Last Modified: March 10, 2020
Leverness, Inc. is a corporation formed pursuant to the Canada Business Corporations Act (R.S.C., 1985, c. C-44). In consideration for permitting your access to our website and online platform and other good and valuable consideration, you agree as follows:
These terms and conditions (the "Terms") form a legally binding agreement which govern your access to and use of Leverness, Inc.'s, ("Leverness", "we", "us" or "our") website and online platform hosted at https://leverness.com (the "Leverness Platform").
These Terms have provisions which limit our liability. You must review these Terms carefully before using the Leverness Platform. By using Leverness Platform, you, the user ("you" or "your"), represent and warrant that (i) you are at least 18 years old; and (ii) you have read and understand these Terms and agree to be bound by them.
If you are using the Leverness Platform on behalf of, or in the employ of, an organization (corporation, trust, partnership, etc.), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms. In such a case, "you" and "your" will also refer to that organization and yourself individually. For greater clarity, both you as an individual and your organization are legally bound by these Terms which form an agreement between you and Leverness, Inc.
As the Leverness Platform continues to evolve, we may, at any time, revise these Terms and our policies by updating this page or the page hosting the relevant policy. The date of the last version of these Terms is posted above. As you are bound by these Terms each time you use the Leverness Platform, you are responsible for periodically reviewing the amendments to these Terms and you are deemed to have accepted and agreed to such amendments by accessing and using the Leverness Platform after such amendments have been posted. If you do not agree with the amendments, you shall immediately stop accessing the Leverness Platform and terminate your account, subject to the terms provided for herein. We may also undertake to send you an email or display notice of any changes to the Terms or policies in your account.
If you use the Leverness Platform to carry on your own business or to provide your own services, you agree that it is your responsibility to ensure you comply with applicable privacy laws on the collection, storage and use of personal information you collect on, or as a result of your use of the Leverness Platform.
The Leverness Platform connects artificial intelligence and machine learning experts ("Experts") with users looking for artificial intelligence and machine learning consulting services ("Requesters"). The Leverness Platform can be used by Requesters to publish open requests for services which Experts can respond to. Requesters can also send private and direct messages to Experts to inquire about their services in relation to a specific project.
While we do not actively monitor public requests posted by Requesters, we reserve the right to remove any public requests if we reasonably believe they are not suitable for the Leverness Platform or otherwise do not conform with our listing requirements, as updated and amended from time-to-time.
As the Leverness Platform merely connect Experts and Requesters, your relationship with us is that of an independent contracting party. You are not an employee of ours and regardless of whether you are acting individually or if you are operating your own business in using the Leverness Platform, you are not an agent, joint venturer or partner of ours and you hereby waive the application of the Partnerships Act, RSO 1990, c P.5 in Ontario, Canada (where we are based) and any successor or similar legislation in any other jurisdiction. You agree that to the fullest extent permitted by law, no partnership relationship shall exist or be deemed to exist between you and us.
Upon us granting you an account, we grant you a non-transferable, non-exclusive license to access the Leverness Platform in accordance with these Terms. However, we reserve the right to revoke that license and your access to the Leverness Platform without justification or cause, at any time. We make no representations or warranties as to the ongoing availability of the Leverness Platform, or your access to it.
Whether you establish an Expert or Requester account, certain account profile information will be listed publicly on the Leverness Platform for other users to either view your requests or your expertise. You agree to only post information on the Leverness Platform that is true and not misleading.
Access to your account is not transferrable and is only intended for you, the individual who established the account. As a result, you are not permitted to change the name associated with your account, unless we agree to do so as a result of a legal change to your name.
Upon setting up an account, you will be required to create a username and password. You are responsible for safeguarding the password you use to access the Leverness Platform and you agree not to disclose your password to any third-party.
You agree to use a unique password for your account which you do not use for any other online service. As we may send password reset notices and links to your email account registered on the Leverness Platform (i) you are responsible for ensuring that your email address and phone number (if provided) provided to us are accurate; and (ii) you represent and warrant to us, and agree that you will ensure, you are the sole person, at all times, with access to the email account registered in connection with your account.
You agree you are responsible for any activity on your account and all correspondence provided to us from any email address, whether or not you authorized that activity or correspondence. You agree that we are, in respect of any instructions or actions taken by a person using your account, entitled to assume that the person is you; the person whose name and personal information is registered and associated with the account.
You must immediately notify us of any unauthorized use of your account.
You must inform us of any changes to your contact details and other information provided to us, including, but not limited to, your email address and telephone number.
While we and our third party software and technology providers take certain security measures in relation to the Leverness Platform, you acknowledge that the technical processing and transmission of the Leverness Platform and related data and information, including your own account data and information, is at risk of being hacked or stolen by third parties and will involve transmissions over various networks and devices, including networks and devices not owned or controlled by us. We rely on a number of third parties to make the Leverness Platform available, including data and web hosting providers. You accept all such risks in using the Leverness Platform and you agree and acknowledge that in using online platforms, there is always a risk of unauthorized access to and use of your information, including your personal information.
All users, once you establish an account, will have access to view user profiles and message one another. Requesters can create public requests available for Experts to see and apply to. However, Requesters can also submit private requests directly to a chosen Expert. If you are a Requester, each public and private request must:
A request and the terms of the agreement being formed between Requester and Expert may be further defined in the correspondence between each party. When both a Requester and an Expert agree to proceed with a request, you agree, whether you are acting as a Requester or an Expert, that you are entering an agreement directly with the other user. By default, the terms of the agreement include:
Notwithstanding the above general terms of the agreement formed between Requester and Expert, you are encouraged to seek your own legal advice and enter your own form of agreement directly with other users. To the extent the provisions of your own agreement conflicts with the above terms, your own agreement shall take precedent.
In using the Leverness Platform, you agree, and you represent and warrant to us and all other users of the Platform, that you:
We may, but have no obligation to, remove users from the Leverness Platform that we determine, in our sole discretion, to have, or which may reasonably appear to have, violated these Terms.
Our fees for using the Leverness Platform are displayed online at https://leverness.com/pricing, with those fees being incorporated by reference herein. By agreeing to these Terms, you agree to pay all fees associated with or arising from your account. Our fees are subject to change, however, we agree to provide you with a minimum of 30 days’ notice of any such changes via email. You may elect to cancel your account after such changes have been communicated to you in accordance with the termination provisions of this agreement.
Additional terms, including terms related to sales tax, refunds and payment process may be specified on our website and/or the Leverness Platform. Those terms, as amended from time to time, are incorporated by reference and form part of this agreement.
You agree to pay any and all sales taxes, whether Canadian or foreign, applicable to this agreement or arising in any way from your account and access to and use of the Leverness Platform.
You agree and acknowledge that if you are offering products or providing services via the Leverness Platform, you may be required to collect and remit sales, income and other taxes to applicable government authorities in connection with the provisions of your services. You agree that we are not responsible for, and shall not be liable in connection with, your failure to collect and remit any and all such taxes. To the extent you earn any income as a result of using the Leverness Platform, you agree that it shall be your sole responsibility for declaring and paying all taxes associated therewith, including but not limited to sales and income tax, in all applicable jurisdictions.
You agree to indemnify us against any claims from a government or taxing authority arising from or related to your failure to deduct and remit applicable sales and income taxes.
You agree that upon request and subject to applicable laws, we may share records of your income earned on or via the Leverness Platform with governmental authorities, including tax authorities.
You agree that while we collect payment from users via Stripe, we may deduct our fees from any balance owing to you.
Although we may facilitate the payment process on the Leverness Platform, we do not guarantee payments. As an Expert, you accept all risks of non-payment for your services and shall be solely responsible for collecting such payments from the Requester. You agree and acknowledge that there is a risk of (i) a Requester’s credit card being declined; and (ii) a risk of credit card chargebacks and credit card fraud, which may result in the reversal of payments made or owing to you. You agree to reimburse us for any amounts paid to you and which, following a chargeback, are subsequently reversed and charged to us by a payment processor. You further agree that we may setoff amounts owing by you to us against future payments from a Requester or any other third party.
For all hourly rate work performed by an Expert, he or she will be required to log their time on the Leverness Platform ("Expert Time Log"). A Requester will be required to approve the Expert Time Log on a weekly basis. Where a Requester fails to approve or commence a dispute of an Expert Time Log, within the time allocated on the Leverness Platform, they shall be deemed to have approved the Expert Time Log and be billed and charged accordingly. As a Requester, once an Expert Time Log is approved, or deemed to have been approved, you will not be able to dispute the payment which will be automatically processed.
A Requester may elect, from within their account, to dispute an Expert Time Log within the time prescribed on the Leverness Platform. Where a Requester disputes an Expert Time Log we, or Stripe, may refuse to charge and/or pay out funds received by Stripe, pending the resolution of such dispute. Equally, the Expert may elect to cease providing services until the resolution of the dispute.
Once a Requester disputes an Expert Time Log payment, both Requester and Expert shall have a period of one (1) week to amicably settle the dispute. Failing such settlement, the Expert and Requester may submit supporting documents to us, evidencing time spent and work product produced along with no more than one page of written submissions with their explanation of why a dispute should be settled in their favour.
We will, within a reasonable time period, given the nature of complexity of the dispute, make a final and binding decision on whether the payment, or a portion thereof, associated with the Expert Time Log in question, shall be billed and paid to the Expert.
If you, as a Requester, agreed to pay a fixed rate amount to an expert, and the payment is made in advance, the fees are non-refundable in the event you elect to terminate the services.
If you, as an Expert, received a fixed rate amount, terminated the services engagement and provided no services, you agree to refund the entire fixed rate amount.
Where either party, as Requester or Expert, elects to terminate the services engagement and either a Proportional Payment or Proportional Refund (as those terms are defined above) becomes due and owing, the amount of which is not agreed upon between both Requester and Expert within one (1) week:
HOWEVER, YOU AGREE THAT ASIDE FROM A DETERMINATION WE MAKE RELATED TO THE PAYMENT OR REFUND OF FEES, WE DO NOT FACILITATE OR ASSIST WITH THE RESOLUTION OF ANY OTHER DISPUTES BETWEEN USERS. IT IS YOUR RESPONSIBILITY TO TAKE YOUR OWN LEGAL ACTION AGAINST ANY OTHER USER YOU HAVE A DISPUTE WITH ARISING FROM YOUR RELATIONSHIP WITH THEM, WHETHER A RESULT OF CONFIDENTIALITY, INTELLECTUAL PROPERTY OR OTHER ISSUES.
Accordingly, following our final and binding decision related to fees, either party may also pursue their own legal rights, based on the agreement formed between the Requester and Expert, in a court of competent jurisdiction. However, you agree that regardless of our binding decision and the payment or non-payment of funds to an Expert, we shall not be a party to any dispute between you and any other user.
Aside from in the scenarios described above, we do not offer refunds unless we have charged you in error. If you believe we charged you in error, you must contact us within thirty (30) days of such charge.
The Leverness Platform merely connects you with other users and facilitates payments between users using a third party payment processor, Stripe. You accept all risks associated with using the Leverness Platform, including those arising from interacting with other users.
We do not guarantee payments or refunds. There is a risk that, to the extent the issuance of a payment or refund relies on a Requester, Expert or other entity to cause or approve the payment or refund, it may not be processed. You accept such risks and that you are relying on other users to cause such payments and refunds.
Our Leverness Platform is provided "as is" without warranty of any kind, including but not limited to, all implied warranties and conditions of merchantability and fitness for a particular purpose. We hereby disclaim all warranties and conditions of any kind, whether express, implied or statutory.
Without limiting any other section of these Terms, you agree that we shall not be responsible for any damages you suffer arising from the acts or omissions, including but not limited to, the negligent and fraudulent acts or omissions, of other users on the Leverness Platform, our independent contractors, payment processors or third-party service providers.
You agree that, while we strive to have the Leverness Platform error free and uninterrupted, we do not guarantee the absence of errors or interruptions. You agree that we shall not be held liable for any damage such errors or interruptions may cause. We make no representations and grant no warranties as to the uptime of the Leverness Platform.
We may also perform scheduled maintenance which will result in the Leverness Platform being unavailable for certain periods of time.
While users are required to comply with these Terms, including the acceptable use terms listed above, we make no representations and grant no warranties that other users, who operate independently on the Leverness Platform, have in fact or will in fact, comply with all such terms.
We make no representations and grant no warranties as to the content uploaded, products or services provided by or offered by other users on Leverness Platform. When you engage with another user of the platform to provide you with products or services, you are engaging with an independent service provider. We have not conducted any background checks or verified the identity of other users. Simply by virtue of another user being listed on our platform does not constitute our endorsement of that user, or that they are trustworthy, or that the products or services they offer are to any particular standard or quality.
While other users of the Leverness Platform provide information to us about themselves, their services and their business, we do not independently verify that information or take measures to confirm the identity of other users in all cases and as such, do not make any representation or warranty that any of the information provided about another user is true or accurate.
You acknowledge and agree that we have no control over and do not guarantee the quality, safety, suitability or legality of any services made available by another user on the Leverness Platform, the truth or accuracy of any user content or any ratings or reviews posted by other users.
You acknowledge and agree that there are potential risks, including but not limited to the risk of physical and emotional harm or distress, personal injury, theft of personal property and even death when you connect or interact with someone you meet through the Leverness Platform, including but not limited to, people you meet or interact with to perform services for you. You assume all risks associated with dealing with other persons whom you meet, or, come in contact with as a result of using the Leverness Platform, whether in person, online or offline, via telephone, text message or any other form of communication.
ASIDE FROM CLAIMS FOR DIRECT AMOUNTS OWING TO YOU AS A RESULT OF AMOUNTS YOU EARN ON THE LEVERNESS PLATFORM AND WHICH WE HAVE BEEN PAID, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BY NEGLIGENCE OR OTHERWISE, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.
IF YOU ARE DISSATISFIED WITH THE LEVERNESS PLATFORM, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE LEVERNESS PLATFORM.
IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF THE LEVERNESS PLATFORM, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN THE LESSER OF (I) $50.00 OR (II) THE AMOUNT OF FEES WE HAVE BEEN PAID IN RELATION TO YOUR USE OF THE LEVERNESS PLATFORM.
YOU AGREE AND ACKNOWLEDGE THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE LEVERNESS PLATFORM WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.
The Leverness Platform contains open source and public domain content, licenced content as well as proprietary content owned by us and by third parties. You are not permitted to copy, use or distribute any content (including but not limited to text, software code, images, trademarks, videos and audio) on, or underlying, the Leverness Platform without the express consent of the owner.
All rights, title and interest in and to the Leverness Platform are and will remain the exclusive property of Leverness, Inc. and our licensors.
The Leverness Platform and all content thereon are protected by copyright, trademark and other laws of Canada, the United States and foreign countries. You agree not to reproduce, modify or prepare derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Leverness Platform or any content thereon, without our express written consent. You also agree not to copy, modify or reverse engineer the software code which underlies the Leverness Platform. You are not permitted to use any trademark or trade name of Leverness, Inc., including our logo, without our express permission.
The Leverness Platform permits you and other users the ability to upload and post content ("User Content"). To the extent you created it, we claim no ownership of your User Content. While it may be displayed publicly on the Leverness Platform, you can delete your User Content at any time. We do not pre-screen User Content uploaded or posted to the Leverness Platform by you or other users. You represent and warrant that you own or have the necessary licenses, rights, consents and/or permissions for your User Content to be used on the Leverness Platform. You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Content that you post or upload in order to facilitate the ordinary use of the Leverness Platform.
We do not consider proposals or ideas, including without limitation ideas for new products, technologies, platform features, product names, product feedback and product improvements you provide us ("Feedback") to be confidential information. If you send any Feedback to us, you acknowledge and agree that we shall not be under any obligation of confidentiality with respect to the Feedback and nothing in these Terms limits or restricts our right to independently use, develop, evaluate, or market products or services, whether incorporating the Feedback or otherwise.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Leverness Platform, please notify us at firstname.lastname@example.org. While we take no responsibility for any user who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to attempt to contact the infringer on your behalf and/or cancel the infringer's account.
Whether or not we are affiliated with websites or third-party vendors that may be linked to the Leverness Platform, you agree that we are not responsible for their content. Internet links found on the Leverness Platform, whether posted by us or a third party, are not an endorsement and we do not represent or warrant the accuracy or truth of the contents, or endorse the products, services or information found on said websites. You access those links and corresponding websites at your own risk.
These Terms, all documents incorporated by reference and your relationship with us shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada (and any Canadian federal laws applicable therein), as it is applied to agreements entered into and to be performed entirely within such province.
You hereby agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of Ontario, Canada (including the Federal courts and tribunals as applicable therein) to settle any disputes arising out of or in any way related to these Terms, all documents incorporated by reference and your relationship with us.
If any provision of these Terms are found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms.
To the extent permitted by law, you hereby waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns and directors. To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.
You can stop using the Leverness Platform at any time. You can follow the links within your account to terminate it, or contact us. Notwithstanding your decision to terminate your account or nor longer use the Leverness Platform, you agree to pay all fees and taxes as set out in these Terms and as posted on our website and the Leverness Platform.
We also reserve the right to suspend your account or access to the Leverness Platform at any time, with or without reason or cause, and with or without notice.
The cancellation, suspension or termination of access to the Leverness Platform shall not terminate this agreement. In particular, and without limiting the generality of the foregoing, any provision concerning the limitation of our liability, your indemnification obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding.
These Terms shall enure to the benefit of and is binding upon the parties and their respective successors and permitted assigns. You agree that we may assign this agreement to any successor or assignee, whether pursuant to the purchase of the Leverness Platform by a third party, the transfer of control of Leverness, Inc. or otherwise.
Violation of these Terms may cause us irreparable harm and, therefore, you agree that we will be entitled to seek extraordinary relief including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of these Terms.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Any new features that augment or enhance the current the Leverness Platform, including the release of new versions, new products or services, tools and resources, shall be subject to these Terms.
This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except (i) by publication of a subsequent version of these Terms by us; or (ii) in writing, in an addendum or other agreement, signed by a duly authorized representative of Leverness, Inc.