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Introduction.

By using the AirBird product and software application provided by Leapcraft ApS and connected services (jointly the “Leapcraft Services”), including by receiving discounts from merchants via the Leapcraft App, you are entering into a binding contract with Leapcraft ApS, (company reg. no. 35472762), a Danish limited company having its registered offices in Denmark (“Leapcraft”). The agreement includes these user terms and conditions (“Terms”) and Leapcraft’s Privacy Policy.

Changes to services and agreement. Leapcraft may, at its sole discretion, make changes to the Leapcraft Services. Leapcraft is entitled, at any time, to modify or discontinue, temporarily or permanently, functions and features of the Leapcraft Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Leapcraft Service or any function or feature thereof. You understand and agree that Leapcraft has no obligation to maintain, support, upgrade, or update the Leapcraft Services, or to provide all or any specific content through the Leapcraft Services.

Further, Leapcraft may, at its sole discretion, make changes to the Terms and Privacy Policy. If any such changes are considered material by Leapcraft, you will be notified of such changes via the Leapcraft Services. By continuing to use the Leapcraft Service after such changes are made, you are expressing and acknowledging your acceptance of the changes.

Intellectual property rights. All intellectual property rights related to the Leapcraft brand or Leapcraft Services, including but not limited to trademarks, domain names, copy rights and design rights, are the sole property of Leapcraft. The Leapcraft Services and content provided through it are the property of Leapcraft. The Leapcraft App is licensed, not sold, to you on a limited, non-exclusive and fully revocable basis, and Leapcraft retains full ownership. 

User generated content. Users of the Leapcraft Services may take photos, make comments (“User Content”) and post such photos and comments to certain social media platforms. You are solely responsible for any User Content that you provide and for any consequences thereof. By posting User Content, you represent that you have the right to post said content and that it does not violate any applicable laws or include unseemly, abusive, discriminating, defamatory, offensive or illegal material. Leapcraft does not monitor, review or edit User Content, but reserves the right, at Leapcraft’s sole discretion, to remove or disable any User Content for any or no reason.

Merchants. Leapcraft has and will enter into agreements with certain retail merchants that will provide certain discounts to users who post favorable promotions of the merchants and/or certain products of the merchants on certain social media platforms. It is the merchant who is solely responsible for providing you with the product and applicable discounts as a result of a favorable promotion via the Leapcraft App. Leapcraft is not an agent of or in control of such merchants and takes no responsibility or liability for any actions or omissions of the merchants or any feature of their products, including any failure to provide a discount or any failure of purchased products. Any agreement or purchase that you make with a merchant, whether or not it involves the Leapcraft Services, is solely between you and said merchant, and Leapcraft is not a party to such agreement or purchase. It is at the discretion of the relevant merchant to determine whether your post is favorable and therefore justifies the applicable discount. If a merchant fails to provide the applicable discount, Leapcraft encourages you to complain to Leapcraft so that Leapcraft may take steps with regard to the merchant, but Leapcraft will under no circumstance be liable for the merchant’s failure(s).

Complaints. You can send complaints to: [email protected] Only written complaints will be processed.

Consideration. In consideration for the Leapcraft Services, you grant Leapcraft the right to provide advertising and other information to you and to allow our business partners to do the same. You further grant Leapcraft a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide licence to use, reproduce, make available to the public, publish, translate, compile, modify, analyze, distribute, transfer and assign any User Content that you generate or post via the Leapcraft Services.

No representations. Except as expressly stated in these Terms, Leapcraft makes no representations or warranties, express or implied, including no warranty as to non-infringement or fitness for a particular purpose. Leapcraft does not warrant or guarantee that the Leapcraft Services will be uninterrupted or error-free.

Limitation of liability. You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Leapcraft Services or the merchants is to uninstall the Leapcraft App stop using the Leapcraft Services. Leapcraft is only liable for losses or damages to the extent that they can be contributed to gross negligence or intent by Leapcraft. Leapcraft is not liable for any indirect or consequential losses or damages. Leapcraft is not liable for any losses or damages incurred due to any deviation by the you from Leapcraft’s instructions and guidance on the use of the Leapcraft Services.

Force Majeure. Neither Leapcraft nor the User are liable for losses or damages resulting from circumstances beyond their respective reasonable control, including but not limited to events of war, terror, fire, failure of suppliers, governmental restrictions, natural catastrophes, strikes, lock-outs, etc. In addition, Leapcraft is not liable for losses or damages resulting from any internet platform, social media platform or similar asserting restrictions or prohibitions against Leapcraft and the Leapcraft Services.

Termination. The agreement, including these Terms, will continue to apply to you until terminated by either you or Leapcraft. Leapcraft may terminate or suspend your access to the Leapcraft Services at any time, including in the event of your actual or suspected unauthorised use of the Leapcraft Services or non-compliance with the Terms. 

Severability. Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.

Law and Venue. The agreement, including these Terms, shall be governed by and construed in accordance with the laws of the Kingdom of Denmark, without giving effect to the conflict of law principles thereof. You irrevocably consent to the exclusive personal jurisdiction of the City Court of Copenhagen in the first instance.