using the Platform, you represent and warrant that you are competent and you are of legal age to form a binding contract with the Company and meet the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Platform.
1. USAGE AND CHANGES TO TERMS OF SERVICE
Your use of the Platform is additionally subject to your compliance with all applicable laws and regulations. We may revise and update these TOS from time to time in our sole discretion, and as such, you are encouraged to review these TOS periodically. All such changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised TOS is deemed to be your acceptance and agreement to the revised TOS. If you have a Subscription through the Platform and at any point you do not agree with changes to these TOS, your only remedy is to cancel your Subscription and discontinue use of the Platform (see cancellation provision in Section 9(F) below for terms regarding cancellation).
LeansAI reserves the right to terminate these TOS or any Subscription or user accounts without cause and without refund or credit. We reserve the right to withdraw or amend the Platform, and any service or material we provide on or through the Platform, in our sole discretion. We will make reasonable efforts to notify to you of any amendments to these TOS. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
2. SERVICES, CONTENT, AND SUBSCRIPTIONS
LeansAI provides subscribers with features, content, and services, including statistical analysis, sports information, statistical projections, and other interactive and non-interactive features, via the Platform (collectively, the “Subscription Content”). Certain features and content are made available to users that register within the Platform without purchasing a Subscription and such features and content shall be considered Subscription Content for purposes of these TOS. As used in these TOS, “Subscription” refers to a paid membership billed on a monthly basis to provide access to Subscription features, content, services and analysis. These features, content, services and analysis may be updated, deleted, and/or modified at any time at the sole discretion of LeansAI. You understand and agree that the Platform is provided “AS IS” and that LeansAI assumes no responsibility, liability, or warranty in connection with your use of the Platform.
3. DISCLOSURE
You may not distribute, modify, republish, or publicly display any of the Platform or any contents or information contained therein without prior written permission of LeansAI, which may be withheld at the sole discretion of LeansAI. As used herein, “Confidential Information” means proprietary information, technical data, trade secrets or know-how, including, but not limited to, research, products, services, customers, customer lists, vendor and supplier identities, markets, software, source code, algorithms, machine learning, neural networks, picks, predictions, data sources or other proprietary information relating to LeansAI or the Platform. You acknowledge and agree that the Platform includes Confidential Information of LeansAI and you hereby agree to hold all such Confidential Information in strict confidence and to not disclose such information to any third parties. You hereby acknowledge and agree that LeansAI would be irreparably harmed in the event of your unauthorized disclosure of Confidential Information. Accordingly, you agree that if there is a breach or threatened breach by you of this Section 3, then LeansAI shall, in addition to any other available right or remedy, be entitled to equitable relief, including a temporary restraining order, an injunction, specific performance and any other relief that may be available from a court of competent jurisdiction (without any requirement to post bond). In the event that you are compelled to disclose any Confidential Information by judicial or administrative process or by other requirements of law, you shall promptly notify LeansAI in writing and shall disclose only that portion of such Confidential Information which you are advised by counsel in writing is legally required to be disclosed, provided you shall use reasonable best efforts to obtain an appropriate protective order or other reasonable assurance that confidential treatment will be accorded such Confidential Information.
You may not use Confidential Information for any aspect pertaining to training, enhancing, monitoring, building, creating, sharing, or distributing Artificial Intelligence models. This includes but is not limited to Confidential Information used in any part of the Artificial Intelligence toolchain such as monitoring or data mining with bots, manual entry, scraping, labeling, training, train-test splits, testing, deployment, recursion, machine learning, natural language models, neural networks, or any other Artificial Intelligence method to consume, produce, or otherwise associate with this Confidential Information. We reserve the right to terminate subscriptions and block IP Addresses of any such infraction or suspected infraction at any time in accordance with our TOS, and seek full damages associated with this type of infringement.
4. DISCLAIMERS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. IN NO WAY DOES THE PLATFORM, LEANSAI OR THE PICKS GENERATED BY LEANSAI CONSTITUTE FINANCIAL ADVICE.
B. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LEANSAI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
C. LEANSAI MAKES NO WARRANTY THAT: (i) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (ii) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR NEEDS OR EXPECTATIONS, (v) OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (v) ANY ERRORS IN THE SOFTWARE OPERATING ON THE PLATFORM WILL BE CORRECTED; AND(vi) THE PICKS GENERATED BY LEANSAI ARE ACCURATE OR CORRECT.
D. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE AT YOUR SOLE DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. You understand that we cannot and do not guarantee or warrant that materials available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
E. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED OR DERIVED BY YOU FROM THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS AND LEANSAI SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PARTY RELATING TO OR ARISING OUT OF FOR ANY INFORMATION OR FOR ANY LOSSES YOU OR ANY THIRD PARTY INCUR FROM YOUR USE OF THE PLATFORM.
F. STATISTICAL ANALYSIS AND PREDICTIVE MODELING, INCLUDING THE LEANSAI MODEL, RELY HEAVILY ON VARIABLES INVOLVING HIGH VARIANCE AND/OR PSEUDO-RANDOM TRAITS, INCLUDING BUT NOT LIMITED TO HUMAN BEHAVIOR AND ASPECTS OF HUMAN BEHAVIOR, AND AS SUCH THE LEANSAI MODEL IS HIGHLY UNCERTAIN IN NATURE. PAST RESULTS OF MODEL ACCURACY AND PROJECTIONS, INCLUDING ANY STATEMENTS CONTAINED IN LEANAI’S MARKETING MATERIALS REGARDING RESULTS, IN NO WAY REPRESENT THE ACCURACY OF FUTURE MODEL PROJECTIONS. DUE TO THE INCREDIBLY HIGH AMOUNT OF UNCERTAINTY AND UNPREDICTABILITY INVOLVED, YOU ACCEPT AND AGREE YOU WILL NOT USE ANY OF THE PREDICTIVE MODELING OR PROJECTIONS, INCLUDING ANY AND ALL CONTENT FROM THE PLATFORM, FOR RELIANCE, ASSUMPTIONS, PRESUMPTIONS, OR PREDICTIONS ABOUT FUTURE EVENT OUTCOMES OR RESULTS. THE PLATFORM IS PROVIDED FOR NON-COMMERCIAL INFORMATIONAL PURPOSES ONLY.
G. AS USED IN THIS AGREEMENT AND IN LEANSAI’S MARKETING AND BRANDING MATERIALS, The term Artificial Intelligence (“AI”) means software and computer code in general. While LeansAI may employ certain AI techniques including but not limited to software, computer code, algorithms, machine learning, neural networks, etc., LeansAI makes no guaranty or warranty whatsoever relating THE ACCURACY OF OR RESULTED OBTAINED FROM the specific types of AI or software methodologies used OR EMPLOYED RELATING TO THE PLATFORM.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
5. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT LEANSAI, ITS AFFILIATES, AND ANY OF THEIR LICENSORS, SERVICE PROVIDERS, AGENTS, MEMBERS, OWNERS, MANAGERS, OFFICERS OR DIRECTORS SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES UNDER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY THEORIES OF DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LEANSAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES), ARISING OUT OF OR IN CONNECTION WITH: (i) THE USE OF OR THE INABILITY TO USE THE PLATFORM, ANY WEBSITES LINKED TO THE PLATFORM, ANY CONTENT ON THE PLATFORM, OR ANY SERVICES PROVIDED THROUGH THE PLATFORM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, INCLUDING THIRD PARTY CONTENT, ON THE PLATFORM; OR (v) ANY OTHER MATTER RELATING TO THE PLATFORM.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE LIABILITY OF LEANSAI ARISING OUT OF OR IN CONNECTION WITH THESE TOS EXCEED THE SUBSCRIPTION FEE PAID BY YOU TO LEANSAI DURING THE SIX (6) MONTHS PRECEDING THE CLAIM, PROVIDED THAT LEANSAI’S LIABLITY UNDER THIS SENTENCE SHALL BE LIMITED SOLELY TO DIRECT DAMAGES INCURRED BY YOU. THE LIMITATIONS SET FORTH IN THIS SECTION 5 APPLY TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNIFICATION OR OTHERWISE, EVEN IF LEANSAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
6. WAIVER
You agree that you release, waive, discharge, and covenant not to sue LeansAI, any affiliated companies, its representatives, administrators, managers, members, officer, agents, or other employees from demands, losses or damages on account of injury caused or alleged to be caused in whole or in part by the negligence of LeansAI or any of the other foregoing persons or entities. You agree that you have read the above waiver and release and understand that you are giving up substantial rights and do so voluntarily.
7. INFORMATIONAL PURPOSES ONLY
The Platform is provided for informational, non-commercial purposes only and is not intended to be used for any form of gambling or wagering.
LeansAI does not accept or place wagers and is not associated with any casino, sportsbook, sports betting phone/computer application or gambling enterprise, nor does LeansAI receive any consideration from any party which would have an interest in the information provided through the Platform.
Any part of the Platform that refers to a wagering amount, stake amount, or units for a specific game is NOT advice or a suggestion for a wagering amount, and should not be taken as such. These numbers are for informational purposes only derived from a mathematical modified Kelly strategy, which is one of many models that exists to derive possible wagering percentages from theoretical probability of win. The LeansAI system IS NOT, and SHOULD NOT be used as a wagering advice on any game or the outcome of any event. If we believe that you have violated the prohibitions in this paragraph, we may immediately terminate your access to the Platform, with or without notice to you. Notwithstanding any other provision of these TOS or of law, you will not be entitled to any refund of any Fee paid to us if your access is terminated because of a violation or alleged violation of these TOS.
8. RELIANCE ON INFORMATION
The information presented on or through the Platform is made available solely for general information purposes. LeansAI does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to or user of the Platform, or by anyone who may be informed of any of its contents. The LeansAI algorithm may examine data from a variety of sources, including but not limited to team performance, injury reports, weather reports, home vs. away, past performance of players or teams, historically relevant statistical trends, and more. While LeansAI uses commercial reasonable efforts to provide results from the LeansAI algorithm to subscribers, the data consumed and produced by the algorithm may not include or account for every relevant piece of information for a given situation. As such, the agents of LeansAI may, from time to time, make decisions on the relevance of the information produced or consumed by the algorithm and substitute in other information or data with or without notice.
9. SUBSCRIPTION
If you subscribe to a LeansAI Subscription, please review this section carefully as the terms and conditions contained in this Section 9 apply to your Subscription, in addition to the other terms and conditions contained in these TOS.
A LeansAI Subscription requires payment before you can access the Subscription Content. Once you have registered a user account and have set up or provided a valid payment method as indicated on the Subscription page of the Site (each, a “Payment Method”), you may access the Subscription Content. When you provide payment information, you certify and warrant that the information you provided is accurate, that you are authorized to use the Payment Method(s) provided, and that you will notify LeansAI of changes to the payment information.
LeansAI reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit/debit cards. Subject to compliance with the terms and conditions set forth in these TOS, during the term of your LeansAI Subscription, users who have purchased and paid for a LeansAI Subscription will have a limited, revocable, non-transferable and non-exclusive personal access to view Subscription Content through up to five (5) unique devices owned by you, provided the Platform may only be viewed by one (1) of the user’s designated devices at any one time. Users will use their username and password to access the LeansAI Subscription Content.
A. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. LeansAI shall be entitled to rely on the authority of any person using your username and password in providing information to and taking all actions that the authorized user would be entitled to take or direct. LeansAI reserves the right to deny, suspend or revoke access to the LeansAI Subscription Content, in whole or in part, if LeansAI believes a user is in breach of the TOS or is otherwise using or accessing the LeansAI Subscription Content in a manner inconsistent with these TOS. You acknowledge and agree that LeansAI is providing access to and use of Platform to multiple customers and such access and use is non-exclusive and non-transferable by you.
B. By subscribing to a LeansAI Subscription, you represent and warrant that you are 18 years of age or older. It is your sole responsibility to determine whether the Subscription Content in the LeansAI Subscription is suitable for you.
C. AUTOMATIC RENEWAL BILLING TERMS:By providing a Payment Method, you are agreeing to pay a Subscription fee (the “Fee”) that will automatically renew and be charged to your Payment Method. The Fee will be charged to your Payment Method automatically at the beginning of your Subscription period, and at the beginning of each renewal Subscription period thereafter on the calendar day corresponding to the beginning of your current Subscription period unless you cancel your Subscription or your account or the LeansAI Subscription is suspended or terminated by LeansAI. The renewal Subscription period will be the same length as your initial Subscription period unless otherwise agreed in writing. The rate for the renewal Subscription period will be the then-current Subscription rate, unless otherwise noted as in introductory rate subject to change after the introductory period has expired. The Fee charged to your Payment Method may vary from Subscription period to Subscription period due to changes in your Subscription plan or applicable taxes, and you authorize LeansAI to charge your Payment Method for these amounts. LeansAI reserves the right to change the pricing of subscription to the LeansAI Subscription at any time. In the event of a price change, LeansAI will post the new pricing on the Platform and attempt to notify you in advance by sending an email to the current email address associated with your account. You agree that by providing you with notice through an electronic communication from us relating to all agreements, notices, disclosures, and other communications that we provide to you electronically, LeansAI satisfies any legal requirement that such communications be in writing. If you do not wish to accept a price change, you may cancel your LeansAI Subscription as described below; otherwise you will be deemed to have consented to the price change and authorize LeansAI to charge the new Fees to your Payment Method. If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify LeansAI within 60 days after they first appear on an account statement.
D. In order to use the Platform, you must obtain access to the World Wide Web and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such a connection to the World Wide Web, including a computer and modem or other access device.
E. As described further below, even if you cancel your Subscription to the LeansAI Subscription during a Subscription period, YOU WILL NOT RECEIVE A REFUND for any portion of the Fee for the remainder of the current Subscription period. In rare circumstances, we may provide a credit, discount, or other consideration to some or all of our subscribers (“Credits“). The amount and form of such Credits, and the decision to provide them, are at our sole discretion. The provision of Credits in one instance does not entitle you or other users to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.
F. CANCELLATION: You can cancel your LeansAI Subscription at any time by contacting LeansAI by email at support@leans.ai. If you cancel your Subscription, the cancellation will be effective at the end of the then-current Subscription period. You will have continued access to the LeansAI Subscription for the remainder of your then-current paid Subscription period, but YOU WILL NOT RECEIVE A REFUND OF ANY FEE PAID. You must cancel your then-current Subscription before it renews for the next Subscription period to avoid paying the Fee for the next Subscription period. After cancellation of your Subscription, you will continue to owe any accrued amounts due under these TOS and not yet paid. You acknowledge and agree that cancellation of your Subscription is your sole recourse if you have any dissatisfaction, issue or concern related to the LeansAI Subscription, the Platform, its Content or features or the terms and conditions in the TOS, including Fees, applicable taxes, or billing methods, the LeansAI Privacy Policy,or any changes thereto; or any other of the LeansAI Subscription policies or practices. LeansAI reserves the right to terminate these TOS or any Subscription or user accounts at any time without cause and without refund or credit.
G. If you fail to pay any Fee when due, for any reason, LeansAI reserves the right to suspend your access to the Subscription Content until payment in full is made or to terminate your access to the Subscription Content. In the absence of termination, the recurring Fees for Renewal Terms shall continue to accrue until you terminate your Subscription and you will remain liable for all such amounts, as well as any costs that LeansAI incurs in collecting such amounts, including reasonable attorney and collection fees.
H. LeansAI reserves the right to update and change the LeansAI Subscription, including any of its features or content, at any time. In addition, LeansAI reserves the right to test various aspects of the LeansAI Subscription. LeansAI reserves the right to, and by using the Platform, you agree that, we may include you in or exclude you from these tests without notice. In the event of material changes to the LeansAI Subscription, LeansAI will post notice in the LeansAI Site.
I. As part of the LeansAI Subscription, LeansAI may send you emails regarding the Subscription Content or the LeansAI Subscription from time to time. You agree that LeansAI may send you these types of emails to the email address that you provided when registering. Because these emails are necessary for you to receive the LeansAI Subscription, you agree that you will receive these emails even if you have opted out of receiving other email from LeansAI. If you do not want to receive these types of emails, you may cancel your LeansAI Subscription at any time as provided in these TOS.
J. LeansAI is committed to a safe workplace for our staff. Any communications from customers via written, phone, fax, email, video, in-person, or other methods that contain harassment of any kind, including intimidation, harassing language, harassing behavior, expletive or derogatory statements, threats, false or misleading statements, repeated unwanted communications, spam, bullying, cyberbullying, stalking, sexual harassment, or any other form of harassment will result in the immediate suspension of your account and you will not receive a refund for any fees paid. In some cases, we will report these communications to the appropriate authorities and seek further action. Account suspension is determined at the sole discretion of LeansAI.
K. LeansAI reserves the right to report, request removal, remove, or delete any content, communications, posts, reviews, or other interactions concerning LeansAI, both on the Platform and Third-Party Platforms, that contain false, misleading, derogatory, defamatory, inflammatory, libelous, slanderous, or inaccurate representation of the facts regarding your relationship the Platform, user experience, customer support, and any other interactions relating to LeansAI, as determined by LeansAI. In this case, you agree to not recreate, repost, or republish the original content or similar content on the original platform or any other platform, and such infractions may result in the termination of your subscription without a refund for any fees paid, as determined by the sole discretion of LeansAI. LeansAI reserves the right to remove all content from any users with a suspended account, as account suspension is a result of violating the TOS. In events concerning libel, slander, or tortious interference, LeansAI reserves the right to remedy such actions to the fullest extent of the law.
L. LeansAI reserves the right to terminate any accounts suspected of being created by the same user, accounts that might abuse the free trial mechanism, or accounts created by members of the same household. Such accounts and subscription content access will be terminated immediately regardless of remaining days paid on the subscription, and users will not receive a refund for any fees paid.
M. Free Trials. Notwithstanding anything to the contrary contained in these TOS, your access to the Platform shall terminate immediately upon termination or cancellation of your free trial to use the Platform for any reason.
N. No Chargebacks. You will not issue or threaten to issue any chargebacks to LeansAI or to your credit card and/or form of payment for any reason other than good faith chargebacks arising from fraudulent use of your credit card or form of payment by a third party. In the event of chargeback prohibited by the foregoing, LeansAI reserves the right to pursue you for recovery of Fees subject to the chargeback, as well as reasonable attorney and collection fees.
10. RESTRICTIONS ON USE
You will not (a) make the Subscription Content available to or use the Subscription Content for the benefit of any person or entity other than yourself, (b) sell, resell, license, sublicense, distribute, rent, or lease the Subscription Content, or include the Subscription Content in a service bureau or outsourcing offering, (c) interfere with or disrupt the integrity or performance of the Platform or any third-party data contained therein, (d) attempt to gain unauthorized access to the Platform or any related systems or networks, (e) frame or mirror any part of the Platform or Subscription Content, (f) access, record or copy the Platform or Subscription Content in order to build a competitive product or service, (g) reverse engineer, disassemble or decompile the Platform or the Subscription Content, (h) modify the Platform or Subscription Content, or (i) use the Platform or the Subscription Content in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
11. PRIVACY POLICY
To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with this Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
12. MODIFICATIONS TO PLATFORM, INCLUDING THE SERVICES AND SUBSCRIPTIONS
LeansAI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform, content, including Subscription Content, services, or subscriptions or these TOS with or without notice.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, owners, principals, members, managers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all actions, suits, claims, subpoenas, demands, debts, liabilities, obligations, judgments, awards, losses, damages, costs, expenses, penalties, injuries or fees (including reasonable attorneys’ fees and costs) arising out of or relating to your violation of these TOS or your use of the Platform, including, but not limited to, any use of the Platform and our content, services, and products other than as expressly authorized in these TOS, or your use of any information obtained from the Platform.
14. GOVERNING LAW
All matters relating to the Platform and these TOS, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without regard to conflict of laws principles.
15. GEOGRAPHIC RESTRICTIONS
LeansAI is based in the State of Colorado in the United States. We provide this Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
16. DISPUTE RESOLUTION
A Any legal suit, action, or proceeding arising out of, or related to, these TOS or the Platform shall be instituted exclusively, depending on the diversity of the parties and amoun in controversy, in either the U.S. District Court, District of Colorado or State of Colorado, Second Judicial District, City and County of Denver. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
B. At Company’s sole discretion, it may require You to submit any disputes arising from these TOS or use of the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Colorado law.
C. If permitted by applicable law, YOU waive the right to litigate in court or an arbitration proceeding any dispute as a class action, either as a member of a class or as a representative, or to act as a private attorney general. This provision may be enforced under the Federal Arbitration Act or other applicable law and LeansAI may take any and all actions necessary to dismiss a class or collective actions or claims thereunder.
D. Notwithstanding the foregoing, in the event that monetary damages are not a sufficient remedy for any threatened or actual breach of these TOS, in addition to monetary damages, LeansAI shall be entitled to seek other remedies at law, injunctive or other equitable relief and/or specific performance to remedy or prevent any threatened or actual breach of these TOS in any court of competent jurisdiction without the requirement of a bond.
17. BINDING AGREEMENT
These TOS shall be binding upon and inure to the benefit the Parties and their respective authorized heirs, personal representatives and successors-in-interest. Subject to the foregoing sentence, these TOS are for the exclusive benefit of you and LeansAI, and there shall be no third party beneficiary to any of the provisions of these TOS. Neither party may assign or transfer their rights or obligations under these TOS without the written consent of the other party, provided that LeansAI may assign or transfer such rights or obligations to any affiliated entity controlled or under common control with LeansAI or to a successor to all or substantially all of its assets, whether by sale, merger, operation of law or otherwise without your consent.
18. INTELLECTUAL PROPERTY RIGHTS
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by LeansAI, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These TOS permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You shall not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of these TOS, your right to use the Platform will terminate immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these TOS is a breach of these TOS and may violate copyright, trademark, and other laws.
19. TRADEMARKS
The Company name, the terms “LeansAI,” “Remi,” and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company, which may be withheld in Company’s sole discretion. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.
20. CONTENT
Some of the articles, blog posts, and content on the Platform are generated by our third party service providers (“Third Party Sources”), which may employ AI technology (collectively, “Third Party Content”). Such Third-Party Content does not necessarily reflect the views or opinions of LeansAI. The usage of Third-Party Content is intended in part to improve search engine optimization and website analytics and does not constitute a recommendation to make decisions or actions based on any information contained in the Third Party Content. LeansAI reserves the right NOT to label Third-Party Content apart from LeansAI content as LeansAI has obtained exclusive rights for publishing from the Third Party Sources. We do not represent any information provided on the Platform to be “accurate”, and cannot verify or warrant that any content on the Platform, including Third-Party Content, is free of factual, clerical, or other errors. All content is for informational purposes only, and as such, LeansAI accepts no liability for Third-Party Content or other content on the Platform in any form.
21. GENERAL PROVISIONS
These TOS, together with the Privacy Policy, constitute the entire agreement, between you and LeansAI relating to your access to or use of the Platform, govern your use of the Platform and supersede any prior agreements, whether oral or written, between you and LeansAI. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of LeansAI to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is unenforceable under any applicable law or is held invalid, such holding shall not affect any other provision hereof, and the defective provision shall, if applicable law permits, be modified and interpreted in a manner that it is enforceable. Otherwise, the offending term or provision shall be omitted and not affect any other term or provision of these TOS or invalidate or render unenforceable such term or provision in any other jurisdiction.
For subscribers, LeansAI cannot guarantee email notifications of new Leans will be delivered to each subscribers inbox without exception for every new lean, nor can LeansAI ensure these emails will not arrive in a spam, promotions, junk or other folders. Additionally, LeansAI may update Information in the “Todays Leans” page after email notifications have been sent without sending additional email notifications of the new updated information, including but not limited to percentages, line movement, units, or other model updates from last minute injury decisions or other factors. As such, it is recommended subscribers check the “Today’s Leans” page for the most up to date information, as information sent via email notifications may be outdated.
“MLB”, “NBA”, “NFL”, “NHL”, and “NCAA”, as well as associated trademarks, team names and logos, are trademarks of their respective owners. Such respective trademark owners have no affiliation or relationship with LeansAI and have not endorsed the Platform nor any of its contents.
Some of the names and images of customers have been changed to protect their identity.
LeansAI™ is a trademark of Leans AI LLC, a Colorado limited liability company. “Leans AI” is a registered trade name of Leans AI LLC, a Colorado limited liability company.