LAST UPDATED AT: July 18, 2024
Terms & Conditions
Introduction
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. OCTOPUSAPP INC. D/B/A Lockene (“Lockene”/“WE”/“US”/“OUR”) OWNS AND OPERATES THE WEBSITE LOCATED AT https://lockene.us/ (THE “WEBSITE”) AND ANY SUBDOMAINS USED IN CONNECTION WITH OR RELATED TO THE SAME, AND THE Lockene MOBILE APPLICATION MADE AVAILABLE BY Lockene AND THROUGH THIRD-PARTY MARKETPLACES (THE “APP”). THESE TERMS OF SERVICE (AS AMENDED FROM TIME TO TIME, THESE “TERMS OF SERVICE”) APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE, USERS WHO DOWNLOAD THE APP, AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.
YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE THE WEBSITE AND APP. BY ACCESSING, BROWSING, AND USING THIS WEBSITE AND/OR THE APP, YOU INDICATE THAT YOUHAVE READ AND ACCEPT THESE TERMS OF SERVICE WHICH CONSTITUTES A BINDING LEGALAGREEMENT GOVERNED BY AND MADE UNDER CANADIAN LAW BETWEEN YOU AND Lockene. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THE APP OR THIs WEBSITE OR ANY OF THEIR CONTENT OR SERVICES. THE TERM “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU’RE REGISTERED ON THE WEBSITE OR THE APP. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS WEBSITE, THE APP, OR THE SERVICE.
PLEASE BE AWARE THAT SECTION 22 OF THESE TERMS OF SERVICE, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.
UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT:
(1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICE, THE APP, OR THE WEBSITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF ALBERTA, CANADA WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT. EACH OF THE PARTIES HEREBY ATTORNS TO THE EXCLUSIVE JURISDICTION OF THE PROVINCIAL AND FEDERAL COURTS LOCATED IN THE PROVINCE OF ALBERTA WITH RESPECT TO ANY DISPUTE OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF SERVICE. NON-MOBILE APP USERS: IF YOU SUBSCRIBE TO THE SERVICE FOR A FREE TRIAL, AND DO NOT CANCEL THE SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL PERIOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED ON A MONTHLY OR ANNUAL BASIS AT Lockene’S THEN-CURRENT FEE FOR SUCH SERVICE UNLESS YOU OPT OUT OF THE AUTORENEWAL OR DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 3 BELOW. IF YOu SUBSCRIBE TO THE SERVICE UNDER A SUBSCRIPTION PLAN FOR A TERM (“INITIAL TERM”), THEN THOSE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT Lockene’S THEN-CURRENT FEE FOR SUCH SERVICE UNLESS YOU OPT OUT OF THE AUTO-RENEWAL OR DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 3 BELOW.
You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Website and under the “Settings — Terms of Service” section of the App. When material changes are made, Lockene will send you an email and/or in App notification. We will also update the “Last Updated” date at the top of the Terms of Service. Any non-material change (such as clarifications) to these Terms of Service and any new terms governing new features, functionality, or services will become effective on the date the change is posted. Any material changes to the Terms of Service will be effective:
(i) immediately if you are a new User of the Website, the App, and/or Service; and
(ii) if you are an existing User of the Website, the App, and/or Service, upon the earlier of
(a) thirty (30) days after notice is provided of such changes, which notice may be provided on the Website for existing Users or by dispatch of an e-mail or in-App notice, or
(B) your acceptance of the updated Terms of Service.
A. The Service.
The Lockene service enables users to run a mobile service business including without limitation CRM, scheduling, billing, invoicing, and payment integration functions, as well as the Lockene payment processing service, all as further described on the Website (the “Service”) and the underlying hardware, software, network storage, and related technology required to run the Service is provided by Lockene and its third-party vendors and hosting partners.
B. Your Privacy.
We respect the privacy of our users. For more information please see our Privacy Policy, located at https://lockene.us/privacy-policy/ and under the “Settings — Privacy Policy” section of our App (the “Privacy Policy”). By using the Website, the App, and/or the Service, you consent to our collection, use, and disclosure of personal information and other data as outlined therein.
C. Additional Terms.
Your use of the Website, the App, and the Service is subject to all additional terms, policies, rules, product documentation, published materials, or guidelines applicable to the Website, the App, and the Service (or certain features and/or functionality thereof) that we may post on or link to from the Website, the App, or the Service (the“ Additional Terms”). All such terms are hereby incorporated by reference into these Terms of Service, and may be amended from time to time by us. In the event that any Additional Terms are inconsistent with the Terms of Service, those Additional Terms will control
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. OCTOPUSAPP INC. D/B/A Lockene (“Lockene”/“WE”/“US”/“OUR”) OWNS AND OPERATES THE WEBSITE LOCATED AT https://lockene.us/ (THE “WEBSITE”) AND ANY SUBDOMAINS USED IN CONNECTION WITH OR RELATED TO THE SAME, AND THE Lockene MOBILE APPLICATION MADE AVAILABLE BY Lockene AND THROUGH THIRD-PARTY MARKETPLACES (THE “APP”). THESE TERMS OF SERVICE (AS AMENDED FROM TIME TO TIME, THESE “TERMS OF SERVICE”) APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE, USERS WHO DOWNLOAD THE APP, AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.
Without limiting the foregoing, a description of certain features and/or functionality, and corresponding Additional Terms, is set out below:
Lockene Payments. Optional features of the Service include “Lockene Payments”, a white labeled payment solution which assists Users with accepting and processing payments from customers, and which is provided by a third-party payment processor. Please see the Lockene Payments Terms of Service located at https://lockene.us/terms-condition/ for the terms whichwill apply to all users of the Lockene Payments Service. Lockene may, at any time and in its sole discretion, automatically enable Lockene Payments on your account. By agreeing to these Terms of Service you agree that Lockene Payments may be automatically enabled. Your use of Lockene Payments will be subject to the Lockene Payment Terms of Services and any other terms incorporated therein. You may disable Lockene Payments at any time in your account settings.
Supplemental Terms for Franchisees. If you are activating a Lockene account as a franchisee, franchisor or similar contractual relationship (for example, dealer and manufacturer relationship, multi-unit companies that may not be legally structured as franchises, etc.) between yourself and a separate entity (the “Distribution Partner”) which has partnered with Lockene to set up a distribution relationship for its related entities, the Supplemental Terms for Franchisees located at https://lockene.us/ may also apply to your use of the Services. The
Supplemental Terms for Franchisees apply where the Services are:
(i) purchased by the Distribution Partner on your behalf; or
(ii) purchased by you as mandated by the Distribution Partner; or
(iii) you are invited by Lockene to set up a customized account under the Distribution Partner’s banner.
REGISTRATION.
a) Generally. You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process and access certain features of the Website, the App, and/or Service. If you choose to register for the Website, the App, and/or the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. You may also access the Website, App, and/or Service by accessing certain social networking services (“SNSs”) through which you have connected to the Website (each such account, a “Third-Party Account”), or an account with the provider of the App for the User’s mobile device. Any personal information provided by you as part of the sign-up process for the Service will be used and stored in accordance with the Lockene Privacy Policy. We also collect email addresses from any users of the Service (the “User”) that downloads content from the Website.
b) Account Ownership. If you register for the Service on behalf of a business organization, that business organization will be the legal and beneficial account owner. For the purpose of these Terms of Service, regardless of whether you register for an account as an individual, or on behalf of an organization, the billing contact person will be the default account owner (the “Account Owner”). The Account Owner will have certain rights within the account, including the right to cancel the account, delete information from the account, and appoint administrators. Not with standing anything to the contrary contained herein,
you acknowledge and agree that the term Account Owner does not convey or connote ownership rights or any other property interest in an account, even where you are designated as the Account Owner, and you further acknowledge and agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of Lockene. Although the Account Owner can also appoint a new Account Owner if the billing contact is not the appropriate person to manage the account, in the event of a dispute regarding entitlement to access an account, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, or any other information that Lockene may reasonably request in its discretion. Lockene retains the right to determine, in our sole judgment, who the rightful Account Owner is and may transfer an account to the person we consider is the rightful Account Owner. If we are unable to reasonably determine the rightful Account Owner, Lockene reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
c) Third-Party Accounts. If you access the Website, the App, and/or Service through a SNS as part of the functionality of the Website, the App, and/or the Service, you may link your account with Third-Party Accounts by allowing Lockene to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Lockene and/or grant Lockene access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Lockene to pay any fees or making Lockene
subject to any usage limitations imposed by such third-party service providers. By granting Lockene access to any Third-Party Accounts, you understand that Lockene may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, and/or other materials accessible through the Website, the App, and/or Service (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Website, the App, and/or Service via your account. Unless otherwise specified in the Terms of Service, all SNS Content shall be considered to be User Content (as defined in Section
4) for all purposes of the Terms of Service. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Website, the App, and/or Service. Please note that if a Third-Party Account or associated service becomes unavailable, or the third-party service provider terminates Lockene’s access to such Third-Party Account or Lockene terminates access, then SNS Content will no longer be available on and through the Website, the App, and/or Service. If you decide at any time that you no longer wish to have your Third-Party Account linked to your account, please contact us at info@lockene.us PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND Lockene DISCLAIMS ANY LIABILITY FORPERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRDPARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. You, and not Lockene, will be responsible for any and all costs
and charges associated with your use of any Third-Party Accounts. Lockene enables these ThirdParty Accounts merely as a convenience and the integration or inclusion of such Third-Party Accounts does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Website, the App, and/or the Services are between you and the third party. Lockene makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Lockene is not responsible for any SNS Content.
FEES, PAYMENTS, REFUNDS, UPGRADING, AND DOWNGRADING.
Lockene App subscribers please refer to Section 13 below for details relating to subscription plans, fees, and service cancellation through the App You may purchase an auto-renewing subscription through an In-App Purchase.
• Auto-renewable subscription
• 1 month ($0) Starter / 1 month ($23.99) Professional / 1 month ($59.99) Business
• Your subscription will be charged to your iTunes account at confirmation of purchase and will automatically renew (at the duration selected) unless auto-renew is turned off at least 24 hours before the end of the current period.
• Current subscription may not be canceled during the active subscription period; however, you can manage your subscription and/or turn off auto-renewal by visiting your iTunes Account Settings after purchase
a) Information on the current fees for Users who are registered for the Service can be found in the billing section of your account. If you are a new User or prospective User of the Service and would like more information about our pricing models and products, please see our pricing page, located at https://lockene.us/force-one-pricing/ From time to time, we
may offer a free trial of the Service, in our sole discretion granting access to the Service for a period of time determined by Lockene. A valid credit card is required for paying accounts. If you sign up for a recurring (e.g., monthly or annual) paid account, and you do not cancel that account before the end of any provided trial period, you will be billed starting on the first day following the trial period. If you cancel prior to the processing of your first invoice (i.e., up to and including the last day of your free trial), your access to the Service will terminate, and your credit card will not be charged.
b) Automatic Renewal. Your subscription will continue indefinitely until terminated in accordance with Section 17 below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Lockene’s then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless (i) in the case of monthly subscriptions, you cancel your subscription before the Renewal Commencement Date, and (ii) in the case of annual subscriptions, you cancel your subscription at least thirty (30) days prior to the Renewal Commencement Date (or, in the event that you receive a notice from Lockene that your annual subscription will be automatically renewed, you will have thirty (30) days from the date of the Lockene notice), by logging in and going to the “Cancel your account” section of your “Account and Billing” page or by notifying Lockene of the intended termination by phone.
c) Billing, Changes to Service Tiers & Cancellations. The Service is billed in advance on a monthly or annual basis and fees are non-refundable. There will be no refunds or credits for partial months of service, upgrade or downgrade refunds, or refunds for months
unused with an open account. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. If you upgrade your account, this will trigger a pro-rated charge which will be processed immediately using the payment method you have provided. If you downgrade your account, we will adjust your fees down as of the next billing cycle. Downgrading your Service may cause the loss of User Content, features, or capacity of your account. Lockene does not accept any liability for such loss. If you cancel the Service before the end of your current paid up billing cycle, your account will remain open until the end of the then-current billing cycle, after which the cancellation will take effect and you will not be charged for the next month or be able to access your account. Prices of all services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon fourteen (14) days’ notice from us. Such notice may be provided by email or through an in-App notification. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. If you dispute any charges, you must let Lockene know within sixty (60) days after the date that Lockene charges you, or within such longer period of time as may be required under applicable law.
d) Collection Costs. You are liable for all costs we incur to collect any amounts you owe under these Terms of Services, in addition to the amounts you owe. Collection costs may include attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, applicable interest, and any other related cost.
e) Credits. Lockene may, in its sole discretion, offer credits (“Credits”) to its Users for promotional or other purposes. Credits may only be redeemed for purchases of Services and may not be applied to any previous purchase. Credits are
non-transferable, non-refundable, and may not be redeemed for cash. A User’s Credits will expire and will no longer be available on the later of: the date expressed in connection with the promotion (which may be canceled or discontinued in accordance with this section), the date such User terminates their subscription with Lockene, or twelve (12) months from the date the Credits are posted in such User’s account. Lockene reserves the right to terminate, discontinue, or cancel any promotions under which Credits were issued at any time and in its sole discretion without notice to you. ● satisfy any applicable law, regulation, legal process, or governmental request (including in pursuant to subpoenas, civil investigative demands, or similar processes); ● enforce our contracts or user agreements, including investigation of potential violations hereof; and
● detect, prevent, or otherwise address fraud, security, or technical issues.
The above may include exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and know-your-customer purposes. Not with standing the general terms of this policy, the collection, use, and disclosure of Personal Information may be made outside of the terms of this Privacy Policy to the extent provided for in any applicable privacy or other legislation in effect from time to time, or pursuant to court orders (including in respect to depositions, interrogatories, subpoenas, civil investigative demands, and other court or regulatory-mandated discovery processes).
CONTENT.
a) User Content and Other Materials. All information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly
posted or privately transmitted to the Website and/or App by viewers or users including certain personal information (“User Content”), is the sole responsibility of such viewers or users. You represent and warrant to Lockene that you have the necessary rights under applicable law or have obtained the necessary consents from each end user whose personal information is provided by you to Lockene in order to allow Lockene to use, disclose, and otherwise process such personal information for the purposes described in our Privacy Policy. More generally, responsibility for User Content means that the viewer or user, and not Lockene, are entirely responsible for all such material uploaded, posted, emailed, transmitted, or otherwise made available by using the Service. Lockene does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity, or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent, or objectionable. Under no circumstances will Lockene be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted, or otherwise made available via the Service. You acknowledge that Lockene does not pre-screen any such materials, but that Lockene and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any materials that are available via the Service.
b) Service Content.
You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, trademark, trade secret, or other proprietary rights and
laws. Except as expressly authorized by Lockene, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined above) that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service Content other than as specifically authorized herein is strictly prohibited.
c) Copyright Complaints.
Lockene respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Lockene of your infringement claim in accordance with the procedure set forth here: https://Lockene.us/ .
RESTRICTIONS ON USER CONTENT AND USE OF THE SERVICES.
a) Restrictions Generally. Lockene reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of our users and the public. In using the Website, the App and/or Service you shall not: i. copy any content unless expressly permitted to
do so herein;
ii. upload, post, email, transmit, or otherwise make available any material that:
aa) is or may be perceived as unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
bb) you do not have a right to make available under any law or under a contractual relationship;
cc) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party (including privacy rights);
dd) use communication features of the Service (or other functionality made available through the Service) to transmit unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
ee) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or App or that of any users or viewers of the Website or App or that compromises a user’s privacy;
ff) contains any falsehoods or misrepresentations or create an impression that you know or ought to know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
gg) poses or creates a privacy or security risk to any person; or
hh) in the sole judgment of Lockene, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Lockene or its users to any
harm or liability of any type; iii. impersonate any person or entity or misrepresent their affiliation with a person or entity; iv. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or App or impersonate another person or organization;
v. interfere with or disrupt the Website or App or servers or networks connected to the Website or App, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website or App or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
vi. intentionally or unintentionally violate any applicable local, state/provincial, national, or international law or regulation;
vii. collect or store personal information about other users or viewers;
viii. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially
exploit the Website or App;
ix. modify, translate, make derivative works of, disassemble, duplicate, adapt, hack, decompile, reverse compile, modify, or reverse engineer any part of the Website or App or any software provided as part of the Service or to falsely imply that another website is associated with the Service, Lockene, or any other Lockene service, except to the extent the foregoing restrictions are expressly permitted by applicable law;
x. solicit personal information from anyone under the age of 18;
xi. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
xii. advertise or offer to sell or buy any goods or services for any business purpose that is not authorized;
xiii. further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
xiv. obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
xv. circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content available on or through the Service, including through the use of virtual private networks; or
xvi. engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Lockene from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).
b) Acceptable Use. You agree to comply with all applicable laws in connection with the use of the Services, including the provision of any personal information and other Content to Lockene. You also agree not to access the Website or App in a manner that utilizes the resources of the Website or App more heavily than would be the case for an individual person using a conventional web browser. If your bandwidth usage exceeds reasonable levels, or significantly exceeds the average bandwidth usage (as determined solely by Lockene) of other Lockene customers, we reserve the right to immediately disable your account and/or throttle your usage until you can reduce your bandwidth consumption. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on the Website.
c) Lockene Provisioned Phone Numbers. Certain Lockene plans may include access to a company-specific phone number which may be used to send and receive SMS messages in connection with your business. For the avoidance of doubt, you will be solely responsible for the content and legality of any communications you transmit, collect, or store through this feature and you will indemnify Lockene in respect of any claims arising in respect of the same. Company specific numbers are non-transferable by you. On cancellation or termination of your subscription or the applicable subscription plan that enables access to a company-specific number, Lockene may reclaim and reallocate any company-specific number not currently linked to an active subscription in a tier that grants access to this feature.
d) Competitors. No employee, independent contractor, agent, or affiliate of any company providing job tracking and customer management software services for home service businesses is permitted to view, access, or use any portion of the Service without express written permission from Lockene. By viewing, using, or accessing the Service, you
represent and warrant that you are not a competitor of Lockene or any of its affiliates, or acting on behalf of a competitor of Lockene in using or accessing the Service.
e) General Practices Regarding Use and Storage. You acknowledge that Lockene may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Lockene’s or its third-party service providers’ servers on your behalf. You agree that Lockene has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Lockene reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Lockene reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
LICENSE OF CONTENT TO Lockene.
By submitting, posting, or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, fully paid license (with the right to sublicense) to use, copy, modify, transmit, display, and distribute such User Content: (a) to the extent necessary to provide the Service;
(b) to create aggregated and anonymized market research statistics and insights in respect of the customers and industries that use Lockene; and
(c) otherwise use de-identified User Content for the purpose of
improving the Service. Lockene will not be responsible or liable for any use of User Content in accordance with these Terms of Service. You represent and warrant that you
have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit.
END USER LICENSE.
a) End User License. The App, the Website, and the information and materials contained therein (except for User Content), are the property of Lockene and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms of Service, Lockene grants you a nontransferable, non-transferable, non-exclusive, revocable license to
(a) use the Website for your use, and
(b) download, install, and use one copy of the App on a mobile device that you own or control for your use. For clarity, the foregoing is not intended to prohibit you from installing the App on another device on which you also agreed to these Terms of Service. Each instance of these Terms of Service that you agree to in connection with downloading an App grants you the aforementioned rights in connection with the installation and use of the App on one device.
b) App Stores. With respect to the access through or download of the App from the Apple App Store, Google Play, or any other third-party marketplace (each an “app store”), you will only use the App: (i) on the branded device of the applicable app store owner, if required by the app store owner’s marketplace terms and conditions; and (ii) as permitted by the “Usage Rules” set forth in the applicable app store terms of service. The App is licensed to you and not sold. Nothing in these Terms of Service gives you a right to use the Lockene names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent, and all goodwill generated from the use of the foregoing will inure to Lockene’s exclusive benefit. You shall not attempt to override or circumvent
any of the usage rules or restrictions on the Website or within the App. Any future release, update, or other addition to functionality of the Website or App shall be subject to the terms of these Terms of Service.
c) Apple-Enabled Software. With respect to mobile Apps that are made available for your use in connection with an Apple-branded product (the “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
Lockene and you acknowledge that these Terms of Service are concluded between Lockene and you only, and not with Apple Inc. (“Apple”), and that as between Lockene and Apple, Lockene, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof. You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions. Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs. Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software. Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any, to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Lockene’s sole responsibility, to the extent it cannot be disclaimed under applicable law. Lockene and you acknowledge that Lockene, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including:
(a) product liability claims;
(b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and
(c) claims arising under consumer protection, privacy, or similar legislation. In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Lockene and Apple, Lockene, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. You represent and warrant that
(a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
(b) you are not listed on any U.S. Government list of prohibited or restricted parties. If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to Lockene as follow
info@Lockene.us
+1(650)487-2204
Lockene,Inc. 2093 PHILADELPHIA PIKE #2103 CLAYMONT, DE 19703
You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement. Lockene and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.
d) Google-Sourced Software.
The following applies to any mobile App you download from the Google Play Store (“Google-Sourced Software”):
(i) you acknowledge that these Terms of Service are between you and Lockene only, and not with Google, Inc. (“Google”);
(ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service;
(iii) Google is only a provider of Google Play where you obtained the Google-Sourced Software;
(iv) Lockene, and not Google, is solely responsible for Lockene’s Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and
(vi) you acknowledge and agree that Google is a third party beneficiary to these Terms of Service as it relates to Lockene’s Google-Sourced Software.