Terms of Conditions

1. Introduction

Welcome to LeadDealer ("we," "our," or "us"). These Terms and Conditions govern your use of the LeadDealer website, platform, applications, and related services (collectively, the "Service"). By accessing or using our Service, you agree to comply with and be bound by these Terms and Conditions. Please read them carefully, as they contain important information about your rights and obligations.

2. Changes to the Terms of Service

We reserve the right to modify, alter, or update these Terms and Conditions at any time and at our sole discretion. Any changes will become effective immediately upon posting on our website or within the Service. Your continued use of the Service after any modifications constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any changes.

3. Changes to the Service

LeadDealer may, at its sole discretion, modify, add, or remove features, functionalities, or content from the Service without prior notice. We strive to enhance and improve the Service continually, but we make no guarantee that any specific feature or content will always be available. Your use of the Service is subject to the most current version and features available at the time.

4. Eligibility Restrictions

Access to and use of the Service is restricted to individuals who are at least 18 years old or the age of majority in their jurisdiction, whichever is greater. By using the Service, you represent and warrant that you meet these age requirements and any other eligibility criteria set forth in these Terms.

5. Your Account

In order to access certain features of the Service, you may be required to create an account. You are responsible for providing accurate and up-to-date information during registration and maintaining the confidentiality of your account credentials. You must not share your account with unauthorized users and are solely responsible for all activities that occur under your account. LeadDealer reserves the right to suspend or terminate accounts that violate these Terms.

6. Your License to the Service

LeadDealer grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal or internal business purposes only, in accordance with these Terms. This license does not grant you any rights to copy, modify, distribute, sell, or otherwise exploit the Service or any content therein, except as expressly permitted by us in writing.

7. Data Sharing and Rights: Our Free Services

When you provide Submitted Data through the Service, your understanding and agreement to the following terms are critical, except where we and you have entered into a Premium Services Agreement (or other agreement) that expressly supersedes these terms:

a. The Licenses You Grant To Us.

Your provision of Submitted Data to us, including personal or business-related information such as names, addresses, titles, or contact details, grants us several specific licenses, and you represent to us that you have the right to make this grant:

Perpetual and Irrevocable License: You grant us a perpetual and irrevocable license to access and use the Submitted Data in aggregated form. This allows us to develop and improve the Service and our data assets, with the assurance that we will not publicly refer to you or your company in relation to the data or violate any contract or law.
Rights to Third Parties: You provide us with the perpetual and irrevocable right to sublicense, share, or distribute the Submitted Data to third parties, including customers and business partners.
Creation of Derivative Works: You grant us the right to create derivative works, data models, or modeled data sets with the Submitted Data, and we will own these derivative works.
Aggregated, De-identified Form: You also agree that we can use, share, and distribute the Submitted Data in aggregated, de-identified form for any purpose and in any medium.

The licenses granted to us are non-exclusive, perpetual, and royalty-free, with the right to sublicense, assign, or transfer them at our discretion.

b. The Representations You Make To Us.

It's crucial that you possess the right to grant us the above licenses. If you don't, please refrain from providing any Submitted Data. You warrant and represent the following:

Rights and Permissions: You have all necessary rights and authority to provide the Submitted Data without violating any contracts or laws.
Age Limitations: The Submitted Data does not include information about individuals under 18.
Compliance with Specific Laws: You assure that providing the Submitted Data doesn't violate laws such as the U.S. HIPAA law or the GLBA.
Accuracy: You agree to provide true and accurate Submitted Data only related to living persons.

c. Nature of Exchange.

Our Service operates on a "co-operative" basis. In exchange for your Submitted Data, you receive access to Output Data that we hope is equally valuable to you. However, you agree that we may change these terms or the nature of the Service at our discretion. We may also alter the amount of Output Data or terminate your account for any reason, including any violation of these Terms of Service.

Additional rules or policies may be applied through the Service, and you agree to adhere to them as they are incorporated into these Terms of Service.

8. Financial Terms and Agreements for LeadDealer Service: Paid, Subscription, and Self-Serve Accounts

When engaging with LeadDealer through various paid or subscription-based accounts, understanding the following terms is critical to ensure a smooth and transparent business relationship:

a. Payment Structure and Flexibility:

Standard Payment Agreement: LeadDealer offers different payment plans including monthly or annual subscriptions, with options to customize services and payment terms. Special agreements may be formed, governed by further order forms.
Self-Serve Basis: LeadDealer sometimes operates on a “self-serve” basis, allowing you to select and purchase services as needed, including credits for data that expire at the end of your billing cycle. Careful selection is advised to ensure proper utilization within the billing cycle.

b. Financial Commitments and Procedures:

Fees Agreement: You must pay applicable fees as detailed in the order form (either paper or digital), abiding by the timetable set in the agreement. LeadDealer may change fees at its discretion, with written notice.
Dispute Resolution: Any disputes regarding fees must be raised within 60 days of receiving the initial invoice, or else they will be considered waived.
Payment Timeline: Invoices must be paid within 30 days of receipt. Unpaid amounts may incur finance charges and collection expenses, and services may be terminated if bills are over 60 days in arrears.
Taxes: You are responsible for all taxes related to the service except for those based on LeadDealer's net income.

c. Subscription Terms and User Licensing:

Subscription Duration and Renewal: Agreements follow an initial service term specified in the order form and auto-renew under the same duration, unless non-renewal is requested 30 days prior to the term's end.
User Licensing: Subscriptions are per-seat and permit only one license per individual user at any given time. While seats may be increased during a term, they cannot be decreased. Sharing or time-sharing of seats is not allowed.

d. Termination and Refunds:

Termination Rights: Either party can terminate the agreement with a 30-day notice, or without notice in the case of nonpayment. Full payment for services up to the termination date is required, and certain sections of the agreement may survive termination.
Fair Use and Credit Limit: LeadDealer's unlimited plans follow a fair use policy to prevent abuse. Specific credit limits are set for both non-paying and paying accounts on unlimited plans, unless a separate agreement specifies different terms.
Cancellation Policy and Credits: Subscription cancellations must be made prior to 11:59 p.m. Pacific time on the day before the next billing date. Payments are nonrefundable, and there are no credits for partially used periods. LeadDealer may provide credits or refunds at its sole discretion, without any obligation to provide them in the future.

9. Proprietary Rights: What We Own

The intellectual property rights, including patents, copyrights, trademarks, service marks, and trade secrets inherent in the Service, are owned exclusively by LeadDealer. This ownership extends to various aspects of the Service, such as:

Design and Features: The unique design, organization, presentation, and delivery of data within the Service are proprietary elements owned by LeadDealer. These may include specific layouts, algorithms, and methods that are essential to the way the Service operates.
Trademarks and Logos: The LeadDealer names and logos are protected trademarks. Copying, imitation, or unauthorized use of these trademarks, whether in whole or in part, is prohibited without prior written permission from LeadDealer.
No Ownership Transfer: These Terms of Service do not transfer or grant you any ownership, title, or interest in the aforementioned rights. Consequently, you are restricted from using the Output Data to create any derivative work, service, or product, and from reselling or re-licensing the Output Data in any manner or form.

10. Restrictions on Use of Output Data

The utilization of the Service or Output Data is subject to specific constraints and ethical standards. You are obligated to adhere to the following restrictions:

Compliance with Laws: You must not violate any federal, state, or international laws applicable to the U.S. Your usage must be in strict accordance with legal regulations.
Anti-Spam Legislation: You must adhere to the U.S. CAN-SPAM Act of 2003, the Canadian Anti-Spam Legislation (CASL), and the U.S. TCPA. Information on these laws is available through relevant channels.
No Illegal Advertising: The Output Data must not be used to advertise or promote illegal goods or services in the place where they are offered or to consumers.
Restrictions on Certain Services and Products: Using the Output Data to promote adult services (e.g., pornography or escort services), tobacco products, illegal gambling, or counterfeit goods is strictly prohibited.
No Fraud or Deception: Activities that defraud, deceive, or mislead anyone are forbidden.
Content Limitations: Transmission of content that is defamatory, dishonest, obscene, sexually explicit, or offensive is not permitted.
No Hate Speech or Discrimination: Promoting or engaging in discrimination, racism, harassment, or hate speech against any individual or group is not allowed.
No Promotion of Violence: Threatening or promoting violence is expressly prohibited.

11. Restriction on Use of Email Services

The integrity and effectiveness of our email services are vital for the success of both our users and LeadDealer as a whole. Misuse of these services can lead to unwelcome consequences, including legal issues and damage to our reputation. Therefore, the following practices are strictly forbidden and considered a violation of our policy:

Group Distribution Emails: Sending from group distribution emails such as addresses that start with hello@ or marketing@ is not allowed.
Compliance with Opt-out Laws: Failing to include opt-out messages in any commercial emails or not complying with applicable laws can lead to serious legal consequences.
Use of Fictional Identities: Using fictional identities, pseudonyms, or aliases to send emails is strictly prohibited.
Email Bounces: Sending emails that generate an unacceptable level of bounces can affect our servers and is not allowed.
Spam or Complaints: Sending emails that result in an unacceptable level of spam or complaints compromises our email reputation and will not be tolerated.
Malicious Content: Transmitting material that contains or links to harmful or malicious software, such as viruses or worms, is strictly prohibited.
Unsolicited or Harassing Messages: Using Lead Dealer's service to send unsolicited or harassing messages, including unsolicited emails or phone calls, is forbidden.

If you become aware of any violations of these policies, please notify us at support@leaddealer.ai. We reserve the right to determine compliance with this policy at our sole discretion.

12. Additional Restrictions on Use of the Service and Your Account

In addition to the restrictions related to email services, you also agree to adhere to certain limitations and constraints regarding the general use of our Service and your account:

Account Misuse: You may not allow any other person to use your account, utilize someone else's account, or share your credentials with anyone else.
Transmission of Fictitious Information: Transmitting information through the Service that is fake or fictitious is unacceptable.
Impersonation: Impersonating any person or entity, or misrepresenting your affiliation with a person or entity, is strictly prohibited.
Unauthorized Access: Accessing the Service in a way that exceeds your authority, including unauthorized logging into servers or email networks, is not permitted.
Automated Access: Accessing the Service in an automated manner, such as through bots or scripts, compromises our system's integrity and is forbidden.
Data Extraction: Extracting data from the Service in a way that exceeds our authorization or violates our terms or restrictions is prohibited. This includes using engines, tools, or other devices to navigate or search the Site beyond our provided search functions.
Reverse Engineering: Attempting to reverse engineer, decompile, or disassemble the Service, in whole or in part, is strictly against our terms.

13. Special Terms for Use of Customer Personal Data of or Output Data About European Data Subjects

If you request and receive Output Data about European Data Subjects (residents of the European Economic Area, Switzerland, or the United Kingdom), you must agree to certain conditions regarding the use of this European Output Data:

a. Allowed Usage of European Output Data:

You may use the Output Data only in the following situations, in addition to complying with other consent or permission requirements:

Data Validation or Updating: For reasonable and actual data validation or updating of your legally obtained customer database, e.g., updating customer information.
Explicit Consent: When you have obtained explicit consent from the data subject of the Output Data, sufficient to comply with the GDPR consent requirements.
Legitimate Business Interests: For purposes you have established as necessary for your legitimate interests in business-to-business relationships, provided you comply with the GDPR and other legal requirements.

b. Responsibilities as Data Controller:

When dealing with European Output Data, you acknowledge that you are the data controller, and LeadDealer is your data processor under GDPR. You must:

Obtain all required consents or establish another basis for processing the Output Data, if applicable.
Make available all required data subject rights.
Comply with all provisions of the GDPR and other European data protection rules applicable to data controllers.

c. Prohibition on Submitting European Data Without Consent:

You agree not to provide any Submitted Data about European Data Subjects to us unless you have obtained legally sufficient consent from the data subject of that Submitted Data.

d. Compliance with LeadDealer Data Processing Agreement:

To the extent that LeadDealer processes any Customer Personal Data subject to the GDPR or other European data protection rules on your behalf, the terms of the LeadDealer Data Processing Agreement shall apply. If you are located in the European Union, the United Kingdom, Switzerland, or the European Economic Area, the Standard Contractual Clauses adopted by the European Commission, attached to the Data Processing Agreement, also apply.

e. Precedence of This Section:

This Section 13 supersedes and takes precedence over any separate agreement or terms that we may enter into with you concerning any data licensed from you to us or from us to you.

f. Required Consumer Consents and Permissions:

In some regions, additional consents, notices, and permissions may be required for marketing or personal data processing. You understand that, while LeadDealer seeks to comply with legal obligations, Lead Dealer has not obtained rights or consents on your behalf. If you need to provide notice or obtain consent to market to any person or process personal data, you agree to obtain such notices or consents on your behalf.

14. Privacy Policy

a. Commitment to Privacy: LeadDealer values the privacy of its users. This section outlines our commitment to protecting your personal information and how we use and share that information. Our Privacy Policy is an integral part of these Terms of Service and must be read and understood in conjunction with them.

b. Collection of Information: We may collect various types of information, including personal information, usage data, and other information related to your interaction with our services. The collected data may include names, addresses, email addresses, phone numbers, preferences, interests, and other information that helps us tailor our services to you.

c. Use of Information: We use the information collected for various purposes, including to:

Provide, maintain, and improve our services.
Communicate with you and respond to your inquiries.
Enhance your experience with our platform.
Comply with legal obligations and enforce our rights.

d. Sharing of Information: We may share your information with third parties in certain circumstances, such as:

With your consent.
To fulfill a legal obligation.
With business partners and service providers who help us operate our services.

e. Security Measures: We take reasonable precautions to protect your information from unauthorized access, loss, misuse, or alteration. However, no method of transmission or storage is 100% secure, and we cannot guarantee complete security.

f. Third-Party Links: Our services may contain links to third-party websites or services that are not operated by us. We are not responsible for the content or privacy practices of those third-party sites. You are encouraged to review their privacy policies and practices.

g. Updates to the Privacy Policy: We may update our Privacy Policy from time to time. Any changes will be posted on our website, and your continued use of our services signifies your acceptance of any updates.

h. Contact Information: If you have any questions or concerns about our privacy practices, please contact us through the contact information provided on our website.

15. We May Monitor the Service

a. Monitoring Activities: LeadDealer reserves the right to monitor and analyze user activities on our service. This monitoring may include, but is not limited to, tracking user interactions, analyzing usage patterns, and assessing compliance with our terms and policies.

b. Purpose of Monitoring: The purpose of our monitoring activities is to:

Enhance the security of our service.
Improve the functionality and user experience.
Detect and prevent fraud, abuse, or unauthorized access.
Ensure compliance with our terms, policies, and applicable laws.

c. Disclosure of Monitoring: Users should be aware that their activities within the service may be monitored. While we endeavor to maintain the confidentiality of information obtained through monitoring, we may disclose information if required by law, regulation, or government request.

d. User Responsibilities: Users are responsible for their actions within the service and must comply with all applicable laws and our terms and policies. Any misuse of our service may result in termination of access and legal action.

e. Cooperation with Law Enforcement: We may cooperate with law enforcement and other governmental agencies in their investigations and provide information obtained through monitoring if legally required or permitted to do so.

f. No Obligation to Monitor: While we reserve the right to monitor the service, we are not obligated to do so. We do not guarantee that we will detect or prevent all violations of our terms, policies, or applicable laws.

g. Consent to Monitoring: By using our service, you consent to our monitoring activities and acknowledge our rights and responsibilities as described in this section.

16. Disclaimer of Representations and Warranties

a. No Warranties: The LeadDealer service is provided "as is," without any express or implied warranties or representations of any kind. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, or any warranties arising from course of dealing, usage, or trade practice.

b. No Guarantee of Accuracy: While we strive to provide accurate and up-to-date information through our service, we do not guarantee or warrant the accuracy, completeness, or reliability of any content, data, or information provided.

c. No Guarantee of Availability: LeadDealer does not guarantee continuous, uninterrupted, or secure access to our service. Access may be interrupted or unavailable due to maintenance, updates, technical issues, or other factors beyond our control.

d. No Endorsement: References or links to third-party products, services, or websites do not imply endorsement by Lead Dealer. We are not responsible for the content, products, services, or practices of any third-party entities.

e. Limitation of Liability: To the maximum extent permitted by applicable law, LeadDealer, its affiliates, and service providers shall not be liable for any direct, indirect, consequential, special, incidental, or punitive damages, including but not limited to, loss of profits, data, or goodwill, arising from or related to the use or inability to use our service.

f. User's Responsibility: Users are responsible for their use of the service, including compliance with applicable laws, regulations, and our terms and policies. Users must exercise caution, judgment, and common sense in their use of our service.

g. Indemnification: You agree to indemnify and hold harmless LeadDealer, its affiliates, and service providers from any claims, liabilities, damages, losses, or expenses, including legal fees, arising from your use of the service or violation of these terms.

17. Limitation of Liability

a. General Limitation: LeadDealer, its affiliates, suppliers, and service providers shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the service, even if we have been advised of the possibility of such damages.

b. Cap on Liability: To the extent permitted by applicable law, LeadDealer's total liability to you, for any cause whatsoever, will be limited to the amount paid by you to Lead Dealer for the service during the term of your subscription, if any.

c. Exclusions: Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, Lead Dealer's liability shall be limited to the greatest extent permitted by law.

d. Force Majeure: LeadDealer shall not be liable for any failure or delay in performing its obligations due to circumstances beyond its reasonable control, including but not limited to, acts of nature, governmental actions, strikes, wars, or interruptions in telecommunications or internet services.

e. Responsibility for Decisions: You acknowledge that you are solely responsible for any decisions made or actions taken based on the information, content, or data provided through our service. LeadDealer shall not be liable for any decisions, actions, or inactions on your part.

f. Indemnification by User: You agree to indemnify, defend, and hold harmless LeadDealer, its affiliates, suppliers, and service providers from and against all claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, arising from or related to your misuse of the service or violation of these terms.

g. Time Limit for Claims: You agree to bring any claim or cause of action arising from or related to your use of the service within one year from the date on which such claim or action arose or was accrued, or such claim shall be permanently barred.

18. Arbitration and Class-Action Waiver

a. Overview and Agreement to Arbitrate

The Federal Arbitration Act governs these provisions. By agreeing to these Terms of Service, you are willingly committing to settle any disputes or claims through arbitration rather than litigation. Here's a closer look at the process.

b.Initial Dispute Resolution

Before jumping to legal action, both parties must make a sincere effort to resolve any issues amicably. This initial step involves contacting support and attempting to find a solution within ten days.

c. Binding Arbitration Procedure

If the dispute is unresolved after ten days, arbitration becomes mandatory. The process will be overseen by JAMS according to their rules, without permitting class actions or other representative actions.

d. Governing Arbitration Rules

The detailed rules set by JAMS will apply, empowering the arbitrator to grant relief as available under law. How to initiate arbitration and associated costs are clearly defined.

e. Location and Convenience

For U.S. residents, arbitration may take place anywhere within the country that is convenient for you. For non-U.S. residents, it shall be in San Francisco County, California.

f. Class Action Waiver

Both parties agree that arbitration will only be conducted individually, waiving the right to initiate or participate in class actions.

g. 30-Day Right to Opt Out

You have the option to opt out of these arbitration terms by sending written notice within thirty days from the first time you agree to these terms.

h. Changes to This Section

Any changes to this arbitration section will be provided 60 days' notice, affecting claims arising after the 60th day. If this subsection is deemed unenforceable, the first agreed-upon section will be applied.

i. Survival of This Section

The arbitration agreement will persist beyond any termination of these Terms of Use.

j. Limitations to This Agreement to Arbitrate

Certain exceptions apply, such as claims related to intellectual property or issues that can be handled in small claims court.

k. Governing Law

The relationship between you and LeadDealer will be governed by California law. Any claims not subject to arbitration will be handled by courts in San Francisco County, California.

19. Indemnification

In layman's terms, this section means that you're taking responsibility for any legal troubles that might come up because of your use of LeadDealers's Website or Service. Here's what it breaks down to:

Your Responsibilities: If you use the website or services in a way that breaks the law or these terms, and it causes problems, you've got to cover all the costs. This includes paying for any damages and legal fees.
LeadDealer's Rights: While they're not obligated to do so, LeadDealer can jump in and help defend against these claims using their own lawyers. However, you can't settle any of these claims in a way that obligates Lead Dealer without their written approval.
Third-Party Rights: There are some folks connected to LeadDealer (like family members of the company, agents, and so on) who are also protected by this section.

20. Other

Here's a mix of different terms and conditions that sort of wrap up the legalities:

a. Complete Agreement and Understanding: Basically, these Terms are the whole agreement between you and LeadDealer, and they override any previous agreements, unless there's something specific in writing.
b. Our Relationship With You: You and LeadDealer are like two independent contractors working together. There's no partnership or employer-employee relationship here, so don't get any ideas.
c. Assignment and Waiver: LeadDealer can shift around these Terms as they please, but you can't hand them off to someone else. If either party doesn't enforce part of these Terms, it's not like giving up that right forever.

21. Account Security

This one's all about keeping things safe and secure, but Lead Dealer doesn't make any promises. Here's what it covers:

What You Need to Do: Keep your connection encrypted, update your OS and antimalware, and take care of any terminated employees' access pronto. Also, you've got to tell LeadDealer within 72 hours if anything sketchy happens that could affect them, like compromised credentials or stolen laptops.
Keeping Things Confidential: Your user IDs, passwords, and any information about LeadDealer's intellectual property or secrets must be kept under wraps.
Vulnerability Reporting: If you sniff out any weak spots in LeadDealer's security, give them a holler at their support email, and they'll check it out.

22. Linked Services

Ever find yourself on a site that's got links to other places on the web? That's what this section is about:

Links to Other Sites: The Service might contain links to other websites that LeadDealer doesn't own or control. Sometimes, they might even offer up content from these sites, like special promotions or information.
Responsibility: Here's the kicker - Lead Dealer doesn't take any responsibility for these third-party websites or content. So, if you decide to click on one of those links, you're doing it at your own risk. LeadDealer washes their hands of any liability tied to these third-party sites.

23. Termination

It's like breaking up but in legal terms. This part talks about how either party can end this Agreement:

Ending for a Breach: If one side messes up big time and breaches the Agreement, the other party can end things immediately. They have to give a 30-day notice (or 10 days if it's about non-payment) to fix the issue.
Ending for Convenience: With paid subscriptions, LeadDealer can end the Agreement just because they feel like it, but they've got to give you a heads-up with a 30-day notice. For unpaid accounts, either side can end things right away with a written notice.
How to Send Legal Notices: If you're sending a legal notice like a termination notice, here's the address to mail it to or the email to send it to.
After Termination: Once the Agreement's done, you can't access the Website or Services anymore. Some parts of the Agreement keep going, though.

24. Severability

Think of this one like a chain made of different links. If one link breaks, it doesn't mean the whole chain falls apart:

Invalid Provisions: If a court finds any part of these Terms to be invalid or unenforceable, it doesn't mean the whole Terms are thrown out.
Separate Provisions: Each part of the Terms is like its own separate link. If one is invalid, the others still stand strong and separate from each other.

25. Force Majeure

Ever heard the phrase "it's out of my hands"? That's basically what this section is all about.

What It Means: Neither party will be held responsible if they can't do what they're supposed to under these Terms, but only if it's something really out of their control. We're talking big stuff here, like strikes, wars, acts of God (like floods or earthquakes), and even hacker attacks.
Excused Performance: If something like this happens, the affected party gets a pass for not performing or for being late with their duties. It's like if you were late for work because of a giant snowstorm. It's not something you could control, so you wouldn't be blamed for it.