Effective Date:  April 22, 2013

Scope.  These are the Terms of Use of Lemon, Inc.  These Terms apply to users of our Lemon.com website, and users of our services and our mobile apps for iPhone, Android and Windows phones.

Eligibility and Agreement.  If you use our website, services or apps, these Terms apply.  If you do not want these Terms to apply, you should not use our website, services or apps.  You can use our website, services and apps only if you can lawfully enter into and form contracts under applicable law.  If you use our website, services or apps, you must do so in compliance with these Terms and with applicable laws and regulations.

Our Privacy Policy.  Our Privacy Policy is located at lemon.com/privacy/.  Our Privacy Policy describes how we use your personal information.  It is incorporated into these Terms.  Please read our Privacy Policy because it is an important part of these Terms.

Changes to These Terms.  We may make changes to these Terms.  If we do, we will do so in accordance with applicable legal requirements, and we will post the updated Terms on our website.

How Our Service Works.  We provide services and mobile apps that enable you to submit an image with card and receipt data, digitize the data, store the image, and access the image and digitized data.  The image and digitized data are made available to you on your mobile phone and a secure dashboard on our website.  This data will be made available to you for as long as you have an active Lemon account with us; however, spam in your @lemon inbox will be deleted periodically.

Changes to Our Website, Services or Apps.  Our development efforts are designed to provide our customers with a great user experience, and our services may evolve over time.  This means we may make changes, replace or discontinue (temporarily or permanently) our website, services or apps at any time for any reason with or without notice.  In this case, you may be prevented from accessing our services as well as any data stored on our website or your mobile phone.  In the case of any permanent discontinuance of our service, we would provide you with advance notice.

Paid Premium Services.  We offer a paid premium version of our service, which provides you with access to additional features for a fee.  If you select a premium version of our service, the following provisions will apply to you:

• How Paid Subscriptions Work.  If you select a paid subscription, we will charge you a monthly or annual subscription fee, depending on which you select.  Paid subscriptions generally renew automatically.  Paid subscription fees are NON-REFUNDABLE.
• How Auto-Renewal Works.  Your paid subscription will automatically renew, and the applicable subscription fees will be charged each month or year, depending on which subscription you have selected.  In order to avoid interruption of your paid subscription, unless you turned off auto-renewal as described below, we will continue your paid subscription by charging the payment card that you selected for your subscription or another valid payment card that you have uploaded to Lemon Wallet, of which we would notify you by email prior to any such charge.  You are able to change the payment card associated with your paid subscription online at any time by logging in to your Lemon Account and making change under the Subscription tab.
• How to Turn Off Auto-Renewal.  Your paid subscription will automatically renew, unless you turn off auto-renewal, which would remove your access to any premium features at the end of your current billing cycle. You can turn off auto-renewal and switch to a free account online by logging in to your Lemon Account and making changes under the Subscription tab.
• How Free Trials Work.  If your subscription includes a free trial, you can use the premium version of our service for the designated free trial period without paying any subscription fees.  You can cancel a free trial at any point during the free trial.  At the end of the free trial, you will be charged automatically for the premium version of our service.
  • If You Have Uploaded a Payment Card in Your Lemon Wallet.  If you have uploaded a payment card to your Lemon Wallet, the payment card will automatically be charge for the paid subscription when the free trial ends.  We will send you an email notifying you that we will charge the payment card for your paid subscription at the end of the free trial period, unless you cancel your subscription.  You are able to cancel your subscription and change the payment card associated with your paid subscription online at any time by logging in to your Lemon Account and making changes under the Subscription tab.
  • If You Have Not Uploaded a Payment Card in Your Lemon Wallet.  If you have not uploaded a payment card to your Lemon Wallet, you will need to upload one to continue receiving the paid subscription, or you can add payment information manually at any time online by logging in to your Lemon Account and making changes under the Subscription tab.
• How We May Terminate Your Paid Subscription.  We may terminate your paid subscription and switch you to a free version of our service if we are unable to charge you for the applicable subscription fees, for example, if you have provided inaccurate or outdated credit card information to pay for your subscription.  Note that your right to access the premium version of our service is effective only upon your payment of the applicable subscription fees, provided that any data provided to you while using a paid premium version of our service (for example, digitized receipt line items) will remain available for access even if you choose to switch or we switch you to a free version of our service.
• How You May Terminate Your Paid Subscription.  You may terminate your paid subscription and downgrade to a free version of our service at any time by cancelling your auto-renewal online by logging in to your Lemon Account and making changes under the Subscription tab or by emailing us at support@lemonhq.com.    If you terminate your paid subscription, it will terminate at the end of the then-current billing period; you will continue to have access to the premium version of our service until that time, after which you will be downgraded to a free version of our service. If you cancel your paid subscription and downgrade to a free version of our service, you acknowledge and agree that NO REFUNDS WILL BE ISSUED.
• How We May Make Changes to Subscription Fees. We may increase subscription fees for a subsequent subscription period at any time and for any reason, by providing you notice of at least 30 calendar days prior to the expiration of your current subscription term.

Ownership of Intellectual Property Rights.  We retain all right, title and interest (including all copyright, trademark, patent, trade secrets and all other intellectual property rights) in our website, all content on our website, services, apps, and our trademarks, service marks, designs, logos, URLs, and trade names that are displayed on our website, service or apps. These rights extend to any content that you post or provide on our website, which becomes ours when you submit it and can be used by us in any manner we wish.  You may not use, copy or retransmit anything on our website without our permission.  We reserve all rights not expressly granted herein.  The foregoing applies to our website, not the materials in your Lemon account submitted using our services and mobile apps.

Unauthorized Uses of Our Services. You are permitted to use our website, services or apps, only as we have authorized.  You are responsible for maintaining the confidentiality of any passwords associated with your account and any activity occurring within that account. You may not reproduce, duplicate, copy, sell or resell our services for any purpose, engage in any activity that is abusive or interferes with or disrupts our services, create an account with us to take advantage of a user name, or sell, buy, or solicit payment in exchange for a user name.  Any violation of this section may result in permanent account suspension.

Trademarks.  Lemon, Lemonade, and the Lemon logo are our trademarks, registered trademarks or service marks. Any other trademarks mentioned in our website or mobile apps are the property of their respective owners.

Disclaimer of Warranties. Our website, services and apps are provided “as is” with no warranty of any kind.  Your use of our website, services and apps are at your sole risk.  We and our licensors, service providers or subcontractors (if any) make no representations about the suitability of the information, software, products and services contained in our website, services or apps for any purpose or their compliance with any accounting rules, principles or laws, and expressly disclaim any representation or warranty that the website, services and apps will be free from errors, viruses or other harmful components, that communications to or from the website, services or apps will be secure and not intercepted, that the services and other capabilities offered from the website or the apps will be uninterrupted, or that their content will be accurate, complete or timely.  EXCEPT AS EXPRESSLY STATED IN THESE TERMS, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.  YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH IN THESE TERMS.

Indemnification. You agree to indemnify, defend and hold us, our employees, agents, consultants, subsidiaries, partners, affiliates, and licensors, harmless against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals) arising from or in any way related to your use of our website, services and apps.

Limitation of Liability.  IN NO EVENT WILL WE, OUR LICENSORS, SERVICE PROVIDERS OR SUBCONTRACTORS (IF ANY) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL), ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, OR THE PERFORMANCE OR OPERATION OF OUR WEBSITE, CONTENT, SERVICES AND APPS, YOUR ACCESS TO, DISPLAY OF, USE OF THE WEBSITE, CONTENT, SERVICES OR APPS, OR WITH DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE WEBSITE, CONTENT, SERVICES OR APPS, ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, CONTENT, OR SERVICES OR APPS, OR THE ACT OR OMISSION OF ANY BUSINESS USING OUR SERVICE OR OTHER THIRD PARTY, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE, OUR LICENSORS, SERVICE PROVIDERS OR SUBCONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  If, despite the limitation above, we, our licensors, service providers or subcontractors are found liable for any loss or damage that arises out of, or is connected with, any of the occurrences described above, then the liability of us, our licensors, service providers or subcontractors will in no event exceed, in the aggregate, the greater of $10 or the service fees that you paid to us for the service we provide through the website, services or apps during the month during which the incident occurred.  The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of us, our licensors, service providers and subcontractors.  SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS OR LIMITATIONS ON LIABILITY.  ONLY DISCLAIMERS OR LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Severability.  If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Governing Law and Arbitration. These Terms and any controversies arising out of or in relation with these Terms will be governed by California law, without giving effect to that state’s principles of conflicts of law. Any dispute relating to these Terms will be submitted to an arbitrator for full and final settlement pursuant to the JAMS Comprehensive Arbitration Rules and Procedures, provided that we may, at our option, bring any suit relating to our intellectual property rights, in any court of competent jurisdiction.  All arbitration will be held in Santa Clara County, California, in English.

Limitations. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of our website, services or apps within two years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

No Waiver.  Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

Entire Agreement.  These Terms, together with our Privacy Policy, any other agreements that apply to you, such as the Terms of Use for Publishers, constitute the entire and exclusive agreement between us and you regarding its subject matter, and supersede and replace any previous or contemporaneous written or oral contract, warranty, representation or understanding regarding its subject matter.

Contact Us.
Lemon, Inc.
Address: 364 University Ave., Palo Alto, CA 94301, USA
E-mail: support@lemonhq.com
Phone: 1-650-529-4101
Fax: 1-650-352-2208