Last Updated APRIL 2023
It’s important that you review and understand these terms before using our
platform and services. If you don’t agree to these terms, don’t accept them,
make a platform account, or use our platform or services.
Only the terms on the right are legally binding. The terms on the left are
not legally binding. They are only provided for your convenience. If you have
questions about what the terms on the right mean, you should talk to a lawyer.
We might update these terms from time to time. We’ll let you know when we
do. If you keep using the platform after we update the terms, that means you
agree to the updated terms.
Always speak to a lawyer to make sure you understand and comply with these
terms. Note that there are terms included here that limit your rights, such as
warranty disclaimers, limitations of liability, and a mandatory arbitration
clause.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. ONCE ACCEPTED, THESE TERMS OF
SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY, DATA PROCESSING AGREEMENT, AND
AFFILIATE AGREEMENT (COLLECTIVELY THE “TERMS”), BECOME A BINDING LEGAL
COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND THE LEAD
A.I. AND ITS RESPECTIVE OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS
(HEREINAFTER REFERRED TO AS “THE LEAD A.I.,” “WE” OR “US”) AND WILL GOVERN YOUR
ACCESS TO AND USE OF THE PLATFORM AND ALL OTHER INTERACTIONS WITH THE LEAD A.I.
RELATED TO THE PLATFORM.
ONLY THE TERMS IN THIS RIGHT COLUMN ARE LEGALLY BINDING. THE EXPLANATIONS IN
THE COLUMN TO THE LEFT ARE FOR INFORMATIONAL PURPOSES ONLY AND NON-BINDING.
IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCEPT THEM, CREATE AN
ACCOUNT, OR USE THE PLATFORM. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF
SERVICE AND THE ADDITIONAL AGREEMENTS INCORPORATED HEREIN BY REFERENCE, THESE
TERMS OF SERVICE SHALL PREVAIL.
THE LEAD A.I. reserves the right to make changes to these Terms at any time.
All changes are effective immediately when posted. Your continued use of the
Platform following the posting of any revised Terms constitutes your acceptance
and agreement to the updated Terms.
You should consult a lawyer for legal advice to ensure your use of the
Platform complies with these Terms and applicable law.
You have to be at least 18 years old to use our platform and services.
1. Use of Platform
1.1. Age Restrictions. You must be at least 18 years old to use the
Platform. By accepting these Terms, creating a Platform Account, or using the
Platform, you represent that you are at least 18 years old. You must not create
a Customer account unless you are at least 18 years of age. If you are a parent
or legal guardian permitting a person who is at least 13 years of age but under
18 years of age (a "Minor") create a Customer account and/or use the
Platform, you agree to: (i) supervise the Minor’s use of the Platform and their
account; (ii) assume all risks associated with, and liabilities resulting from,
the Minor’s use of the Platform and their Customer account; (iii) ensure that
the content on the Platform is suitable for the Minor; (iv) ensure all information
submitted to us by the Minor is accurate; and (v) provide the consents,
representations and warranties contained in the Terms on the Minor’s behalf.
The person who accepts these terms is the owner of the platform account. If
you accepted the terms on behalf of a business entity, the business entity is
the owner of the platform account.
1.2. Platform Account Ownership. Your use of the Platform is conditioned on
your provision of complete, current, and accurate information when registering
for a Platform Account. The Platform is intended for business use or in
connection with an individual’s trade, craft, or profession. As the individual
who accepts these Terms, You are the owner of the Platform Account unless You
are acting on behalf of a business entity, in which case, the business entity
is the owner of the Platform Account. If You accept these Terms on behalf of a
business entity, You represent and warrant that you have the authority to bind
the business entity to these terms.
You can’t use our platform in a way that breaks our rules or the law. You
are responsible for making sure you and your customers’ use of the platform and
services is compliant with applicable laws and regulations.
1.3. Intended Use. You and your customers may use the Platform only as
intended for lawful purposes and in accordance with these Terms. You agree that
You and Your customers will not use the Platform in any way that violates any
applicable law or regulation or engage in any Prohibited Uses. In addition, you
represent and warrant that: (i) You and Your customers will maintain in effect
all licenses, permissions, authorizations, consents, and permits necessary to
carry out the obligations under these Terms; (ii) You are fully responsible for
your actions and the actions of your employees, agents, and customers who use
of the Platform; (iii) You are fully responsible for the use of the Platform by
your customers; (iv) You, your employees, agents and customers will not
misrepresent the Platform or the Services; (v) You will provide these Terms to
your employees, agents, and customers and confirm that all employees, agents,
and customers understand that they are subject to these Terms if they use or
offer access to the Platform; (vi) You own or control all rights in and to all
content you provide to THE LEAD A.I. including, but not limited to, any code
provided to customize the Platform for your customers; (vii) You will be solely
responsible for your use of the Platform, including the quality and integrity
of any data and other information, including Information, made available to us
by or for you through the use of the Platform; and (viii) You, your employees,
and your customers will provide reasonable cooperation regarding information
requests from law enforcement, regulators, or telecommunication provider
We take privacy seriously. Make sure to read our Privacy Policy and Data
Processing Agreement. You also need to have a Privacy Policy of your own that
you make available to your customers.
1.4. Privacy. By using the Platform and providing Information on or through
the Platform, you consent to THE LEAD A.I.’s use and disclosure of the
Information in accordance with the Privacy Policy available here and
incorporated herein by reference. You agree that THE LEAD A.I. has no
responsibility or liability for the deletion or failure to store any
Information or content maintained or transmitted on or through the Platform.
When you provide your customers with access to the Platform, you must implement
and enforce your own Privacy Policy, providing the level of protection at least
equal to that provided to you by THE LEAD A.I.. You must obtain consent from
your customers, affirmatively acknowledging that your customers agree to be
bound by your privacy policy. You represent and warrant that you have provided,
and will continue to provide, adequate notices and have obtained, and will
continue to obtain, the necessary permissions and consents to provide your
customers’ data to us for use and disclosure in accordance with these Terms and
our Privacy Policy.
Keep your Login Credentials confidential. Let us know if you think someone
has gained unauthorized access to your account.
1.5. Login Credentials. You are responsible for maintaining the
confidentiality of your Login Credentials. You are responsible for all uses of
your Platform Account and Login Credentials, whether or not authorized by you.
You agree to notify THE LEAD A.I. immediately of any unauthorized access to or
use of your Platform Account or Login Credentials or any other breach of
security. THE LEAD A.I. reserves the right to disable your Login Credentials at
any time in its sole discretion for any or no reason, including if, in THE LEAD
A.I.’s opinion, you have violated any provision of these Terms. Platform
Accounts are non-transferable. You are obligated to take preventative measures
to prohibit unauthorized users from accessing your Platform Account with your
Login Credentials.
We are a platform provider ONLY. We don’t originate, send, or deliver any
communications on your behalf. If you use any of the communication services
features on our platform, you are responsible for making sure your
communications comply with applicable laws, including but not limited to the
Telephone Consumer Protection Act (“TCPA”) and CAN-SPAM Act.
1.6. Use of Communication Services. The Platform may include certain
communications features such as SMS, MMS, email, voice call capabilities and
other methods. If You use these features, You agree that You are exclusively
responsible for all communications sent using the Platform, including
compliance with all laws governing those communications such as the Telephone
Consumer Protection Act (“TCPA”) and the CAN-SPAM Act. You represent and
warrant that you understand and will comply with those laws. THE LEAD A.I. is
not responsible for your compliance with laws and does not represent that your
use of the Platform will comply with any laws. THE LEAD A.I. is a technology
platform communication service application provider ONLY. THE LEAD A.I. does
not originate, send, or deliver any communications to any recipient via SMS,
MMS, email, or other communication method. You control the message, timing,
sending, fraud prevention, and call blocking. All communications, whether SMS,
MMS, email or otherwise, are created by and initiated by you and/or your
customers, whether generated by You or sent automatically via the Platform at
Your direction.
Some features on our platform leverage third-party services. We are not in
control of those third party services, so we’re not liable for problems that
arise from them.
By the way, if you have been assigned phone numbers or email addresses to be
used through our platform, we might have to release those phone numbers or
emails if you pause or delete your account, and the phone numbers or addresses
may no longer be available if you reactivate or unpause your account.
1.7. Third Party Services. The Platform may leverage or include access to
Third Party Services. THE LEAD A.I. is not responsible for the usability or
accessibility of Third Party Services. If you elect to pause or delete some or
all of your Platform Account, certain features or functionality (such as phone
numbers or email services) may not be retrievable upon reactivation. If you
pause some or all of your Platform Account for more than thirty (30) days, and THE
LEAD A.I. is still incurring costs on your behalf related to Third Party
Services (such as the costs of securing a particular phone number on your
behalf), THE LEAD A.I. reserves the right to release the phone number or delete
some or all of your Platform Account in its sole discretion, without liability.
THE LEAD A.I. disclaims all liability related to outages or downtime of Third
Party Services.
There might be content on our platform that was created or provided by third
parties. We’re not responsible or liable for that content.
1.8. Third Party Content. The Platform may include Third Party Content. Your
use of Third Party Content is entirely at your own risk and discretion. All
statements and opinions expressed in Third Party Content are solely the
opinions and the responsibility of the third party and do not necessarily
reflect the opinion of THE LEAD A.I.. THE LEAD A.I. is not responsible for
Third Party Content and makes no endorsements, representations or warranties
and assumes no liability, obligation or responsibility for Third Party Content.
You are responsible for ensuring that your engagement or transactions with
Third Party Content is in compliance with these Terms and any applicable laws.
If you customize the platform, make sure your customizations don’t infringe
anyone’s intellectual property rights.
1.9. Customizations. Portions of the Platform may be modified by you,
incorporating your name, logo, trademark, and color scheme into your individual
access area within the Platform. You are solely responsible for copyright,
trademark or other intellectual property concerns connected with your customized
look and feel of the Platform. You acknowledge that you may not be able to
customize the Platform according to your unique branding to the extent that
your customization would appear to be independently developed. THE LEAD A.I.
may remove any of your modifications at any time without advance notice and
without liability to you.
If you use more data than what’s contemplated by your pricing plan, you
might be required to upgrade your plan.
1.10. Excessive Use Restrictions. We provide access to the Platform on a
tiered-pricing basis, and some tiers can process more data with less impact on
performance. We have no liability for the effect that your excessive data use
may have on performance. If, in THE LEAD A.I.’s sole discretion, we determine
that your data use is excessive, abusive, or has a negative effect on the
Platform in anyway, we may (1) require that you upgrade your Services in order
to continue your activity levels if your data use exceeds the intended use of
your existing Platform tier or if THE LEAD A.I.’s operational costs to support
your Platform usage exceeds the subscription price; (2) suspend or terminate
your use of the Platform or Services, and/or (3) reduce the amount of data you
are able to use.
We make regular updates to our platform, and sometimes those updates might
affect the previous mode of operation of the platform.
1.11. Platform Updates. THE LEAD A.I. reserves the right to make updates or
changes to the Platform at anytime, including changes that may affect the
previous mode of operation of the Platform. You agree that your use of the
Platform or purchase of Services is not contingent on THE LEAD A.I.’s delivery
or release of any functionality or feature, including but not limited to the
continuation of a certain Service or any third-party services.
We don’t allow access to our platform by those located in embargoed
countries.
You are responsible for compliance with any local laws that might be
applicable to your use of the platform.
1.12. International Use. If you are in an embargoed country or are a
sanctioned person or entity, you are prohibited from using the Platform. THE
LEAD A.I. makes no representation that materials on the Platform are
appropriate or available for use in locations outside the United States. Those
who choose to access the Platform from other locations do so on their own
initiative and at their own risk. If you choose to access the Platform from
outside the United States, you are responsible for compliance with local laws
in your jurisdiction, including but not limited to, the taxation of products
purchased over the Internet. Any offer for any product, Services, and/or
information made in connection with the Platform is void where prohibited.
2. Prohibited Uses
The following are considered Prohibited Uses of the Platform. Engaging in a
Prohibited Use is a material breach of this Agreement for which THE LEAD A.I.
may immediately suspend or termination your Platform Account in accordance with
these Terms:
Use of the Platform in any way that violates any applicable law or
regulation.
Use of the Platform to exploit, harm, or attempt to exploit or harm anyone
in any way.
Use of the Platform to send, receive, upload, download, use, or re-use any
material that does not comply with these Terms.
Use of the Platform to transmit, or procure the sending of, any unlawful
advertising or promotional material, including any “junk mail,” “chain letter,”
“spam,” or any other similar solicitation.
Impersonating or attempting to impersonate THE LEAD A.I., a THE LEAD A.I.
employee, another user or any other person or entity (including, without
limitation, by using email addresses associated with any of the foregoing).
Engaging in any other conduct that restricts or inhibits anyone's use or
enjoyment of the Platform.
Engaging in any conduct that would may, as determined by THE LEAD A.I., harm
Platform users or THE LEAD A.I., or expose either to liability.
Use of the Platform in any manner that could disable, overburden, damage, or
impair the Platform or interfere with any other party's use of the Platform,
including their ability to engage in real time activities through the Platform.
Use of any robot, spider or other automatic device, process or means to
access the Platform for any purpose, including monitoring or copying any of the
material on the Platform.
Use of any manual process to monitor or copy any of the material on the
Platform or for any other unauthorized purpose without THE LEAD A.I.’s prior
written consent.
Use of any device, software or routine that interferes with the proper
working of the Platform.
Introducing any viruses, Trojan horses, worms, logic bombs, or other
material that is malicious or technologically harmful.
Attempting to gain unauthorized access to, interfere with, damage, or
disrupt any parts of the Platform, the server on which the Platform is stored,
any server, computer, or database connected to the Platform.
Attacking the Platform via a denial-of-service attack or a distributed
denial-of-service attack.
Otherwise attempting to interfere with the proper working of the Platform.
As a general rule, fees are nonrefundable, and we don’t provide refunds or
credits.
Note that some subscription fees require minimum commitments. In those
cases, we can’t cancel your subscription until you’ve fulfilled the minimum
commitment.
3. Payment
a. Fees. Your use of the Platform is subject to the timely payment of all
Fees. Fees may change from time to time. All Fees are exclusive of
Communication Surcharges. You will pay all Communications Surcharges associated
with your use of the Platform. Communications Surcharges will be shown as a
separate line item on an invoice. All Fees and Communications Surcharges are
nonrefundable. Fees will be billed to the credit card we have on file. Fees for
subscriptions will be billed in advance of Services. You agree to provide us
with accurate and complete billing information (name, address, credit card
information, and phone number) and notify us of any changes within 10 days of
the change.
b. Noncancellable Fees. Some subscriptions for Services require a
non-cancellable minimum subscription commitment which cannot be canceled until
the commitment is fulfilled. Fees for such non-cancellable minimum subscription
commitments will continue to be automatically applied to your bill until the
minimum commitment has been achieved.
c. You’re responsible for taxes related to the platform and transactions you
conduct with your customers. You might have to indemnify THE LEAD A.I. if there
is a tax issue related to your platform usage.
We might terminate your account if we can’t collect payment from you.
If you have a payment dispute, let us know right away.
d. Taxes. You are exclusively responsible for taxes and other governmental
assessments (“Taxes”) associated with your use of the Platform, including all
Taxes associated with transactions you conduct with your customers. THE LEAD
A.I. may collect Taxes from you as part of the Fees as legally required or as THE
LEAD A.I. deems appropriate, and all THE LEAD A.I. determinations regarding
what Taxes to collect are final. THE LEAD A.I. may recalculate and collect
additional Taxes from you if it determines at any point that they are due. You
will indemnify THE LEAD A.I. for all Claims related to Taxes that are
associated with your activities on the Platform, including any Taxes related to
your transactions with your customers as further described below. Taxes are
nonrefundable.
e. Overdue Amounts. If, for any reason, your credit card company declines or
otherwise refuses to pay the amount owed for the Services you have purchased,
you agree that we may suspend or terminate your use of the Platform and/or
delivery of Services and may require you to pay any overdue Fees and other
amounts incurred (including any third-party chargeback fees or penalties) by
other means acceptable to us. In the event legal action is necessary to collect
on balances due, you agree to reimburse us for all expenses incurred to recover
sums due, including attorney fees and other legal expenses.
f. Payment Disputes. You will notify us in writing within sixty (60) days of
the date we bill you for any invoiced Fees or charges that you wish to dispute.
You must pay all invoiced Fees and charges while the dispute is pending or you
waive the right to pursue the dispute. Where you are disputing any Fees or
charges, you must act reasonably and in good faith and cooperate diligently
with us to resolve the dispute. All THE LEAD A.I. determinations regarding your
obligation to pay invoiced Fees and charges are final.
g. No Refunds or Credits. Except as described below, all Fees assessed by THE
LEAD A.I. are non-refundable. You are solely responsible for any excess Fees
incurred by You as a result of an error or omission made by You or a third
party. THE LEAD A.I. does not provide Fee refunds or credits for such errors or
omissions, or for partially used or unused Platform or Services subscriptions.
If you sign up for a subscription but do not access the Service or Platform,
you are still responsible for all Fees during the term of your subscription.
Except as may be required by law, THE LEAD A.I. reserves the right to issue or
deny a refund or credit in its sole and absolute discretion, at any time, for
any reason, and THE LEAD A.I.’s determination of if and when to issue or deny a
refund or credit is final.
h. Cancellations. You are solely responsible for the cancellation of
Services associated with your account, and you will be responsible for all Fees
incurred until such cancellation occurs. No refunds will be provided for your
failure to properly cancel the Services associated with your account.
i. Your Responsibility For Financial Transactions. You are solely
responsible for all financial transactions you and your customers engage in on
the Platform or using the Services, including transactions conducted using
billing tools enabled by the Services. You are exclusively responsible for all
chargebacks related to activities of you and your customers, regardless of the
reason for the chargeback.
If you’re interested in earning commissions for referring customers to THE
LEAD A.I., check out our Affiliate Program.
5. Affiliate Program
THE LEAD A.I. offers an Affiliate Program under which customers may receive
commissions for referring new accounts to THE LEAD A.I.. Your participation in
the Affiliate Program is subject to THE LEAD A.I.’s approval and your
acceptance of the Affiliate Agreement, a copy of which is available here and is
incorporated herein by reference. You must establish a payment account linked
to your THE LEAD A.I. account in order to earn and receive commission payouts.
Commissions may be forfeited if THE LEAD A.I. is unable to submit payment to
your payment account for any reason.
We own our trademarks and service marks.
6. Intellectual Property
6.1. Platform Content. The Platform and Platform Content are the property of
THE LEAD A.I. or its licensors and are protected by copyright, trademark and
other intellectual property laws, except as indicated below. Platform Content
does not include User Contribution(s), as defined below. THE LEAD A.I. grants
you a personal, royalty-free, non-assignable, revocable, and non-exclusive
license to access and use the Platform Content while using the Platform for the
purpose of making the Platform available to You. Any other use, including the
reproduction, modification, distribution, transmission, republication, framing,
display or performance of Platform Content without prior permission of THE LEAD
A.I. is strictly prohibited.
6.2. THE LEAD A.I. marks and services marks may not be used without advance
written permission of THE LEAD A.I. including in connection with any product or
service that is not provided by THE LEAD A.I., or in any manner that is likely
to cause confusion, or in any manner that disparages, discredits, or
misrepresents THE LEAD A.I.. You may not remove any THE LEAD A.I. Marks or
other proprietary notices, including, without limitation, attribution
information, credits, and copyright notices that have been placed on or near
the Platform or Platform Content. Other products or company names mentioned on
the Platform may be trademarks or service marks of their respective owners.
Third-party websites may feature THE LEAD A.I. Marks, with or without
authorization, and such usage of THE LEAD A.I. Marks does not constitute or
imply any approval, sponsorship, or endorsement by THE LEAD A.I.
You own the content that you post on our platform, but you give us
permission to use the content.
If the content that you post violates these terms, we will take it down.
You can’t post anything inappropriate or offensive, or materials that
infringe someone else’s intellectual property rights.
6.3. User Contributions. User Contributions are considered non-confidential
and non-proprietary. You grant THE LEAD A.I., our service providers and each of
their licensees, successors, and assigns the perpetual right to use, reproduce,
modify, perform, display, distribute, and otherwise disclose User Contributions
to third parties for any purpose. You also grant THE LEAD A.I. the right to use
Your Information and User Contributions to improve the Platform, develop new
services, and/or improve THE LEAD A.I.’s overall product offerings and business
model. THE LEAD A.I. is not responsible or liable to any third party for the
content or accuracy of any User Contributions, nor do we endorse the User
Contribution of third parties. THE LEAD A.I. is not responsible for any failure
or delay in removing User Contributions that violate the Terms. THE LEAD A.I.
reserves the right to delete or otherwise remove any User Contributions we deem
to be in violation of these Terms, with or without notice, at any time, for any
reason. You represent and warrant that: (i) You own or control all rights in
and to the User Contributions and have the right to grant the license granted
above; (ii) All of your User Contributions comply with these Terms; and (iii)
You understand and acknowledge that you are responsible for the legality,
reliability, accuracy and appropriateness of your User Contribution.
6.4. Prohibited User Contributions. You are prohibited from posting User
Contributions on the Platform that: (i) Are unlawful, threatening, abusive,
harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s
privacy, or includes graphic descriptions of sexual or violent content; (ii)
Victimize, harass, degrade, or intimidate an individual or group of individuals
on the basis of religion, gender, sexual orientation, race, ethnicity, age,
disability, or otherwise; (iii) Infringe any patent, trademark, trade secret,
copyright, right of publicity, or other proprietary or intellectual property
right of any party; or (iv) Breach the security of, compromise or otherwise
allow access to secured, protected or inaccessible areas of the Platform, or
attempt to gain access to other networks or servers via your Platform account.
If you give us ideas on how to improve our platform or any other element of
our business, then we have your permission to use that idea without
compensating you.
6.5. Feedback. If you provide Feedback, you agree and acknowledge that your
submission of Feedback is voluntary, non-confidential, and gratuitous, and THE
LEAD A.I. has no obligation to use the Feedback. You grant THE LEAD A.I. and
its designees a perpetual, irrevocable, non-exclusive, fully-paid up and
royalty-free license to use any Feedback you submit to THE LEAD A.I. without
restrictions or payment or other consideration of any kind, or permission or
notification to you or any third party. The license includes, without
limitation, the irrevocable right to reproduce, prepare derivative works,
combine with other works, alter, translate, distribute copies, display,
perform, license the Feedback, and all rights therein, in the name of THE LEAD
A.I. or its designees throughout the universe in perpetuity in any and all
media now or hereafter known. You represent that the Feedback is your own
original work, you have all necessary rights to disclose the Feedback to THE
LEAD A.I., and neither your disclosure of the Feedback nor THE LEAD A.I.'s
review and/or use of the Feedback will infringe upon the rights of any other
individual or entity. If your Feedback is the subject of a patent that is
pending or has been issued, You are required to disclose that fact to THE LEAD
A.I..
6.6. Feedback Waiver. You hereby irrevocably release and forever discharge THE
LEAD A.I. from any and all actions, causes of actions, claims, damages,
liabilities and demands, whether absolute or contingent and of any nature
whatsoever, which you now have or hereafter can, shall or may have against THE
LEAD A.I. with respect to the Feedback, including without limitation how THE
LEAD A.I. directly or indirectly uses the Feedback. You agree that you are
responsible for the content of the Feedback and further agree (at THE LEAD A.I.'s
option and at your sole expense) to defend, indemnify, and hold THE LEAD A.I.
harmless from any and all actions, claims, and liabilities, demands, whether
absolute or contingent and of any nature whatsoever, damages, losses, costs,
fees, fines or expenses, including reasonable attorneys' fees, which THE LEAD
A.I. may incur as a result of use of the Feedback in accordance with these
Terms.
If you think someone is infringing your copyrights, let us know by following
the process described in this section.
6.7. Copyright; Digital Millennium Copyright Act. If you believe that Your
copyrights have been infringed, or that your intellectual property rights have
been otherwise violated by a third party’s use of our Platform, you should
notify us of your infringement claim in accordance with the procedure set forth
below. We will process and investigate notices of alleged infringement and will
take appropriate actions under the Digital Millennium Copyright Act (“DMCA”)
and other applicable intellectual property laws with respect to any alleged or
actual infringement. A notification of claimed copyright infringement should be
emailed to
(Subject line: “DMCA Takedown Request”).
To be effective, the notification must be in writing and contain the
following information:
an electronic signature of the person authorized to act on behalf of the
owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that
you claim has been infringed;
a description of where the material that you claim is infringing is located
on the Platform, with enough detail that we may locate it;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright or intellectual property owner, its agent,
or the law; and
a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
Counter-Notice: If you believe that your User Contribution that was removed
(or to which access was disabled) is not infringing, or that you have the
authorization from the copyright owner, the copyright owner's agent, or
pursuant to the law, to upload or display the content in your User
Contribution, you may send a written counter-notice containing the following
information to the above-listed Copyright Agent:
electronic signature;
identification of the content that has been removed or to which access has
been disabled and the location at which the content appeared before it was
removed or disabled;
a statement that you have a good-faith belief that the content was removed
or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number, and email address, and a statement
that you will accept service of process from the person who provided
notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we will send a copy
of the counter-notice to the original complaining party, informing that person
that THE LEAD A.I. may repost the removed content or cease disabling it in 10
business days. Unless the copyright owner files an action seeking a court order
against the content provider, member or user, the removed content may be
reposted, or access to it restored, in 10 to 14 business days or more after
receipt of the counter-notice, at our sole discretion.
We may, at our sole discretion, limit access to the Platform and/or
terminate the account of any user who infringes any intellectual property
rights of others.
Our platform doesn’t come with any warranties—it is provided “as is.”
7. Disclaimers
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OR THE WARRANTY OF NON-INFRINGEMENT. YOUR USE OF THE PLATFORM IS AT YOUR OWN
DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH
ACTIVITIES. YOU AGREE THAT THE LEAD A.I. HAS NO RESPONSIBILITY OR LIABILITY FOR
THE DELETION OR FAILURE TO STORE ANY INFROMATION OR CONTENT MAINTAINED OR
TRANSMITTED ON OR THROUGH THE PLATFORM.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PLATFORM
WILL MEET YOUR REQUIREMENTS, (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
PLATFORM WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF THE
PLATFORM WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR
DEFECTS.
YOU ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS PROVIDERS’ NETWORKS
ARE INHERENTLY INSECURE. ACCORDINGLY, YOU AGREE THAT THE LEAD A.I. IS NOT
LIABLE FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF YOUR DATA WHILE IN
TRANSIT VIA THE INTERNET OR A TELECOMMUNICATIONS PROVIDER’S NETWORK.
THE LEAD A.I. MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH
A THIRD PARTY OR THIRD PARTY SERVICES, OR IN CONNECTION WITH THE PLATFORM, AND
YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR
OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR
CONTENT AVAILABLE ON OR THROUGH THE PLATFORM FROM A THIRD PARTY OR THROUGH
THIRD PARTY SERVICES IS PROVIDED SOLELY BY SUCH THIRD PARTY.
WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE PLATFORM,
INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE
TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE
SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE
PRICING STRUCTURE AND THE ADDITION OF FREE OR FEE-BASED SERVICES. ANY NEW
FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS PLATFORM
SHALL ALSO BE SUBJECT TO THESE TERMS OF SERVICE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE
CONSULT THE LAWS IN YOUR JURISDICTION
Any direct damages that THE LEAD A.I. might owe are capped at the amounts
you paid us in the three month period before the act giving rise to the
liability.
THE LEAD A.I. is not responsible for any damages that indirectly resulted
from an incident
8. Limitation of Liability, Indemnification, and Mitigation
Your exclusive remedy and our entire liability, if any, for any claims
arising out of these Terms and your use of the Platform or the Services shall
be limited to the amount you paid us for Services purchased on the Platform
during the three (3) month period before the act giving rise to the liability.
IN NO EVENT SHALL THE LEAD A.I. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND,
OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM
MALICIOUS CODE, LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY,
ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR THIRD PARTY
SERVICES OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE PLATFORM.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY SERVICES OR
DISRUPTIONS THEREOF, OR THIRD PARTY PROMISES AND/OR STATEMENTS REGARDING OUR
PLATFORM SERVICES OR CONTENT OR FOR TRANSACTIONS WITH THE THIRD PARTY THROUGH
THE PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
If you breach these terms, give us inaccurate information, engage in gross
negligence or willful misconduct, or if you or your customers violate the law,
you might have to indemnify us.
If a third party claims that our platform violates their intellectual
property rights, we’ll either (i) obtain the proper licenses so that you can
continue using the platform; (ii) modify or replace the platform; or (iii) shut
down the platform.
You agree to defend, indemnify, and hold THE LEAD A.I. harmless against all
demands, claims, actions, proceedings, damages, liabilities, losses, fees,
costs or expenses (including without limitation reasonable attorneys’ fees and
the costs of any investigation) directly or indirectly arising from or in any way
connected with your use of the Platform (“Claims”), including, but not limited
to: (a) our use of or reliance on information or data supplied or to be
supplied by you, your employees, agents, or customers; (b) any breach of or
default under these Terms by you, your employees, agents, or customers; (c) the
wrongful use or possession of any THE LEAD A.I. property by you, your
employees, agents, or customers; (d) any negligence, gross negligence or
willful misconduct by you or your employees, agents, or customers; (e)
misrepresentations by you, your employees, agents, or customers (f)
violation(s) of applicable law by you, your employees, agents, or customers,
(g) your actions and the actions of your employees, agents, or customers; (h)
the acts or omissions of you, your employees, agents, or customers in
connection with providing notice and obtaining consents regarding the
origination or content of the SMS or MMS messages, email or other
communications using the Services, (i) Taxes and other Fees and/or (j) any
disputes between (1) you and other users (2) you and your client(s) and/or (3)
your customers.
If the Platform is found to violate any third-party intellectual property
right, at our option we may: (a) obtain the right for you to continue to use
the Platform as contemplated by these Terms; (b) modify or replace the
Platform, in whole or in part, to seek to make the Platform non-infringing; or
(c) require you to immediately cease any use of the Platform..
If you have a claim related to these terms or the platform, you need to
commence action within three months.
9. Limitation On Time To File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO
THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE
EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW
OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS
PERMANENTLY BARRED.
Sometimes money won’t fix the problem if you breach these terms. In those
instances, we might seek equitable relief, like an injunction.
10. Injunctive Relief
You agree that a breach of these Terms will cause irreparable injury to THE
LEAD A.I. for which monetary damages would not be an adequate remedy, and THE
LEAD A.I. shall be entitled to seek equitable relief, in addition to any
remedies it may have hereunder or at law, without having to post a bond or
other security.
11. Waiver And Severability
You agree that a breach of these Terms will cause irreparable injury to THE
LEAD A.I. for which monetary damages would not be an adequate remedy, and THE
LEAD A.I. shall be entitled to seek equitable relief, in addition to any
remedies it may have hereunder or at law, without having to post a bond or
other security.
No waiver by THE LEAD A.I. of a term or condition set forth in these Terms
shall be deemed a continuing waiver of such term or condition or a waiver of
any other term or condition. Any failure of THE LEAD A.I. to assert a right or
provision under these Terms shall not constitute a waiver of such right or
provision.
If any provision of these Terms is held by a court or other tribunal of
competent jurisdiction to be invalid, illegal or unenforceable for any reason,
such provision shall be eliminated or limited to the minimum extent such that
the remaining provisions of the Terms of Service will continue in full force
and effect.
12. Change of Control
THE LEAD A.I. may assign its rights under these Terms at any time, without
notice to you. You may not assign your rights under these Terms without THE
LEAD A.I.’s prior written consent which may be withheld at THE LEAD A.I.’s sole
discretion.
13. Entire Agreement
Except as noted below, these Terms constitute the sole and entire agreement
between you and THE LEAD A.I. with respect to the Platform and supersede all
prior and contemporaneous understandings, agreements, representations and
warranties, both written and oral, with respect to the Platform. These Terms
may not be altered, supplemented, or amended by the use of any other
document(s) unless such document is signed by an authorized representative of THE
LEAD A.I..
THE LEAD A.I. may enter into a separate agreement with you. The terms of any
separate agreement between you and THE LEAD A.I. will be considered a part of
your entire agreement with THE LEAD A.I.. To the extent there is a conflict
between these Terms and the terms of your separate agreement with THE LEAD A.I.,
your separate agreement with THE LEAD A.I. will control.
We can terminate this agreement and your access to the platform at any time,
for any reason.
14. Term and Termination
These Terms will remain in full force and effect so long as you maintain a
Platform Account. The sections of these Terms that are intended to survive
termination of your Platform Account will remain binding even after you are no
longer a Platform user.
a. Grounds for Termination. You agree that THE LEAD A.I., in its sole
discretion, may suspend or terminate your access to the Platform (or any part
thereof) for any reason, with or without notice, and without any liability to
you or to any third party for any claims, damages, costs or losses resulting
therefrom. Any suspected fraudulent, abusive or illegal activity may be grounds
for barring your access to this Platform, and reporting you to the proper
authorities, if necessary. THE LEAD A.I. reserves the right to delete Platform
Accounts that have remained inactive for at least three (3) months.
b. No Right to Services Upon Termination. Upon termination and regardless of
the reason(s) motivating such termination, your right to use the Platform will
immediately cease. THE LEAD A.I. is not liable to you or any third party for
any claims for damages arising out of any termination or suspension or any
other actions taken by us with regards to your Platform access.
c. How to Terminate or Make Adjustments. If you, for any reason, would like
to terminate your access to the Platform or make adjustments, THE LEAD A.I.
requires written notice at least 30 days before your next billing date.
d. No Termination by Third Party Users. THE LEAD A.I. has limited access to
subscriptions not directly purchased from us. Any user who has been given
access to the Platform by any party other than THE LEAD A.I. must contact the
party who originally provided access to the Platform for any inquiries related
to termination.
e. Force Majeure. In addition to any excuse provided by applicable law, we
shall be excused from liability for non-delivery or delay in delivery of the
Platform or any associated product or service through the Platform arising from
any event beyond our reasonable control, whether or not foreseeable by either
party, including but not limited to: labor disturbance, war, fire, accident,
adverse weather, inability to secure transportation, governmental act or
regulation, and other causes or events beyond our reasonable control, whether
or not similar to those which are enumerated above.
If we have a dispute that can’t be resolved, we will solve it using
arbitration.
Make sure you talk to a lawyer to understand this section.
15. Applicable Law, Binding Arbitration, and Class Action Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO
AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL
ARBITRATION.
The laws of the State of Florida will govern these Terms of Service and any
disputes under them, without giving effect to any principles of conflicts of
laws.
Any controversy or claim arising out of or relating to these Terms shall be
exclusively settled by arbitration administered by the American Arbitration
Association in accordance with Commercial Arbitration Rules, then in effect.
This arbitration provision is governed by the Federal Arbitration Act. The
arbitration proceedings shall be held in Orlando, Florida. Any arbitration
award may be entered in a court of competent jurisdiction.
All claims and disputes within the scope of this arbitration agreement must
be arbitrated or litigated on an individual basis and not on a class basis.
Claims of more than one customer or user cannot be arbitrated or litigated
jointly or consolidated with those of any other customer or user.
16. Communications and Contact Information
All notices to a party shall be in writing and shall be made via email.
Notices to THE LEAD A.I. must be sent to
. You agree to
allow us to submit notices to you either through the email address you provided
when registering, or to any address we have on record. Notices are effective on
receipt.
THE LEAD A.I. may contact you regarding these Terms using any information
you provide, or by any other means if you do not provide contact Information.
If you no longer wish to receive communications from THE LEAD A.I., you can
click on the “unsubscribe link” provided in such communications or contact us
at
.
When you create a Platform account, you must designate a primary email
address that will be used for receiving electronic communication related to
these Terms. THE LEAD A.I. will never send you an email requesting confidential
information such as account numbers, usernames, or passwords, and you should
never respond to any email requesting such information. If you receive such an
email purportedly from THE LEAD A.I., do not respond to the email and notify THE
LEAD A.I. by emailing us at.
For all other feedback, comments, requests for technical support, and other
communications relating to the Platform or the Terms, please contact us by email
at:
If a term is capitalized in this document, that means it has a specific
definition. Here’s the list of definitions for capitalized terms.
17. Definitions
17.1. “Communication Surcharges” means any applicable communications service
or telecommunication provider (e.g., carrier) fees or surcharges related to
your use of the Platform.
17.2. "Feedback” means ideas You provide to THE LEAD A.I. regarding
improvements, enhancements, new features, new products, or other concepts
related to the Platform, Services, or other matters related to THE LEAD A.I.’s
business.
17.3. “Fees” means any fees associated with the Platform, including but not
limited to the monthly subscription services fee and any fees associated with
add-in Services that you may purchase.
17.4. "THE LEAD A.I. Marks” means the THE LEAD A.I. name and related
logos and service marks of THE LEAD A.I..
17.5. “Information” means data about You and Your customers that THE LEAD
A.I. collects on the Platform, including but not limited to information
required to create a Platform Account and use the Platform for the intended
purpose.
17.6. “Login Credentials” means the username and password used to access
your Platform Account.
17.7. “Platform” means any Services, Training, content, functionality,
communication channels, and software or other services or features offered to
customers on or through THE LEAD A.I.’s website or mobile application.
17.8. “Platform Account” means the account you created in order to access
and use the Platform.
17.9. “Platform Content” means content, data, features, and functionality,
including but not limited to text, graphics, videos, logos, button icons,
databases, music, sounds, images, or other material that can be viewed on the
Platform. Platform Content does not include User Contributions.
17.10. “Prohibited Conduct” means the behaviors described in Section 3.
17.11. “Services” means the variety of product integrations and services
that THE LEAD A.I. makes available on the Platform. Services may include Third
Party Services.
17.12. “Sub-Account” means a subscription for one business under a Platform
Account.
17.13. “Third Party Content” means content, promotions or offers provided by
third parties or links to external third-party websites that may be accessible
on the Platform.
17.14. “Third Party Services” means any Services or other services owned and
provided by a third party vendor that THE LEAD A.I. makes available to You as a
Service on or through the Platform.
17.15. “Training” means any training, information or suggested usages
conveyed by THE LEAD A.I. about the Platform.
17.16. “User Contributions” means content or materials that you post,
submit, upload, publish, display, or transmit on or through the Platform or to THE
LEAD A.I. directly.
17.17. “You” or “you” or any derivatives thereof means the individual who
accepted the Terms or the business entity that the individual represents. “You”
also includes any and all agents, employees, or third parties that are
authorized to act on your behalf.
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