Terms of Service

1Agreement

These Terms of Service ("Terms") form a binding legal agreement between Leaf Farm LLC, an Illinois limited liability company ("Leaf Farm", "we", "us", "our"), and you, the person or organization that downloads, installs, accesses or uses the leaf application or any related service or documentation we supply ("you", "your").

By downloading, installing, accessing or using the App, or by clicking to accept these Terms, you agree to be bound by them. If you do not agree, do not install or use the App, and delete any copy you hold. These Terms also serve as the end user licence agreement for the App. Our Privacy Policy is incorporated into these Terms by reference.

The App is business software supplied for commercial use in the operation of an automotive repair or service business. It is not offered to consumers for personal, family or household purposes, and it is not intended for such use.

2Definitions

• "App" means the leaf application for iPhone, iPad and Mac, in object code form, including all updates, upgrades, modifications and documentation we provide.
• "Your Data" means all content, records and information you or your Authorized Users create, enter, import, capture or store using the App, including customer, vehicle, repair order, inspection, invoice, inventory, employee and reporting records.
• "Authorized User" means an individual you permit to use the App on your behalf, including your employees, owners, managers and contractors.
• "Shop" means the automotive repair or service business that operates the App.
• "Franchisor" means a brand owner or franchisor that operates a franchise network in which a Shop participates.
• "Apple" means Apple Inc. and its subsidiaries.
• "Reference Data" means vehicle specification values, service interval guidance, tax rate suggestions, and any other informational data supplied in or through the App.

3Eligibility and authority

You must be at least 18 years old and legally capable of entering into a binding contract to use the App. If you use the App on behalf of a business or other legal entity, you represent and warrant that you have full authority to bind that entity to these Terms, and "you" refers to both you and that entity, which is jointly responsible for compliance.

You further represent that you are not located in, organized under the laws of, or ordinarily resident in a country or territory subject to comprehensive United States economic sanctions, and that you are not a person with whom United States persons are prohibited from dealing.

4Licence grant

Subject to your continuous compliance with these Terms and payment of any applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use one copy of the App on each Apple-branded device that you own or control, solely for the internal business purposes of your Shop, and as permitted by the Usage Rules of the Apple Media Services Terms and Conditions.

The App is licensed to you, not sold. All rights not expressly granted in these Terms are reserved by Leaf Farm. No licence is granted by implication, estoppel or otherwise.

5Restrictions

You will not, and will not permit any Authorized User or third party to:

• copy, reproduce, distribute, publish, lease, lend, rent, sell, resell, sublicense, assign, transfer or otherwise make the App available to any third party, except as expressly permitted here;
• reverse engineer, decompile, disassemble, decrypt or otherwise attempt to derive the source code, algorithms or underlying structure of the App, except to the limited extent that this restriction is prohibited by applicable law;
• modify, adapt, translate or create derivative works of the App, or remove, obscure or alter any proprietary notice, mark or attribution;
• circumvent, disable or interfere with any security, licensing, authentication, permission or access control feature of the App, or use the App after your licence has terminated;
• use the App to develop a competing product or service, or for competitive analysis, benchmarking or public performance testing, without our prior written consent;
• use any robot, scraper, or automated means to access, extract or index the App, its Reference Data, or the specification database;
• use the App on a device you do not own or control, on a modified or jailbroken operating system, or in a manner that violates Apple's terms;
• use the App in any way that is unlawful, fraudulent, deceptive, or that infringes or misappropriates the rights of any person; or
• introduce any virus, malicious code or harmful component into the App or use the App to do so to any other system.

6Apple terms

The following applies where you obtained the App from the Apple App Store, and applies in addition to the rest of these Terms.

• Not with Apple. These Terms are concluded between you and Leaf Farm only, and not with Apple. Apple is not a party to these Terms and is not responsible for the App or its content.
• Scope of licence. The licence granted to you for the App is limited to a non-transferable licence to use the App on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Maintenance and support. Leaf Farm is solely responsible for providing any maintenance and support services for the App. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
• Warranty. To the maximum extent permitted by applicable law, Apple has no warranty obligation whatsoever with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are solely the responsibility of Leaf Farm.
• Product claims. Leaf Farm, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation, including in connection with the App's use of frameworks such as HealthKit or HomeKit where applicable.
• Intellectual property claims. In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Leaf Farm, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim.
• Legal compliance. You represent and warrant that you are not located in a country subject to a United States Government embargo or designated as a terrorist supporting country, and that you are not listed on any United States Government list of prohibited or restricted parties.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of this section and of these Terms, and upon your acceptance of these Terms Apple will have the right, and is deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary.
• Third-party terms. You must comply with applicable third-party terms of agreement when using the App, including the terms of your wireless data plan.

7Fees and billing

The App may be offered for a one-time purchase price, as an auto-renewing subscription, or both, at prices published in the App Store at the time of purchase. All purchases and subscriptions are processed by Apple and are governed by the Apple Media Services Terms and Conditions in addition to these Terms.

Where the App is sold on subscription, the subscription renews automatically at the end of each period at the then-current price unless it is cancelled at least 24 hours before the period ends. You manage and cancel subscriptions in your own Apple Account settings, not through us. We cannot cancel, refund or modify an Apple transaction on your behalf.

Refunds are handled by Apple under Apple's policies, and except where required by law all fees are non-refundable. We may change prices prospectively, and any change to a subscription price takes effect only after Apple has given you the notice its rules require and, where required, you have consented. Continuing to use the App after a price change takes effect constitutes acceptance of the new price. You are responsible for all taxes associated with your purchase other than taxes on our net income.

If a payment due to us is not made, or a subscription lapses, we may suspend or terminate your licence as provided in section 20.

8Trials, pre-release and beta versions

We may make trial, pilot, pre-release, beta or evaluation versions of the App available, including through TestFlight. Any such version is provided for evaluation only, may be incomplete or unstable, may contain errors, may be changed or withdrawn at any time, and may alter or lose data. It is provided strictly as is, without any warranty, indemnity, service level or support commitment of any kind, and you use it at your sole risk. Do not rely on a pre-release version as the only record of anything that matters to your business, and keep an independent record of your data while doing so. Feedback you give us on such versions is governed by section 19.

9Credentials and shop administration

The App uses local accounts, roles and permissions that you configure. You are solely responsible for the security of your devices, your Apple Account, your device passcodes, and all employee PINs, passwords and permission assignments, and for all activity that occurs under them.

You will assign each Authorized User only the permissions their role requires, remove access promptly when a person leaves or changes role, keep credentials confidential, and require that your Authorized Users comply with these Terms. You are responsible for their acts and omissions as if they were your own. Notify us promptly at [email protected] if you become aware of unauthorized access to or misuse of the App, although you acknowledge that because your data resides in your own account, remediation is largely within your control and not ours.

10Your Data and ownership

You own Your Data. We do not. As between you and Leaf Farm, you retain all right, title and interest in and to Your Data, including all intellectual property rights in it. Nothing in these Terms transfers any ownership of Your Data to us, and we assert no licence to use, reproduce, analyse, disclose, sell or commercialize it.

Your Data is stored on your devices and, where you enable synchronization, in the private database of your own Apple account through Apple's iCloud and CloudKit services. Leaf Farm operates no server that receives or stores Your Data, holds no copy of it, and has no technical ability to access, read, restore, produce or delete it. You acknowledge and accept the consequences of that architecture, which are that we cannot recover Your Data for you, cannot respond to a subpoena or discovery request with it, and cannot assist with a restoration if it is lost.

As between you and any individual whose information you hold, you are the controller and the responsible party for Your Data. You represent and warrant that you have all rights, consents and lawful bases necessary to collect, store and use Your Data in the App, including any personal information of your customers and employees, and that doing so does not violate any law or any obligation you owe to any person.

11Storage, backup, export and loss of data

Maintaining backups of Your Data is your responsibility, not ours. You are solely responsible for keeping independent copies and records sufficient to reconstruct your business records, and for satisfying your own document retention obligations. We strongly recommend that you maintain a current backup of your device and Apple account data at all times, and that you retain records required by law or by your insurer independently of the App.

Software, devices, operating systems and cloud services can fail. Data can be lost or corrupted through device loss, theft, damage, storage exhaustion, account closure, credential loss, operating system changes, synchronization conflicts, user error, or defects. Certain changes to the App's data structures may require that existing local data be exported and a new store created rather than upgraded in place. Where that is the case, the App is designed to preserve the previous data on the device rather than destroy it, and to start a new store instead of failing, but no such behaviour is guaranteed.

To the maximum extent permitted by law, Leaf Farm has no liability of any kind for the loss, corruption, unavailability or unrecoverability of Your Data, however caused, including where caused by a defect in the App, and you waive any claim against us arising from it.

12Acceptable use

You will not use the App:

• for any unlawful, fraudulent, misleading, discriminatory or deceptive purpose, or to create or issue any false invoice, false inspection record, false authorization, false time record or false payroll record;
• to record or represent work as performed, inspected or authorized when it was not;
• to send unlawful, unsolicited or misleading communications to any person, or in violation of the CAN-SPAM Act, the Telephone Consumer Protection Act, or any other law governing marketing, calls, texts or email, including any applicable requirement to honour opt-out requests;
• to collect, store or process personal information without the rights, notices, consents or lawful bases required of you;
• to store payment card data, full card numbers, or authentication data in any field of the App, or in any way that would place Leaf Farm within the scope of your obligations under the PCI Data Security Standard;
• in a manner that interferes with, degrades or attempts to gain unauthorized access to any system, network or account, including the account of another shop or another brand; or
• in any way that violates these Terms, Apple's terms, or the rights of any third party.

You are responsible for all use of the App under your devices and accounts, including use by your Authorized Users, whether or not you authorized it.

13Franchise networks

Where the App is used within a franchise or brand network, the relationship between a Franchisor and a Shop is governed entirely by the franchise agreement and other arrangements between them. Leaf Farm is not a party to that relationship, is not a franchisor, franchise broker, franchise seller or agent of any Franchisor, and gives no advice, representation or warranty about any franchise offering.

A Franchisor collects, calculates and administers franchise fees, royalties, network reporting and brand requirements on its own account and for its own purposes. Leaf Farm does not calculate, invoice, collect, process, remit, hold or guarantee any franchise fee or royalty, receives no share of any such fee, and has no responsibility for the accuracy of any figure a Franchisor derives from data published through the App. A dispute between a Shop and a Franchisor about fees, reporting, performance, territory, termination, transfer of ownership or anything else is solely between them, and Leaf Farm is not a party to it and has no liability arising from it.

Where you enable brand network features, you direct and authorize the publication of the relevant business figures to the Franchisor, you represent that you are entitled to do so, and you accept responsibility for that disclosure. A Franchisor accessing data of a Shop is separately responsible for its own compliance with law regarding that data. Each of you agrees that Leaf Farm bears no responsibility for either party's use, retention or disclosure of data shared between you.

14Third-party services

The App relies on services operated by others, including Apple's App Store, iCloud and CloudKit, your own email client and printers, and, for brand network features, a third-party repository host chosen by the brand. Those services are provided under their own terms by their own providers, they are not under our control, and their availability, performance, pricing, security and continuity are not ours to guarantee.

We are not responsible or liable for any third-party service, for any change to or discontinuation of one, for any act or omission of its provider, or for any loss, delay, corruption, outage or breach originating with it. Where a third-party service is required for a feature to function, that feature may be unavailable when the service is. Any link or reference we provide to a third-party resource is for convenience and is not an endorsement.

15Payments, tenders and card handling

The App records the tenders your Shop accepts, including cash, check, card, Tap to Pay on iPhone, fleet receivables and any custom tender you configure. Leaf Farm is not a payment processor, money transmitter, payment facilitator, acquirer or agent for the receipt of funds. We do not authorize, capture, settle, hold, route or refund any payment, and we never receive, store or transmit cardholder data.

Card acceptance, including through Tap to Pay on iPhone, is provided by Apple and by your own payment service provider or acquirer under your agreement with them. All obligations relating to those payments, including authorization, settlement, funding timing, chargebacks, disputes, reversals, fees, refunds and PCI DSS compliance, are between you, your provider and the card networks. Any figure the App displays is a record of what you entered or what your provider reported, and your provider's settlement records govern in the event of a discrepancy.

You are solely responsible for reconciling your day close, drawer, deposits and settlement, and for any shortage, overage, error, misapplied payment, fraud loss or chargeback. Leaf Farm has no liability for any of it.

16No advice, and your duty to verify

Reference Data in the App is informational only. Vehicle specification values, including torque figures, fluid types and capacities, procedures, service intervals and recommendations, are provided for convenience. They are compiled from sources including submissions by other shops, they may be incomplete, outdated, mistaken or inapplicable to a particular vehicle, and they are not a substitute for the manufacturer's own service information.

You must independently verify every specification against the vehicle manufacturer's current official service information before performing any work. Repair and inspection decisions are yours alone, made by qualified personnel exercising their own professional judgement. Leaf Farm does not diagnose, inspect, repair, certify or approve any vehicle, and disclaims all responsibility for any work performed, omitted or recommended, and for any resulting damage, failure, injury or death.

Nothing in the App or on this website constitutes legal, tax, accounting, payroll, employment, insurance, environmental, safety or other professional advice. Tax rate suggestions, payroll and commission calculations, service interval logic, marketing suggestions and financial reports are conveniences to be reviewed and confirmed by you and by your own qualified advisers. Leaf Farm is not your accountant, lawyer, payroll agent or tax adviser.

The App is not a system of record for any regulatory purpose unless you determine, on your own advice, that it satisfies the requirement in question.

17Your compliance obligations

You are solely responsible for your own compliance with every law and requirement applicable to your business, and you acknowledge that the App is a tool and not a compliance guarantee. This includes without limitation:

• automotive repair licensing, registration, bonding, estimate and written authorization requirements, disclosure and posting rules, warranty obligations, and repair record retention rules in every jurisdiction in which you operate;
• sales, use, excise, environmental, shop supply and labour tax determination, collection, reporting and remittance, and the correctness of every rate and exemption you apply;
• wage and hour law, overtime, meal and rest rules, timekeeping and recordkeeping, classification, commission agreements, payroll tax withholding and reporting, and all employment and anti-discrimination law;
• privacy, data protection, data breach notification, and the handling of employee and customer personal information, including any Social Security number you choose to store;
• consumer protection, advertising, pricing, marketing consent and opt-out law; and
• your own insurance, licensing and contractual obligations.

You will indemnify us for claims arising from your failure to meet these obligations, as set out in section 23.

18Availability, changes and support

We may add, change, suspend, limit, restrict or discontinue any feature or the whole of the App at any time, with or without notice. We may issue updates, and some updates may be required for the App to continue functioning. We do not commit to backward compatibility, to maintaining any particular feature, or to supporting any operating system version, device or configuration indefinitely.

Support is provided on a commercially reasonable efforts basis by email at [email protected]. We offer no service level agreement, no uptime commitment, no guaranteed response time and no guarantee that any defect will be corrected. Any support we provide is subject to these Terms, including the disclaimers and liability limits below.

19Intellectual property and feedback

The App, the leaf and Leaf Farm names and logos, the specification database we compile, the designs, interfaces, text, graphics, structure, sequence, organization, and all software and documentation are and remain the exclusive property of Leaf Farm and its licensors, and are protected by United States and international copyright, trademark, trade secret and other laws. You acquire no ownership interest in any of it.

If you send us feedback, suggestions, ideas, feature requests, bug reports, corrections or submissions of specification data, you grant Leaf Farm a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable and transferable licence to use, reproduce, modify, publish, distribute and otherwise exploit them for any purpose, including incorporating them into the App and the specification database, without any obligation of attribution, confidentiality, compensation or accounting to you. You represent that you have the right to provide anything you submit, and that it contains no confidential information of any third party and no personal information of any individual. Feedback is not confidential, and we may develop features similar to your suggestion whether or not we received it from you.

20Term and termination

These Terms take effect when you first install or use the App and continue until terminated. You may terminate at any time by ceasing all use of the App and deleting it from your devices, and by cancelling any subscription through Apple.

We may suspend or terminate your licence and your access immediately, with or without notice, if you breach these Terms, if your subscription lapses or a payment fails, if we reasonably believe your use is unlawful or creates risk or liability for us or for others, if required by law or by Apple, or if we cease to offer the App.

On termination, your licence ends at once and you must stop using and delete the App. Your Data remains in your own account and on your own devices, where it always was, and it is yours to keep, export or delete. We are not obliged to provide it to you, because we do not have it. No refund is due on termination except as required by law or Apple's policies. Sections 5, 10, 11, 16, 17, 19, 21, 22, 23, 24, 25, 26 and 30 survive termination, along with any other provision that by its nature should survive.

21Disclaimer of warranties

The App, any Reference Data, and any support or related service are provided "as is" and "as available", with all faults and without warranty of any kind. To the maximum extent permitted by applicable law, Leaf Farm and its members, managers, officers, employees, agents, suppliers and licensors expressly disclaim all warranties, conditions and representations, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, workmanlike effort, system integration, title and non-infringement, and any warranty arising out of any course of dealing, usage or trade practice.

Without limiting the foregoing, Leaf Farm does not warrant that the App will meet your requirements, that it will operate uninterrupted, error-free, secure or free of harmful components, that any defect will be corrected, that results obtained from it will be accurate or reliable, that any Reference Data or calculation is accurate, current, complete or applicable to a particular vehicle or jurisdiction, or that Your Data will not be lost or corrupted. No oral or written information or advice given by Leaf Farm or any representative creates a warranty. You assume the entire risk as to the results, performance, use and suitability of the App.

Some jurisdictions do not allow the exclusion of certain warranties or of implied conditions, so some of the above exclusions may not apply to you. In that case, such warranties are limited to the minimum scope and shortest duration permitted by law, and the remaining provisions continue in full force.

22Limitation of liability

To the maximum extent permitted by applicable law, in no event will Leaf Farm or its members, managers, officers, employees, agents, suppliers or licensors be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profit, revenue, business, goodwill, opportunity, anticipated savings, use, or for any loss, corruption or unavailability of data, or for business interruption, work stoppage, computer failure, cost of substitute goods or services, or personal injury, property damage or death, however caused and on any theory of liability, whether in contract, tort, negligence, strict liability, warranty or otherwise, arising out of or relating to these Terms, the App, any Reference Data, or your use of or inability to use any of them, even if Leaf Farm has been advised of the possibility of such damages, and regardless of whether any limited remedy fails of its essential purpose.

To the maximum extent permitted by applicable law, the total aggregate liability of Leaf Farm and the parties listed above for all claims arising out of or relating to these Terms or the App, whether in contract, tort or otherwise, will not exceed the greater of the total amount you actually paid to Leaf Farm or to Apple for the App in the twelve months immediately preceding the event first giving rise to the claim, or one hundred United States dollars (US$100). Multiple claims do not enlarge this limit.

These limitations apply to the fullest extent permitted by law and are a fundamental element of the bargain between us. The App is priced on the basis of these allocations of risk, and we would not supply it on any other terms. Some jurisdictions do not allow the exclusion or limitation of liability for certain damages, including damages resulting from gross negligence, wilful misconduct, fraud, or personal injury caused by negligence, and nothing in these Terms excludes liability that cannot lawfully be excluded. Where the law permits only a limitation, our liability is limited to the minimum amount the law allows.

23Indemnification

You will defend, indemnify and hold harmless Leaf Farm and its members, managers, officers, employees, agents, suppliers and licensors from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, awards, fines, penalties, settlements, losses, costs and expenses, including reasonable attorneys' fees and court costs, arising out of or relating to:

• your use of, or any Authorized User's use of, the App;
• Your Data, including its collection, accuracy, content, storage, disclosure, retention, loss or deletion, and any claim by a customer, employee, contractor or other individual about it;
• any repair, service, inspection, diagnosis, recommendation, estimate, authorization or work performed or omitted by you or on your behalf, including any claim of property damage, personal injury or death;
• any invoice, charge, refund, warranty claim, chargeback, payment dispute or consumer complaint involving your Shop;
• your employment practices, wage and hour compliance, timekeeping, commissions and payroll;
• your tax determination, collection, reporting and remittance;
• your communications with customers, including any marketing, email, call or text;
• your relationship with a Franchisor or franchisee, including any dispute about franchise fees, royalties, reporting or transfer of ownership;
• your breach or alleged breach of these Terms, of any representation or warranty you make in them, or of any applicable law; and
• your infringement or misappropriation of the rights of any third party.

We will notify you of any claim for which we seek indemnification, and you will not settle any claim in a way that imposes any obligation, admission or restriction on us without our prior written consent. We reserve the right, at your expense, to participate in or assume the exclusive defence and control of any matter subject to indemnification, and you will cooperate with us in that defence.

24Dispute resolution, arbitration and class waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a dispute heard by a jury or as part of a class.

Informal resolution first

Before starting any arbitration or proceeding, the party with a dispute will send the other a written notice describing the dispute, the relief sought and the facts supporting it, sent to [email protected] if the dispute is with us. The parties will then attempt in good faith to resolve it for sixty (60) days. This step is a condition precedent to commencing arbitration, and any applicable limitation period is tolled while it runs.

Binding individual arbitration

If the dispute is not resolved, any dispute, claim or controversy arising out of or relating to these Terms, the App, our marketing, or the relationship between us, including questions of the formation, interpretation, breach, termination, validity, enforceability or scope of this arbitration agreement, will be resolved exclusively by final and binding individual arbitration, and not in a court of general jurisdiction.

The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect. It will be conducted by a single arbitrator, in the English language, seated in the State of Illinois, United States, or by videoconference or on documents alone if the parties agree. The arbitrator has exclusive authority to resolve all issues, may award only the relief available in an individual action, and will issue a reasoned written award. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section. Each party bears its own attorneys' fees and costs except where a statute or the arbitrator's award provides otherwise, and administrative fees are allocated under the applicable rules.

Class action and jury waiver

You and Leaf Farm each waive any right to a trial by jury and any right to participate in a class action, collective action, mass action, consolidated action, private attorney general action or representative proceeding of any kind. Claims may be brought only in an individual capacity, and the arbitrator may not consolidate or join the claims of more than one person or preside over any form of representative or class proceeding. If this class waiver is held unenforceable as to a particular claim or a particular form of relief, then that claim or that request for relief alone will proceed in court under section 25, and the remainder of this arbitration agreement will continue to apply to all other claims.

Exceptions

Either party may bring an individual claim in a small claims court of competent jurisdiction instead of arbitration, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of its intellectual property rights or the unauthorized disclosure of its confidential information, without first satisfying the steps above. Nothing here prevents either party from reporting a matter to a government agency.

25Governing law and venue

These Terms and any dispute arising out of or relating to them or to the App are governed by the laws of the State of Illinois, United States, and by applicable United States federal law, without regard to any conflict of laws rule that would apply the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.

For any dispute not subject to arbitration under section 24, or to enforce an arbitration award, the parties submit to the exclusive jurisdiction of the state and federal courts located in the State of Illinois, waive any objection to venue or to the convenience of that forum, and waive trial by jury to the fullest extent permitted by law.

26Time limit for claims

To the maximum extent permitted by applicable law, any claim arising out of or relating to these Terms or the App must be commenced within one (1) year after the claim arises. A claim not brought within that period is permanently barred and waived.

27Force majeure

Neither party is liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, fire, flood, severe weather, earthquake, epidemic or pandemic, war, terrorism, civil unrest, labour dispute, act of government, embargo, sanctions, failure or interruption of the internet, telecommunications, electrical power or a third-party service or platform, cyberattack, or the act or omission of a supplier or of Apple. Payment obligations are not excused by this section.

28Export control and government users

The App is subject to United States export control laws and may be subject to import or use restrictions in other countries. You will not export, re-export, transfer or make the App available in violation of those laws, and you represent that you are not subject to any restriction that would prohibit your receipt of it.

The App is a "commercial item" consisting of "commercial computer software" and "commercial computer software documentation" as those terms are used in 48 C.F.R. 2.101. If acquired by or on behalf of any United States government entity, it is licensed with only those rights provided to all other end users under these Terms, in accordance with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202. No other rights are granted.

29Changes to these Terms

We may modify these Terms at any time. The current version will always be posted at leaffarm.org/terms.html with a revised effective date. Where a change is material we will make reasonable efforts to notify you, such as through the App or on this website, before it takes effect.

Your continued use of the App after a revision takes effect constitutes your acceptance of the revised Terms. If you do not accept them, you must stop using the App and cancel any subscription. Changes do not apply retroactively to a dispute of which we already had written notice before the change was posted.

30General

Entire agreement

These Terms, together with the Privacy Policy and any additional terms we present for a specific feature, constitute the entire agreement between you and Leaf Farm regarding the App, and supersede all prior or contemporaneous proposals, understandings, representations and agreements, whether oral or written. You have not relied on any statement or representation not set out in these Terms, and to the extent permitted by law you waive any claim based on one, other than for fraud.

Order of precedence

If there is a conflict between these Terms and the Apple Media Services Terms and Conditions with respect to the App obtained from the App Store, the Apple terms control to the extent of the conflict and only to that extent. Section 6 controls over any inconsistent provision of these Terms.

No third-party beneficiaries

These Terms create no third-party beneficiary rights, except that Apple and its subsidiaries are third-party beneficiaries as set out in section 6, and except that the persons and entities named in sections 21, 22 and 23 may rely on those provisions.

Assignment

You may not assign or transfer these Terms or any right or obligation under them, by operation of law or otherwise, without our prior written consent, and any attempt to do so is void. We may assign or transfer these Terms without restriction, including in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets. These Terms bind and benefit the parties' permitted successors and assigns.

Severability and waiver

If any provision of these Terms is held invalid, illegal or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if it cannot be, severed, and the remaining provisions continue in full force and effect. No failure or delay in exercising any right operates as a waiver of it, and no waiver is effective unless made in writing and signed by the waiving party.

Relationship, notices and interpretation

Nothing in these Terms creates any partnership, joint venture, agency, fiduciary, franchise or employment relationship between us. We may give you notice through the App, by email to an address you have provided, or by posting on this website; you give us notice by email to [email protected]. Section headings are for convenience only and do not affect interpretation. "Including" means "including without limitation". These Terms will not be construed against the drafting party. These Terms are drawn up in English, and any translation is for convenience only, with the English version controlling. An electronic acceptance, record or signature has the same effect as a written one.

31Contact

Questions about these Terms, or notices under them, go to:

Leaf Farm LLC
An Illinois limited liability company
[email protected]