Welcome
Welcome to LeadExcess, owned and operated by LeadExcess LLC (“platform,” “website,” “company,” “we,” “our,” or “us”)! This Terms of Service Agreement governs your use of our services, including both our public website (leadexcess.com) and our application dashboard (app.leadexcess.com), which together constitute the “platform” or “service.” We are excited to present our innovative system, meticulously crafted to help you maximize productivity while minimizing effort. This Agreement, along with our Privacy Policy and Refund Policy, outlines the rules and responsibilities that apply to your use of the platform. By accessing or using any part of the platform, you acknowledge and agree to be bound by these terms and conditions in full.
Acceptance and Changes to Terms
We urge you to thoroughly review these terms. By registering for an account or engaging with our platform, you fully acknowledge and accept these conditions. Please be aware that LeadExcess reserves the right to modify these terms as necessary, and your ongoing use of our services following any updates indicates your agreement to the revised terms. For ensuring compliance with legal standards, we recommend consulting with a legal professional to verify that your use of our platform is in alignment with these terms.
Updates to the Terms of Service
Announcement of Modifications: LeadExcess may periodically update or introduce new conditions to these Terms of Service. We will publish any alterations on the LeadExcess website. We encourage you to regularly review the Terms of Service to stay informed of any changes.
Consent to Updated Terms: By continuing to use the platform following any modifications to the Terms of Service, you are implicitly agreeing to the revised terms. Should you find the updated terms unacceptable, we advise discontinuing your use of the LeadExcess platform.
Account and Use of the Platform
Platform Account Ownership
You must provide complete and accurate information when creating an account. The platform is intended for business or professional use. You represent the account owner – either yourself or the business entity you represent.
Intended Use
Lawful Purposes: The platform is designed exclusively for lawful business purposes. You, as our client, are obliged to use the platform in compliance with all applicable laws and regulations, including marketing and communication laws such as the TCPA, CAN-SPAM Act, and state-specific data protection laws.
Prohibited Use of Contact Lists: The use of purchased, scraped, rented, or third-party contact lists without legally obtained and documented consent is strictly prohibited and constitutes a material breach of this agreement.
Client Consent Certification: You certify that all contact data uploaded into the platform, including phone numbers and email addresses, has been obtained legally and includes express, documented consent for the type of communications you intend to send, including promotional messages. You understand and agree that you are solely responsible for ensuring compliance with laws requiring express written consent for SMS marketing.
Client Interactions: You may use the platform to engage with your clients, including activities like sending invoices or managing appointments. However, the platform is not to be resold or offered as a standalone service to your clients.
Compliance with Regulations: You are responsible for ensuring that your use of the platform adheres to all relevant industry-specific regulations and legal requirements. This includes, but is not limited to, maintaining any necessary business licenses, data protection registrations, and compliance with financial and communication regulations.
State-Specific SMS/MMS Marketing Laws: Clients acknowledge that in addition to federal laws (such as the TCPA and CAN-SPAM), certain states have enacted or may enact additional requirements governing SMS, MMS, and other electronic marketing communications. These requirements may include, but are not limited to, registration or licensing with state authorities, bonding obligations, time-of-day restrictions, consent and opt-out standards, or restrictions on message frequency. Clients agree that they are solely responsible for understanding and complying with all such federal, state, and local laws and regulations applicable to their use of the platform. LeadExcess does not provide legal advice, does not monitor state legislative changes on behalf of clients, does not perform registrations or bonding, and bears no liability for a client’s failure to comply with Texas Senate Bill 140 or any similar legislation in other states.
Responsibility for Actions: You are accountable for all activities conducted under your account on the platform, including any actions taken toward your clients through the platform.
Client-Requested Actions and Liability
Client Responsibility for Data Legality: You ensure that all data used, including contact information, has been obtained legally and is compliant with all applicable laws related to consumer communications.
Consent Certification Upon Upload: By uploading any list of contacts, you explicitly certify that all individuals have given documented consent to be contacted, in the manner intended (e.g., SMS, email), and that such consent meets applicable legal standards, including express written consent for SMS marketing if applicable.
Indemnification for Client-Requested Actions: You agree to indemnify and hold harmless LeadExcess from any claim, fine, penalty, loss, or legal action arising out of actions performed at your request or arising from data you uploaded into your account.
No Assumption of Liability by LeadExcess: LeadExcess does not verify or monitor the legality of contact data uploaded into the system. You agree that LeadExcess bears no liability for the content or contacts you provide, and you assume full legal responsibility for your use of the platform.
Right to Refuse Service: LeadExcess reserves the right to refuse to perform any action or campaign if there is reason to believe it involves the use of non-compliant, unauthorized, or illegally obtained data or content.
Review and Compliance of LeadExcess’s Work
Review of Work: You are responsible for reviewing all work done by LeadExcess within your account, including automations, campaigns, and contact workflows.
Compliance Obligation: You must ensure all content and automations are in compliance with applicable federal, state, and local laws, especially those governing email and SMS marketing communications.
Indemnification for Non-Compliance: You indemnify LeadExcess against any legal issues, claims, or penalties arising from your failure to ensure compliance.
Final Approval and Use: Your use of the content and automations signifies your final approval and acceptance of responsibility for its legal compliance.
Third-Party Services Disclaimer
LeadExcess uses third-party service providers (including, but not limited to, Go High Level, Closebot, Twilio, OpenAI, and SendGrid) to deliver portions of its functionality. LeadExcess has no control over the availability, performance, or policies of these providers and shall not be held responsible for any interruption, degradation, or modification in service resulting from their systems. Any downtime, rate changes, or discontinued features by such third-party providers do not constitute a breach of this Agreement by LeadExcess.
Clients acknowledge that Closebot serves as the primary artificial intelligence provider powering conversational and automation features within the platform, and that Go High Level’s AI tools may also be utilized for select functionality. LeadExcess makes no representations or warranties regarding the continued performance, accuracy, or availability of any third-party AI models or services.
AI Content and Automation Disclaimer
Certain features of the platform utilize artificial intelligence (“AI”) to assist with communication, marketing, or workflow automation. While every effort is made to ensure accuracy and relevance, AI-generated responses may occasionally include errors or unintended outputs. LeadExcess does not guarantee the accuracy, legality, or appropriateness of AI-generated content and assumes no responsibility for actions taken based on such content. Users must review all AI-generated outputs prior to use and are solely responsible for ensuring compliance with applicable laws and industry standards.
Carrier Registration and Messaging Compliance
LeadExcess assists clients with required carrier registrations, including but not limited to A2P 10DLC and The Campaign Registry (TCR), as part of its onboarding and account-setup process. While LeadExcess facilitates registration and submits information to the appropriate providers on the client’s behalf, the client remains solely responsible for the accuracy and completeness of all information provided for such registrations and for ongoing compliance with all messaging regulations, including but not limited to the TCPA, CTIA, and carrier-specific rules.
LeadExcess shall not be liable for any message filtering, blocking, surcharges, fines, or suspensions resulting from inaccurate registration data, client-provided content, or excessive spam or complaint rates. Clients agree to promptly provide any documentation or updates requested by carriers or regulators to maintain compliance.
Intellectual Property Usage and Restrictions
Intellectual Property Protection: You acknowledge that the platform, including all associated software, content, automations, email and text templates, AI Prompts, and any modifications, customizations, or enhancements made to these elements, whether made by LeadExcess or by you within your account, are the exclusive property of LeadExcess LLC. LeadExcess LLC grants you a limited, non-transferable, non-exclusive license to access and use the platform solely for its intended purposes in accordance with these Terms of Service.
You agree not to, and will not permit any third party to:
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Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the platform.
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Copy, modify, adapt, translate, or create derivative works based on the platform, including but not limited to automations, email and text templates, AI Prompts, or any modifications, customizations, or enhancements made to these elements, without prior written consent from LeadExcess LLC.
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Extract, reproduce, or use any proprietary content, including but not limited to automations, email and text templates, AI Prompts, or any modifications, customizations, or enhancements, for any purpose outside the confines of the platform.
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Share access to the platform or any of its proprietary content with any third party without the express written consent of LeadExcess LLC.
Any unauthorized use, copying, or distribution of LeadExcess’s intellectual property is strictly prohibited and will result in immediate termination of your access to the platform. LeadExcess LLC reserves the right to pursue legal action, including seeking injunctive relief, to enforce its intellectual property rights.
Refund and Cancellation Policy
No Refunds: All payments made to LeadExcess for subscription services, one-time charges, communication credits, or any other services are final and non-refundable. This includes credits purchased for the purpose of using platform features such as sending emails, texts, and accessing premium services like AI, webhooks, etc.
Handling Chargebacks: In the event of a chargeback by a credit card company or other payment provider, LeadExcess reserves the right to dispute such chargebacks.
Subscription Cancellation Policy:
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Written notification is required at least 30 days prior to the intended cancellation date.
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Access continues until the end of the current billing cycle.
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No prorated refunds are issued.
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Exceptional refunds may be granted solely at LeadExcess’s discretion.
Automatic Billing and Price Adjustments
By subscribing, you authorize LeadExcess to automatically charge your designated payment method on a recurring basis for subscription fees, communication credits, and any applicable taxes. LeadExcess reserves the right to adjust pricing upon thirty (30) days’ written notice. Continued use of the platform after such notice constitutes acceptance of the updated pricing.
Payment Failures and Data Retention
If we are unable to process a payment for your subscription, we will notify you via email. You have seven (7) days from the original due date to resolve the issue by updating your payment method or submitting payment.
If payment is not received within fourteen (14) days from the original due date, your account may be suspended until the account is brought current. Suspension limits access to platform features but does not delete your data.
If the payment issue remains unresolved for thirty (30) days from the original due date, LeadExcess reserves the right to terminate your account. Upon termination—whether for nonpayment, cancellation, or any other reason—LeadExcess will retain your data for up to ninety (90) days unless otherwise required by law. After this period, all data, including contact information, messages, automations, and analytics, may be permanently deleted without further notice.
You remain responsible for any outstanding amounts, including any applicable late fees, chargeback fees, or collection costs incurred as a result of the payment failure. You are solely responsible for exporting or backing up your data prior to termination or deletion.
Legal Disclaimers & Liabilities
Disclaimers: The platform is provided “as is” without warranties. We are not liable for any damages, direct or indirect, arising from your use of the platform or from third-party integrations or services you connect to the platform.
No Guarantee of Results: LeadExcess does not guarantee specific outcomes, including but not limited to increased engagement, lead conversion, consultation bookings, or revenue growth. Results vary based on numerous factors outside LeadExcess’s control, including user implementation, message content, timing, and market conditions.
Limitation of Liability and Indemnification: Our liability is limited to the amount you paid for services during the one (1) month immediately preceding the event giving rise to the liability. You agree to indemnify us against any claims, fines, legal fees, damages, or penalties arising from your use of the platform, including use by third parties you grant access to, and including any claims related to unlawful or non-compliant communication with contacts.
Mutual Indemnification: Each party agrees to indemnify, defend, and hold harmless the other party and its officers, directors, and employees from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of (i) the indemnifying party’s gross negligence or willful misconduct, or (ii) any breach of this Agreement by the indemnifying party.
Force Majeure
LeadExcess shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, power failures, internet outages, acts of terrorism, strikes, or failures of third-party systems or providers.
Applicable Law and Dispute Resolution
Governing Law: These Terms of Service are governed by the laws of the State of Missouri.
Arbitration: All disputes arising out of or in connection with these terms shall be settled through binding arbitration in Platte County, Missouri, under the rules of the American Arbitration Association.
Entire Agreement and Severability
These Terms, together with the Privacy Policy and any applicable service agreements, constitute the entire agreement between you and LeadExcess regarding the platform and supersede any prior understandings or agreements. If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.
Contact Information
craig@leadexcess.com
(816) 608-6200