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. Clients should consult their own legal counsel regarding laws and regulatory requirements applicable to their business and use of LeadExcess.

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.

Client Compliance Responsibility

Client is solely responsible for determining, understanding, and maintaining compliance with all federal, state, local, and international laws, regulations, rules, industry standards, carrier requirements, platform policies, and other requirements applicable to Client’s business and Client’s use of the platform.

This responsibility includes, without limitation, requirements relating to advertising, marketing, email, SMS and MMS communications, consumer consent, privacy and data protection, artificial intelligence, automated communications, disclosures, opt-out requirements, recordkeeping, and any industry-specific regulations applicable to Client.

Laws, regulations, industry standards, carrier requirements, platform policies, and technology-related compliance requirements may change over time. LeadExcess does not provide legal advice and is not responsible for monitoring such changes on behalf of Client, determining which requirements apply to Client, notifying Client of changes in applicable law or regulation, or continuously reviewing or updating Client’s account to maintain compliance.

Client is responsible for consulting qualified legal counsel or other appropriate professionals when necessary and for making or requesting any changes to Client’s account, messaging, workflows, automations, forms, disclosures, consent language, or other configurations that may be required as a result of changes in law, regulation, industry standards, carrier requirements, or platform policies.

From time to time, LeadExcess may provide general information, recommendations, templates, configuration assistance, or notices regarding compliance-related matters. Any such assistance is provided as a convenience and does not constitute legal advice, create an obligation for LeadExcess to identify future compliance requirements, or transfer Client’s compliance responsibilities to LeadExcess.

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 Account Control and Modifications

Client may have administrative access to and control over portions of Client’s account, including messaging, workflows, automations, AI instructions, forms, disclosures, settings, integrations, and other configurations.

Client is responsible for any modification, removal, replacement, or alteration made by Client or by any employee, contractor, agent, or other person provided access to Client’s account.

This responsibility includes changes to AI disclosures, consent language, opt-out language, automated messaging, AI instructions, compliance-related settings, and other configurations originally created, recommended, or implemented by LeadExcess.

LeadExcess is not responsible for continuously monitoring Client’s account to determine whether Client or another authorized user has altered a configuration previously implemented by LeadExcess.

Client assumes responsibility for the consequences of modifications made by or at the direction of Client after implementation by LeadExcess, including any resulting compliance issues, claims, penalties, losses, or regulatory actions, except to the extent responsibility cannot lawfully be limited or allocated under applicable law.

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, arising from data you uploaded into your account, or arising from modifications made by or at your direction to messaging, automations, AI instructions, disclosures, consent mechanisms, workflows, compliance-related settings, or other account configurations.

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.

Artificial Intelligence and Automated

Communications

Certain features of the platform utilize artificial intelligence (“AI”) and automated systems to communicate with contacts, generate responses, assist with marketing activities, and perform workflow functions. AI-generated responses may occasionally contain errors, omissions, inaccurate information, or unintended outputs. LeadExcess does not guarantee the accuracy, completeness, legality, or appropriateness of every AI-generated communication or action.

Client is responsible for ensuring that its use of AI and automated communications complies with all laws, regulations, disclosure requirements, transparency requirements, consumer protection requirements, and industry-specific rules applicable to Client’s business.

This includes responsibility for determining whether and how contacts must be informed that they are interacting with an AI or automated system, whether additional disclosures or notices are required, and whether access to a human representative or other safeguards must be provided.

Client agrees not to intentionally configure, instruct, or use an AI assistant in a manner designed to falsely represent the AI assistant as a human being or otherwise mislead contacts regarding the automated nature of the interaction where such representation or omission would violate applicable law.

LeadExcess may provide recommended AI disclosures, prompts, configurations, or other compliance-related settings as part of its services. Client acknowledges that legal and regulatory requirements regarding artificial intelligence are evolving and that LeadExcess does not undertake an ongoing obligation to monitor such requirements on Client’s behalf or automatically modify Client’s account in response to future changes.

Client remains responsible for periodically reviewing its AI usage, messaging, disclosures, workflows, and configurations and for requesting or implementing changes necessary to maintain compliance with requirements applicable to Client.

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, source code, object code, system architecture, workflow structures, automation logic, campaign frameworks, AI configuration methodologies, prompt engineering systems, email and text templates, scripts, documentation, onboarding materials, training materials, strategic methodologies, naming conventions, and all related content (collectively, the “Proprietary Materials”), are the exclusive property of LeadExcess LLC.

This includes all modifications, customizations, enhancements, and derivative works made within your account, whether created by LeadExcess or configured by you.

Limited License

LeadExcess grants you a limited, non-transferable, non-exclusive license to access and use the platform solely for its intended business purposes in accordance with these Terms.

You agree not to, and will not permit any third party to:

Reverse engineer, decompile, disassemble, analyze, or otherwise attempt to derive the source code, structure, or underlying ideas of the platform.
Copy, replicate, model, recreate, adapt, translate, or create derivative works based on the platform’s automation structures, workflow architecture, campaign logic, AI prompt systems, strategic methodologies, or other Proprietary Materials.
Extract, reproduce, export, or use any Proprietary Materials outside the platform for any purpose, including the development of a competing software product or service.
Use knowledge gained through access to the platform to develop, assist in developing, or commercialize a competing automation system, SaaS product, or AI-driven marketing tool.
Share access to the platform or its Proprietary Materials without written consent.

Unauthorized use, copying, competitive use, or distribution of LeadExcess’s Proprietary Materials will result in immediate termination of access and may result in legal action, including injunctive relief.

Confidential Information and Non-Circumvention

Confidential Information includes non-public information such as system architecture, workflow logic, AI prompt strategies, strategic frameworks, documentation, business processes, pricing structures, and operational methodologies.

You agree not to disclose or use Confidential Information outside authorized use of the platform.

You further agree not to use knowledge gained through the platform to circumvent LeadExcess by creating, offering, or assisting in the creation of a competing system substantially derived from LeadExcess’s Proprietary Materials.

These obligations survive termination of your account.

Refund and Cancellation Policy

LeadExcess operates on a subscription basis and does not require a long-term contract. You may cancel your subscription at any time in accordance with the terms below.

No Refunds

All payments made to LeadExcess are final and non-refundable. This includes, but is not limited to:

Monthly subscription payments
Annual subscription payments
Discounted multi-account plans
Communication credits
Setup fees
One-time charges

No refunds, partial refunds, or prorated refunds will be issued for any reason, including early cancellation, unused time remaining in a billing cycle, or unused communication credits.

Cancellation Policy

You may cancel your subscription at any time by providing written notice to LeadExcess.

Upon cancellation:

Your subscription will remain active through the end of your current paid billing period.
You will continue to have access to the platform and services until your next billing date.
No additional charges will be applied after cancellation.
No refunds will be issued for payments already made.

For annual subscriptions, cancellation prevents future renewal but does not entitle the client to a refund for any unused portion of the annual term.

Chargebacks

Initiating a chargeback does not cancel your subscription and does not negate your payment obligations. LeadExcess reserves the right to dispute any chargeback and recover any associated fees, costs, or damages.

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, including any claims related to unlawful or non-compliant communication with contacts, and including claims arising from modifications made by or at your direction to messaging, workflows, automations, AI instructions, AI disclosures, consent mechanisms, compliance-related settings, or other account configurations.

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