Terms of Service

Subscription Terms 

Subscription-Based Services. The Services are provided on a subscription-based model. If you are subscribing to the Services, you will be provided with a monthly subscription. The applicable fees are set forth during the checkout process through the Services, or through other methods that may be provided by Company from time to time. If you choose to subscribe to the Services, you will be responsible for the fixed and/or periodic charges and fees (including prepayment fees and/or recurring fees) that you select at the time of purchase. Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge. Your payment to Company for a Premium Services subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Premium Services before the end of the then-current subscription period. You can cancel your subscription at any time. If you cancel your subscription, you will not receive a refund or credit for any amount that have already been billed and will remain responsible for any fees accrued but not yet paid prior to such cancellation. 

Additional Services. In addition to your base subscription, you may choose to subscribe to additional, optional offerings offered by Company from time to time, including but not limited to additional users, additional numbers, or other upgrades. Any fees associated with such additional services, as set forth at the time of subscription or purchase of such additional services, will be due at the time the additional services are activated on a pro-rata basis. 

Usage Fees. Certain features of the Services, including but not limited to minutes, SMS, and chatbot features, will be charged on a usage basis, as the rate published or otherwise set forth at the time of subscription to such services. Any usage-based fees will be in addition to monthly subscription fees and will be billed to you in arrears at the conclusion of each monthly subscription period, due and payable to Company in full within one (1) day following the issuance of the respective invoice or other accounting provided to you by Company. If any invoice issued to you by Company for usage-based fees is not paid in full by the fifth (5th) day following issuance of the respective invoice, Company reserves the right to disable your access to the Services, without liability. Company will reattempt the processing of such delinquent payments in 48-hour intervals thereafter, and access to the Services will remain disabled until all outstanding fees are paid in full, without liability. 

Late Payments. All payments outstanding for sixty (60) days or more following the applicable invoice date shall bear interest at the lesser of the rate of 8% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. You shall also reimburse Company for all reasonable costs incurred in collecting any late payments, including, without limitation, attorneys’ fees. In addition to all other remedies available under these Terms or at law (which Company does not waive by the exercise of any rights hereunder), Company will remain entitled to suspend the provision of any and all Services until all outstanding fees are paid in full, without liability. 

Price Changes. Company reserves the right to change its prices at any time, including recurring subscription fees or other fees applicable to the Services, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change or thirty (30) days after notice, whichever is later, and, by continuing to use the Services after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Services prior to the price change going into effect. 

Payment Information; Recurring Payment Authorization. By subscribing to a monthly subscription service subject to auto-renewal, you agree that Company will charge the payment method on file on the first day of each billing period for the subscription. You authorize Company or its Payment Processor to process regularly scheduled charges, on a recurring basis, to your designated payment method for the applicable amounts for the relevant Services and you agree that Company will only provide you with notice of a change of the payment amount if such change is due to any reason other than variance in sales tax, bank processing fees, or currency exchange fees. You will not dispute Company’s recurring scheduled transactions with your bank, provided the transactions correspond to these Terms or other terms you agree to with Company from time to time. If you wish to change your payment information, you can do so at any time by following the instructions in your account settings or contacting us at support@leadmate.ai. We will attempt to process all cancellation requests within seventy-two (72) hours after we receive your request. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. Deleting your account does not cancel your subscription to any Services and your payment method will continue to be charged in accordance with your subscription terms until cancelled pursuant to the instructions set forth by Company herein or as otherwise communicated from time to time.  

Discontinued Services. If you have prepaid fees directly to Company for a Services that Company permanently discontinues prior to the end of your then-current subscription term, Company will refund you the prorated portion of the prepaid fees for the then-current term after such discontinuation. Your account and billing information must be up to date in order for us to refund you.

Outages; Failures. Company has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other Services outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.

Refunds. Except as expressly set forth in these Terms, no refunds of any kind will be provided by Company to you for any fees related to the Services, including those paid for subscription-based services or additional services as you may incur from time to time in connection with your use of the Services. 

Access Charges. You are responsible for all charges and fees associated with connecting to and using the Services, including without limitation all telephone access lines (including mobile data and data roaming charges, when applicable), telephone and/or internet service provider fees, telephone and computer equipment, sales taxes, and any other fees and charges necessary to access the Services.

Free Trials. Company may offer you a free trial to allow you to try our Services for a period of seven (7) days or such other period offered by Company from time to time. Company reserves the right to set eligibility requirements and the duration for free trials. At the end of your free trial, Company will charge the relevant recurring subscription fee for the next billing cycle to your provided payment method, unless you cancel your subscription prior to the end of the free trial. Notwithstanding anything to the contrary herein, Company shall have no warranty, indemnity, support, or service level obligations with respect to trial-based subscriptions.

Third-Party Applications, Devices and Open Source Software

The Services may be integrated with, or may otherwise interact with, third-party applications, websites, and services (“Third-Party Applications”) and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices (“Devices”). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. Company does not guarantee that Third-Party Applications and Devices will be compatible with the Services.

User Account

You are responsible for maintaining the confidentiality of your account, and you agree to accept responsibility for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security you become aware of. We are neither responsible for, nor liable, for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge. 

By creating an account with the Services, you consent to receive communications from us electronically via the email address associated with your account. Although you can opt-out of receiving promotional communications, we reserve the right to email you informational communications about your account or administrative notices regarding the Services, as permitted under the CAN-SPAM Act.

You are expressly prohibited from selling, trading, or transferring your account (including but not limited to, selling, trading, or transferring emails associated with such account). We have final discretion in granting accounts and reserve the right to reject users without explanation.

Submission and Use of User Data 

We may make available certain functionalities, services, features, or sections that allow users to upload or submit data to the Services in order to enable calling, messaging, chatting, and other functionalities. You understand and agree that the accuracy, content and legality of all data, information, communications, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials (“User Data”), is the sole responsibility of the person from which such User Data originated. Therefore, you, and not Company, are solely responsible for all User Data that you upload, post, email, transmit, or otherwise make available through the Services.

As between you and Company, you will retain all right, title, and interest in and to your User Data. However, you hereby grant to Company a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense, or otherwise distribute and display your User Data to the extent necessary to provide the Services to you hereunder. 

You represent and warrant that you have all necessary rights, consents and permissions to collect, share and use all User Data as contemplated in this Agreement and otherwise in connection with your use of the Services. Without limiting the foregoing, you represent and warrant that you will not: (a) provide any User Data that is unlawful (according to local, state, federal or international law) or any User Data that advocates illegal activity; (b) provide any User Data that is defamatory, false, or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic or obscene material; (c) provide any User Data that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) provide any User Data that violates the intellectual property rights of other; (e) provide any User Data that contains software viruses or other harmful devices; (f) provide any User Data that constitutes sensitive personal information or protected health information under any law or regulation; or (g) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Data you provide.

Company disclaims any and all liability for any User Data emailed, messaged, communicated, transmitted, posted, or otherwise made available via the Services, whether through your own action or at your direction. The opinions expressed in postings or other User Data on the Services may not represent the views or opinions of Company or its advertisers, sponsors, affiliated or related entities. We do not represent or guarantee the truthfulness, accuracy, or reliability of any User Data. Any User Data on the Services is provided “as is.” You understand that by using the Services, you may be exposed to User Data that is inaccurate, offensive, indecent, or objectionable.  Under no circumstances will we be liable in any way for any User Data, including, but not limited to, for any errors or omissions in any User Data, or for any loss or damage of any kind incurred as a result of the use of any User Data emailed, messaged, communicated, transmitted, posted, or otherwise made available via the Services. You should be aware that your use of and reliance on User Data is at your own risk.

Company has no obligation to review, monitor, delete, or edit any information on the Services, including User Data. However, you acknowledge and agree that Company has the right to do so at any time in its sole discretion, for any reason or no reason, with or without notice. We shall not be liable for any alteration or deletion of any User Data. You acknowledge, consent, and agree that Company may access, preserve, and disclose any inappropriate conduct, your account information, and any User Data you submit if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Data violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Company, its affiliates, personnel, other users, and the public.

Notwithstanding anything to the contrary herein, you agree that Company may use anonymized or deidentified User Data to analyze, improve, support and operate the Services during and after the term of your agreement with Company, without limitation or restriction. 

Prohibited Conduct and Activities

Except as expressly provided in these Terms, and without altering the scope of the license granted to you, you are hereby prohibited from: (a) modifying, adapting, translating, copying, reproducing, imitating, distributing, publishing, or reselling the Services or any of the content on the Services; (b) bypassing any technical measures used to prevent or restrict access to any portion of the Services; (c) reverse engineering, decompiling, disassembling, or otherwise obtaining the source code of the Services, except as interpreted and displayed in a web browser; (d) using or attempting to use any data mining, robot, spider, or similar automated or manual data gathering and extraction tools to access the Services’ listings or content; (e) circumventing or attempting to circumvent the security of the Services; (f) interfering or attempting to interfere with the proper working of the Services or otherwise engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Company or users of the Services or expose them to liability; (g) altering or modifying, or attempting to alter or modify any part of the Services; (h) attempting to gain unauthorized access to any portion of the Services or any systems or networks connected to the Services through hacking, cracking, mining, phishing, or any other means; (i) accessing or attempting to access password protected, secure, or non-public areas of the Services, except as authorized by Company; (j) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or any systems or networks connected to the Services; (k) using reports, content, electronic documentation, or other materials available on the Services to feed any downstream product, application, or website; (l) engaging in any activity that markets another business or attracts Company users to a third party; (m) making commercial use of the Services or any of its content; (n) using the Services to stalk, harass, bully, or harm another person; or (o) engaging in or promoting illegal activities.