Welcome
Welcome to LeadExcess, owned and operated by LeadExcess LLC (“platform” “website” “company” “we” “our” or “us”)! We are thrilled to present to you our innovative system, meticulously crafted to maximize your productivity while minimizing effort. This Terms of Service Agreement, complemented by our Privacy Policy and Refund Policy, lays out the framework of rules and guidelines for utilizing our platform. By embracing these terms, you enter into a binding agreement with LeadExcess and recognize the authority of these terms in governing your interactions with us.
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.
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.
Responsibility for Actions: You are accountable for all activities conducted under your account on the platform, including any actions taken towards 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.
Indemnification for Client-Requested Actions: You agree to indemnify and hold harmless LeadExcess from any claim arising out of actions performed at your request within your account.
No Assumption of Liability by LeadExcess: LeadExcess is not responsible for verifying the legality or appropriateness of the data or content provided by you.
Right to Refuse Service: LeadExcess reserves the right to refuse performing any action if there is any reason to believe it may involve the use of 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.
Compliance Obligation: You must ensure all content and automations are in compliance with all applicable laws and regulations.
Indemnification for Non-Compliance: You indemnify LeadExcess against any legal issues 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 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:
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the platform.
- 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.
- 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.
- Share access to the platform or any of its proprietary content, including automations, email and text templates, AI Prompts, or any modifications, customizations, or enhancements, with any third party without the express written consent of LeadExcess LLC.
Any unauthorized use, copying, or distribution of LeadExcess’s intellectual property, including but not limited to automations, email and text templates, AI Prompts, and any modifications, customizations, or enhancements made to these elements, 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:
- Notification Requirement: Written notification is required at least 30 days prior to the intended cancellation date of your subscription service.
- Access Until Billing Cycle Ends: Upon cancellation, your access to the platform will continue until the end of your current billing cycle, with no prorated refunds.
- No Refunds for Early Cancellation: There will be no refunds for the remaining period of the subscription after cancellation, irrespective of usage.
- Exceptional Circumstances: LeadExcess may consider refunds or waivers in exceptional circumstances at its sole discretion. However, such decisions do not establish a precedent for future refund requests.
Legal Disclaimers & Liabilities
Disclaimers: The platform is provided “as is” without warranties. We’re not liable for any damages from your use of the platform or any third-party services.
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 claims arising from your use of the platform, including any use by third parties to whom you provide access in violation of these Terms of Service.
Applicable Law and Dispute Resolution: Disputes will be resolved through arbitration in Missouri, governed by the laws of the State of Missouri.
Contact Information: For any queries or notices, please contact us at craig@leadexcess.com.