Terms of Use

Welcome to LEADCAPTURE.IO site and any of its mobile device applications or other applications and platforms. Please read these terms of use carefully before using the site and services offered by LeadForms LLC DBA LEADCAPTURE.IO  (“LC”, “us”, “we”). These terms of use (“Terms of Use” or “Agreement”) set forth the terms and conditions of our relationship and governs your use of the LEADCAPTURE.IO website (the “Site”) and the marketing and lead capture services, features, content, applications, mobile device applications, or apps offered by LC (collectively, the “Services”) to you (“you”, “your”).

Your use of the Site and/or the Services, and any or all of their features, is expressly conditioned upon your unconditional acceptance and agreement and compliance with these Terms of Use. Use of Site and/or the Services, and any or all of their features, in any fashion, including without limitation the use of any lead capture automation and data capture functionalities shall be deemed acceptance and agreement with these Terms of Use.  This Agreement applies to you, whether you are an individual or an entity acting by or through you as its authorized representative, or whether you represent, act or purport to represent or act for or on behalf of another person or entity, or yourself alone. This Agreement applies to you in whatever capacity in which you use this site, including but not limited to estates, companies, or individuals.   

You understand that by accessing or using the Site or Services, you are agreeing to comply with and be bound by the terms and conditions contained in this Agreement, which also incorporate LC’s Privacy Policy.  

IMPORTANT NOTICE: THESE TERMS OF USE CONTAIN AN ARBITRATION PROVISION, WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS AGAINST LC TO BINDING AND FINAL ARBITRATION IN THE UNITED STATES.  IN ADDITION, UNDER THE ARBITRATION AGREEMENT, (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST LC ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

OUR SERVICES 

1. The Services offer tools that allow users to build, launch, and manage various lead collection assets, including multi-step forms, simple forms, landing pages, and interactive quizzes. 
2. The Services main function is to facilitate the collection of data provided by users (collectively, your “End-Users”) of various online properties controlled and operated by you, including general websites, landing pages, multi-step funnels, and domains, and to provide features designed to assist with key tasks such as data verification, recording consent, and automatically routing the collected lead data to a specified destination. 
3. The Services include tools intended to assist with compliance efforts (but NOT guarantee compliance) by allowing users to capture and store consent details relevant to regulations such as TCPA, CCPA, and GDPR; users remain responsible for ensuring their overall compliance. For distribution, the Services handles the routing of captured lead data. 
4. You also understand that from time to time, particularly for business account owners, there might be specific features, pricing, deliverables, that are provided by and through an additional or separate set of contractual terms and conditions, in addition to this Agreement.

You are responsible for reviewing changes to this Agreement

1. This Agreement applies to all users of the Site and the Services.
2. LC may make changes to this Agreement from time to time without specifically notifying you.
3. LC will post the latest Agreement on the Site and may post it on LC’s mobile device applications, but it is up to you to review it before using the Site or Services.
4. If you continue to use the Site or Services after any of these changes, your continued use will mean that you have accepted any changes to the Agreement.
5. In addition, some services offered through the Site and the Services may be subject to additional terms and conditions specified by LC from time to time and your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
6. If LC provides updated versions of the Site and/or the Services and you do not accept these updated versions, you understand that you may not enjoy the most recent content, feature sets, and materials.
7. If you do not accept any updated versions of the Site and Services, LC shall not bear any liability for your decision.

Communications

By creating an account on our Services, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Subscriptions

1. Some parts of the Services are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
2. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or LC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting LeadCapture.io customer support.
3. A valid payment method, including a credit card, is required to process payment for your Subscription. You shall provide LC with accurate and complete billing information, including full name, address, state, zip code, telephone number, and a valid payment method. By submitting such payment information, you automatically authorize LC to charge all Subscription fees incurred through your account to any such payment instruments.
4. Should automatic billing fail for any reason, LC will issue an electronic invoice indicating that you must proceed manually within a specified deadline date with the full payment corresponding to the billing period.

Custom Form Builds, Edits, and Related Services

As part of our Services, LC offers custom setup, form builds, edits, optimizations, recommendations, and integration assistance on select subscription plans (not available on all plans). The following terms and limits apply to these services, subject to change at our discretion and unless otherwise agreed upon in writing:

• New Form Builds or Design Services: Any request for a new form build or design service from scratch will be completed within five (5) business days from the date of the request, subject to the complexity and scope of the project as determined by LC. You are limited to two (2) new funnel or form setups per month.
• Form Edit Requests: Any request to edit an existing form will be completed within three (3) business days from the date of the request, provided the request is clear and actionable. You are limited to five (5) new edits per month.
• CRM or Integration Requests: Any request for CRM setup or integration assistance will be completed within five to ten (5-10) business days from the date of the request, subject to compatibility and third-party system availability.
• Form Analysis or Conversion Rate Optimization: Any request for form analysis or conversion rate optimization is subject to LC’s discretion. Timelines and deliverables will be determined based on the scope of the request and communicated to you in advance. You are limited to one (1) analysis per quarter.

All timelines are estimates and may be affected by factors such as incomplete information, technical issues, or unforeseen complexities. LC will make reasonable efforts to meet these timelines but does not guarantee them. The above limits (2 new funnel/form setups per month, 5 new edits per month, and 1 analysis per quarter) are standard allocations and may be adjusted at LC’s discretion or by mutual agreement with you.

Indemnification for Custom Services

In addition to your other indemnification obligations set forth herein, you agree to indemnify and hold harmless LC, its employees, contractors, agents, and affiliates from any claims, damages, losses, liabilities, or expenses (including attorney’s fees) arising from: (i) issues with custom forms, including but not limited to forms breaking or malfunctioning; (ii) time lost due to delays or technical difficulties in implementing custom builds, edits, or integrations; or (iii) decreases in conversion rates or other performance metrics alleged to result from our custom services, optimizations, or recommendations. LC is not liable for outcomes dependent on third-party systems, user-provided data, or external factors beyond our control.

Fee Changes

• LC, at its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
• LC will provide you with reasonable prior notice of any Subscription fee changes, giving you an opportunity to terminate your Subscription before such change becomes effective.
• Your continued use of the Services after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by LC on a case-by-case basis; however, LC is under no obligation to grant any refund. Any refund determination will be made and granted at the sole and absolute discretion of LC and may be withheld in its entirety for any reason.

YOUR USE OF THE SITE AND SERVICES

Your registration and account security

When you use the Site or the Services you MAY be requested to provide LC certain registration and account information, which LC will rely on to provide you its products and services. The following are your obligations when creating, registering, and maintaining the security and accuracy of your account, in the event LC asks you to create an account:

• You will register your account for your own use and not for the use of another person, alter ego, or other identity.
• You will create only one account for yourself.
• You will not assign or transfer your account to anyone without first getting LC’s written consent.
• You will not provide false or misleading information when you register an account.
• If LC terminates or disables your account, you may not create another account without first getting LC’s written consent.
• You will keep your contact and other information requested by LC (such as business data, default delivery address, etc.) accurate and up-to-date.
• You will not share your password, let anyone other than you access your account, or do anything that might compromise the security of your account.
• If you select a username for your account, LC reserves the right to remove or reclaim it for any reason, including that it is inappropriate in LC’s sole determination. 

Confidentiality and Publicity

1. “Confidential Information” means any information disclosed directly or indirectly by one party (“Disclosing Party”) to the other party (“Receiving Party”) pursuant to these Terms of Use that is either designated as “confidential” or under the circumstances of disclosure or by the nature of the information itself should be reasonably understood by the Receiving Party to be the confidential information of the Disclosing Party. Confidential Information does not include any information which (a) is or becomes generally known and available to the public through no act or omission of the Receiving Party; (b) was already in the Receiving Party’s possession at the time of disclosure by the Disclosing Party, as shown by the Receiving Party’s contemporaneous records; (c) is lawfully obtained by the Receiving Party from a third party who has the express right to make such disclosure; or (d) is independently developed by the Receiving Party without use of the Disclosing Party’s Confidential Information. The parties agree that the Site and the Services are hereby deemed to be the Confidential Information of LC, and the End-Users Data defined below under the Section entitled You have the necessary rights to use the Services) is your Confidential Information. The terms (but not the existence) of these Terms of Use are each party’s Confidential Information. Neither party shall use the Confidential Information of the other party for any purpose except to exercise its rights and perform its obligations under these Terms of Use.
2. You shall limit access to and disclosure of our Confidential Information (including the Services) to its own employees strictly with a “need-to-know,” provided that such employees have executed an agreement with you with confidentiality provisions at least as restrictive as those contained herein. You shall immediately notify us upon learning of any breach of this Confidentiality and Publicity section. We shall not disclose any of your Confidential Information, except to exercise our rights and perform our obligations under these Terms of Use, and to our advisors or prospective investors or purchasers subject to a written obligation of confidentiality. Each party will take reasonable measures to protect the secrecy of, and avoid unauthorized disclosure and use of, the Confidential Information of the other party. A Receiving Party will use reasonable efforts to provide timely notice of compelled disclosure to facilitate confidential treatment of Disclosing Party’s Confidential Information, and will furnish only that portion of Confidential Information that it is legally required to disclose, after exercising reasonable efforts to obtain assurance that such information will receive confidential treatment.
3. If you register for an account to use the Services, you agree that we may disclose that you are a customer of ours, and may include your name and logo in any lists of customers of the Services and in other marketing collateral and press releases.

LC may add, edit, modify or delete anything on the Site or Services without notice

LC is committed to delivering a positive user experience and you understand that LC reserves the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or though the Site and the Services in its sole discretion, without notice. We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Site and the Services (in whole or in part) without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, except that to the extent you pay subscription fees to access or use the Services, you are only entitled to a prorated refund representing the unused (as of the date of termination) portion of any subscription fees that you have paid in advance if we permanently discontinue the Services in their entirety.

Limitations on the scope of our Services

1. LC does not guarantee that your End-Users will have opted-in for marketing communications.
2. LC is not responsible for the content of messages sent to customers using the Services. Although we provide a platform for automated communication, the content of messages sent through the Site and Services is solely your responsibility. 
3. You must ensure that your messages comply with all applicable laws, regulations, and guidelines. 
4. You are responsible for reviewing, modifying, and/or objecting to the content of any messages that LC may provide as part of its Services. LC is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from the use of the Services to send messages to customers.

You agree to let us monitor your activity on LC mobile device applications and the Site and Services

5. Because LC wants to continue to improve the Site and the Services for your benefit, we may monitor your activity on LC mobile device applications, as well as on the Site and Services.
6. By using any LC mobile device application or the Site and Services you specifically agree to allow LC to monitor you in this manner.
7. You understand, however, LC cannot and does not make any warranties or guarantees that: (i) any LC mobile device applications or the Site and Services, or any component thereof, will be made free from error or inaccuracy as a result of such monitoring or free from unauthorized and/or unacceptable use as a result of such monitoring; (ii) any statements or factual items presented by the Services will be free from error or authenticated; or (iii) LC will take any action in the event of any non-compliance with these Terms of Use.

You must be 18 or older to use the LC Site or Services

1. You understand that you may not use the Site or the Services where such use is prohibited.
2. You understand that the Site and the Services are intended solely for users who are eighteen (18) years of age or older and can legally form a binding agreement. 
3. Any use of or access to the Site or the Services by anyone under 18 is unauthorized. You represent and warrant that you are 18 or older. 
4. LC does not knowingly collect information from individuals who are less than eighteen (18) years of age.  

LC may terminate your use of the Site and/or Services without reason or notice to you

1. While LC respects its users, you agree that LC may terminate your use of the Site and/or the Services and prohibit you from accessing the Site and/or the Services, for any reason (including, without limitation, your violation of this Agreement and/or any Additional Terms, your use of the Site and Services and/or our products and services for unlawful or inappropriate purposes, in each case as determined by LC in its sole discretion), or no reason, and with or without notice. 

WHO OWNS WHAT AND HOW YOU CAN USE IT

The copyright to all content on the Site and Services is owned by the provider of that content

1. The Site and Services contain and may make available certain images, photographs, copy, text, layouts, templates, artwork, graphics, illustrations, logos, photos, audio, video, fonts, software tools, trademarks, service marks, and other materials and content that was provided and owned by LC or was provided by or belong to other users through various sources and channels, as well as third party stock images or other materials (collectively, “LC Content”). 
2. All LC Content is the intellectual property of LC or the intellectual property of parties or persons from which LC has licensed or otherwise acquired rights in such property. 
3. You are prohibited from selling, licensing, renting or leasing, modifying, retaining, copying, reproducing, distributing, publishing, or otherwise using any portion of the LC Content except as expressly allowed in this Agreement.
4. LC may and reserves the right to delete, modify, or add to, any part of the LC Content from time to time and at any time without prior notice. 
5. You may not copy, redistribute, use or publish any part of the LC Content, the Site, or the Services, except as allowed by this Agreement.
6. You do not acquire ownership rights to any content, document or other materials viewed through the Site or the Services. All rights in this Site and LC Content are reserved.
7. Any comments, suggestions, proposals or other feedback (collectively, “Feedback”) provided to LC in connection with the Site or Services including its content, shall be provided by the party submitting any such Feedback and received by LC on a non-confidential basis. All such Feedback shall become the property of LC. By submitting any such information you understand and agree that you are transferring and assigning, without charge, all rights, title and interest in Feedback and you agree that LC shall be free to use such information on an unrestricted basis.

You may not use trademarks appearing on the Site or Services in an infringing manner

1. You agree that Lead Capture, LEADCAPTURE.IO and other LC graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of LC or its affiliates (“Trademark Content”).
2. LC trademarks and trade dress may not be used in connection with any product or service that is not LC’s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits LC.
3. All other trademarks not owned by LC or its affiliates that may appear on the Site or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LC or its affiliates and may not be used by you.

You may use the LC Site and Services for limited purposes

1. LC grants you a limited license to access and make personal use of the Site and the Services.
2. LC does not grant you the right to download (other than page caching) or modify the Site and the Services, or any portion of the Site and the Services.
3. You understand LC does not grant you the right to: (a) resell or make commercial use (except as provided herein) of the Site and the Services or their contents; (b) make any derivative use of the Site and the Services or their contents; (c) download or copy account information for the benefit of a third party or merchant; or (d) use any data mining, robots, or similar data gathering and extraction tools.
4. You understand that the Site and the Services or any portion of Site and the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, other than as required for the limited commercial use granted herein. 
5. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of LC and our affiliates without express written consent.
6. You may not use any meta tags or any other “hidden text” utilizing LC’s name or trademarks without the express written consent of LC. Any unauthorized use terminates the permission or license granted by LC hereunder.
7. You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering, of the Services.
8. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of LC so long as the link does not portray LC, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
9. You may not use any LC logo, third party manufacturer or supplier logo, or other proprietary graphic or trademark as part of the link without express written permission.

Some portions of the Services rely on Supported Platforms

1. You acknowledge that the Site and Services interoperate with several third-party sites and services, including but not limited to Phonexa (lead distribution and performance tracking), LeadProsper (lead buying, selling, and routing), Leadbyte (lead capture and routing), Leadspedia (lead distribution and compliance controls), LeadConduit (real-time lead intake and validation), GoHighLevel (CRM, automation, and campaign management), TrustedForm (proof of consumer consent), Jornaya (lead journey and consent certification), WordPress (website and landing-page hosting), Unbounce (conversion-optimized landing pages), Zapier (workflow automation between services), Webhooks (real-time data transmission endpoints), Juiced (contact data enrichment), Opta (analytics and data insights), Facebook Pixel (ad attribution and conversion tracking), Google Ads (paid search and display advertising), Google Analytics 4 (website and event analytics), WhatConverts (call and lead attribution), Twilio (one-time passwords and two-factor authentication for leads), NeverBounce (real-time email address validation), and Real Estate API (data enrichment and address autocomplete) (collectively, the “Supported Platform(s)”).
2. In order to use the features of the Services related to the Supported Platforms, you may be required to register for or log into such Supported Platforms on their respective websites. By enabling such Supported Platforms within the Site or Services, you are allowing LC to pass your log-in information to these Supported Platforms for this purpose.

You have the necessary rights to use the Services

1. End-Users Data License. To the extent that LC’s Privacy Policy conflicts with other terms in these Terms of Use, LC’s Privacy Policy, as applicable, will control. In order to utilize the Services, you will supply or make available to us, information regarding the applicable End-Users (collectively, “End-Users Data”). You acknowledge that our provision of the Services is conditioned upon our receipt of correct and accurate End-Users Data. You are solely responsible for the End-Users Data. You hereby represent and warrant that the End-Users Data, your provision of the End-Users Data, and our use and disclosure of the End-Users Data in accordance with these Terms of Use (including LC’s Privacy Policy, as applicable), does not violate any third-party rights or any laws, regulations, or obligations imposed by any third party. In addition, you hereby represent and warrant that you have obtained or will obtain and maintain all necessary consents, approvals, and waivers to permit you and each third-party platform to provide us with or otherwise authorize our access to End-Users Data and to use and disclose to third parties End-Users Data as contemplated by these Terms of Use (including LC’s Privacy Policy, as applicable). We have no obligation to back up any End-Users Data and the End-Users Data we store may be deleted at any time. You hereby grant to LC, and you represent and warrant that you have the right to grant, for the purposes of exercising our rights and performing our obligations under these Terms of Use and providing and improving our products and services (collectively, to “Process”), an irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide, sublicensable license to the End-Users Data, in each case during and after the Term. To the extent that an agreement between LC and one of LC’s third-party providers requires LC to grant a license in the End-Users Data to such third-party provider, the scope of the license set forth in the foregoing sentence shall be deemed to include the rights necessary to enable LC to grant such license to the applicable third-party provider.
2. Your Restrictions for Submitting End-Users Data. You shall ensure that no End-Users Data: (i) violates, or that causes LC or LC’s affiliates, subsidiaries, or partners to violate, any applicable law, regulation, or order of any governmental authority in any jurisdiction; (ii) contains or embodies any trade secrets or information for which you have any obligation of confidentiality; (iii) infringes or violates, or may infringe or violate, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available; or (iv) in LC’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying the Service, or may expose LC or LC’s suppliers, licensors, or users to harm or liability of any nature. You must not use the Service to obtain any information regarding any person or entity in violation of any prohibition on you obtaining such information, including under any applicable law or regulation.

A2P 10DLC Registration and Compliance

U.S. telecommunications carriers require compliance with the Application-to-Person (“A2P”) 10DLC (10-digit long code) framework to ensure that SMS messages delivered to U.S. End-Users are properly authorized, transparent, and consent-based. In order for LC to provide the Services, including transmitting SMS messages to your End-Users on your behalf, your business must be successfully registered for A2P 10DLC. By accepting these Terms and using the Services, you acknowledge and agree to the following:

• Registration Accuracy and Responsibility. You acknowledge that you are solely responsible for the accuracy, completeness, and legality of all information submitted in connection with your A2P 10DLC registration, including your legal business name, brand details, campaigns, telephone numbers, privacy policy, and terms of use. All information must be truthful, current, and reflective of your legal entity. LC bears no responsibility for registration denials, trust scores, or outcomes that do not meet your expectations, and you assume all risks and potential consequences arising from your A2P 10DLC registration and any resulting trust scores. Any disputes or questions regarding registration determinations or trust scores must be addressed directly with the A2P 10DLC service providers.
• Submission of Required Documentation. You agree to provide LC with links to, or copies of, your website terms and conditions, privacy policy, and any other documentation required for A2P 10DLC registration (collectively, the “A2P 10DLC Registration Documentation”). You are solely responsible for the content and sufficiency of all submitted documentation. LC disclaims all liability for any inaccuracies, omissions, or defects in your registration materials, as well as any resulting suspension, cancellation, or loss of service.
• Authorized Representative Designation. You consent to act as the authorized A2P 10DLC representative for your company and to receive all notices, updates, and communications relating to your A2P 10DLC registration. You acknowledge that such communications may include operational updates, registration status notices, and legal or regulatory information. You represent that you have the authority to bind your company in matters relating to A2P 10DLC compliance and accept all associated legal and regulatory responsibilities.
• Use of Registered Telephone Numbers. You agree to use only those telephone numbers that are registered and approved for your brand and business as part of your A2P 10DLC registration when onboarding End-Users and conducting SMS campaigns. Compliance with registered use cases is required to maintain the validity and legality of your messaging activities under A2P 10DLC rules.
• Consequences of Non-Compliant Use. You acknowledge that using a telephone number outside of its approved or registered use case may result in penalties, including reduced trust scores, suspension or termination of your A2P 10DLC registration, interruption of service, and potential legal or regulatory consequences. LC shall have no liability for any such outcomes. You remain solely responsible for ensuring that all messaging campaigns conform to the approved use cases associated with each registered number.
• Ongoing Updates and Changes. You agree to promptly inform LC of any changes to your A2P 10DLC registration information. Failure to keep registration information current may result in suspension or termination of your access to the Services, with or without notice. LC shall not be responsible for any losses or issues arising from your failure to maintain accurate and up-to-date registration information.

Prohibited Data Collection

1. You may not use the Services to collect, store, or process any Sensitive Personal Information or other categories of restricted data unless expressly authorized in writing by LC in each instance (see also LC’s Privacy Policy. “Sensitive Personal Information” includes, but is not limited to:

• Social Security numbers or other government-issued identification numbers.
• Bank account numbers, credit card numbers, or other financial account details (outside of the billing information you provide directly to us for subscription payment).
• Health or medical information subject to HIPAA, or any other health-related data considered protected under applicable laws.
• Biometric data.
• Any information considered sensitive under applicable privacy or data protection laws (e.g., GDPR, CCPA, GLBA).

2. In addition, and notwithstanding the above, you are strictly prohibited from using the Services to:

• Collect data intended for use in consumer credit determinations, employment eligibility, insurance underwriting, or housing decisions. The Service is not a consumer reporting agency, and you agree not to collect, store, or process any information that would cause the Service or LeadForms LLC DBA LeadCapture.io to be characterized as such under the Fair Credit Reporting Act (FCRA).
• Collect, store, or process any information related to marketing, solicitation, or automatic dialing without securing all necessary consents, opt-ins, or permissions required under the Telephone Consumer Protection Act (TCPA), Canadian Anti-Spam Legislation (CASL), and similar laws. The responsibility for obtaining and maintaining proof of all necessary prior express consent, including the proper use of required consent capture tools, remains solely with you.

3. Any use of the Services in violation of this section is strictly prohibited and may result in immediate termination of your account. In addition to your other indemnification obligation set forth herein, you agree to indemnify and hold harmless LC from any liability, claim, or damages arising from your collection or misuse of Prohibited or Sensitive Data.

LC’s Copyright Policy

LC does not condone nor authorize activities on or through the Services that infringe copyright or intellectual property rights.  We will delete any infringing User Content if properly notified that such User Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of the material that you claim is infringing and where it is located on the Site or Services;
• Identification of the URL or other specific location on the Site or Services where the material that you claim is infringing is located;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at support@leadcapture.io.

LC reserves the right to terminate your account or any user account that it determines to be a “repeat infringer.” A repeat infringer is a user who has repeatedly been notified of infringing activity and/or has had User Content repeatedly removed from the Site or Services.

WHAT LAWS AND RULES YOU ARE RESPONSIBLE FOR FOLLOWING

Compliance with Laws Generally

1. It is your responsibility to make sure this Agreement and your use of the Site and Services complies with all laws applicable to you
2. You understand that LC may, in its sole discretion, refuse to offer the Site or the Services to any person or entity and change its eligibility criteria at any time.
3. You are solely responsible for ensuring that this Agreement complies with all laws, rules and regulations applicable to you.
4. You understand that your right to access the Site or Services will be revoked where this Agreement or use of the Site or the Services is prohibited and, if that is the case, you agree not to use or access the Site or the Services in any way.
5. You shall adhere to all national, state, and local statutes, decrees, rules, and authoritative mandates pertinent to these Terms of Use and your utilization of the Services and our offerings. This encompasses, but is not limited to, legal and regulatory frameworks governing data confidentiality, the transmission of personal information, telecommunications, and relevant marketing and advertising provisions.
6. Without limiting the scope of the foregoing obligation, you covenant that you will, at all times and at your sole expense, secure and maintain every necessary certification, credential, authorization, consent, permission, license, and permit required for you to fulfill your duties under these Terms.
7. Your responsibilities within this Legal Compliance Section include, but are not confined to, the following:

• Adhering to all U.S. telecommunications laws and regulations, including full compliance with the mandates of the Federal Communications Commission (FCC).
• Ensuring your communication campaigns are in conformance with all relevant U.S. marketing laws and regulations, including, but not exclusively, the CAN-SPAM Act, the TCPA, and other statutes governing commercial electronic marketing messages.
• Upholding conformity with any and all U.S. data protection and privacy laws applicable to your operations.

8. You acknowledge and fully agree that LC solely furnishes the technology platform for communications, and that LC neither creates nor exercises control over the substance of your messages or your decision to disseminate such messages to prospective End-Users. You accept that you bear the exclusive responsibility for the substance of your communications and for ensuring conformance with all applicable laws and regulations related to your employment of our Services for your messaging activities. This mandate extends to every form of communication facilitated by our Services, including, without limitation, text messages, telephone calls, emails, and social media outreach, irrespective of whether they constitute outbound campaigns, inbound campaigns, or any other category of outreach.
9. You understand and agree that while the Services include features designed to facilitate and assist with your compliance obligations under all applicable laws and regulations, the Services are in no manner warranted to you as guaranteeing such outcomes or compliance, nor do they relieve you of your own responsibilities to comply with, secure necessary opt-ins, and otherwise conform your business operations to all legal requirements.

TCPA Compliance

1. The federal Telephone Consumer Protection Act (the “TCPA”) provides safeguards for consumers against unsolicited telephone calls or text messages. To satisfy the requirements of the TCPA, businesses are required to procure a consumer’s express written agreement before sending automated marketing communications via SMS or calls (an “opt-in”).
2. When you directly furnish End-Users contacts to our Services, you explicitly assert and warrant that you have secured every necessary opt-in from those End-Users contacts, in accordance with pertinent statutes and regulations, including the TCPA. You understand, recognize, and agree that any unsolicited marketing messages delivered to End-Users who have not provided their opt-in consent may lead to severe statutory penalties.
3. You accept complete accountability for obtaining the requisite opt-ins for your End-Users and for defending and holding LC harmless (indemnifying LC) in alignment with these Terms of Use, should you fail to secure opt-ins when required by law or requested by the Services.
4. You understand and agree that while the Services are designed to facilitate and assist with compliance under TCPA, that in no manner have the Services been warranted to you as guaranteeing such outcomes or compliance, Or relieving you of your own responsibilities to comply, secure opt-ins, and otherwise conform your business operations to the TCPA requirements.

No Fair Credit Reporting Act Characteristics

1. You understand and agree that LC is not a consumer reporting agency as defined by the Fair Credit Reporting Act, 15 U.S.C. §1681 et seq. (“FCRA”), and that the Service does not include “consumer reports” as defined in the FCRA. You understand that any information provided to LC in order to use the Service has not been collected by LC for credit purposes and is not intended to be indicative of any consumer’s creditworthiness, credit standing, credit capacity, or other characteristics listed in Section 603(d) of the FCRA.

You agree to comply with LC’s conduct policies when using the Site or Services

We do our best to keep the Site and the Services safe and operational, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

• You will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, or in any way exploit the LC Content, Site, or Services except as expressly authorized by LC;
• You will not use the Site, Services, or any Goods in such a manner as to convey or obtain exclusive rights to any LC Content or part thereof;
• You will not take any action that imposes or may impose (as determined by LC in its sole discretion) an unreasonable or disproportionately large load on LC’s (or its third party providers’) infrastructure;
• You will not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site or Services, except to the limited extent applicable laws specifically prohibit such restriction;
• You will not interfere or attempt to interfere with the proper working of the Site and/or the Services or any activities conducted on the Site and/or the Services;
• You will not bypass any measures LC may use to prevent or restrict access to the Site and Services (or other accounts, computer systems or networks connected to the Site and Services);
• You will not run any form of auto-responder or “spam” on the Site and/or the Services;
• You will not use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site and/or the Services;
• You will not harvest or scrape any content or materials from the Site and/or the Services, or duplicate the site in any way;
• You will not copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
• You will not threaten, intimidate or harass another user;
• You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birth date, home address, IP address, credit card number, social security number, or other government-issued identification information) for commercial or unlawful purposes;
• You will not upload, post, transmit, share, store or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• You will not upload, post, transmit, share, store or otherwise make available any content (such as a picture on a profile page) other than those of a personal nature that: (i) are of you, (ii) are taken by you, or (iii) are original content created by you;
• You will not otherwise take any action in violation of LC’s guidelines and policies;
• You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birthdate, home address, IP address, social security number, or credit card number) for commercial or unlawful purposes.
• You will not falsely represent your identity or impersonate a third party, nor will you falsify or mislead third parties regarding your affiliation with any entity.
• You are solely responsible for all User Content. You shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of any statement or any other detail contained in the User Content.
• You will not use the Site and/or the Services in any manner or transmit any User Content that: infringes (or results in the infringement of) LC’s or any third party’s intellectual property or other rights; is (or you reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized, or pornographic material; does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to the location(s) of all other parties to the transaction, or; would cause LC to be in violation of any law or regulation, or to infringe any right of any third party; and 
• You will not transmit any User Content and will not use the Site and/or the Services in any way, intentionally or unintentionally, violates any applicable local, state, national and international laws, rules and regulations.

LC is not responsible for what happens outside of the Site and Services, including third party websites that the Site or Services may link to or advertise  

1. LC or its business partners may present advertisements or promotional materials via the Services.
2. Your dealings with, or participation in promotions of any third-party advertisers via the Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion.
3. You agree that LC is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Services.
4. You understand the Site and the Services may contain (or you may receive from LC, third parties or users) links to other web sites (“Third Party Sites”) or content posted, owned or originating from third parties such as, by way of example only, pictures, designs, photographs, graphics, text, sound, recipes, video, information, software, applications and any other content (“Third Party Content”).
5. You understand and agree that LC is not responsible for, and does not control, Third Party Sites and Third Party Content. You also understand and agree that LC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Third Party Sites and Third Party Content.
6. You acknowledge and agree that LC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Third Party Site or Third Party Content.

LEGAL CONDITIONS

United States Only Services 

Our Services are strictly intended for use only within the United States and are maintained by LC from U.S. offices. Any usage outside of the U.S. is rigidly forbidden and may lead to immediate termination or suspension of your access. The Services, their software, and their technology are subject to United States export control regulations. You are prohibited from exporting or re-exporting any Services components to individuals or entities on U.S. restricted lists (e.g., Specially Designated Nationals or the Table of Denial Orders). By using the Services, you affirm that you are not on any such list or located in a prohibited country.

LC’s liability is limited

1. LC is not responsible for any Third Party Sites, Third Party Content, Supported Platforms, or any other content posted on the Site or the Services, whether posted or caused by users of the Site or the Services, LC, third parties or by any of the equipment or programming associated with or utilized in the Site or the Services. You acknowledge that there are risks in using products or services provided by Third Parties (including but not limited to LC´s affiliates or Third Party vendors) through the Site, Services, and that LC cannot and does not guarantee any specific outcomes from use or enjoyment of any such products or services provided by Third Parties, and you hereby assume all such risks, liabilities or harm of any kind arising in connection with or resulting from such products or services provided by Third Parties. 
2. Any warranty provided by LC hereunder or otherwise in writing, shall extend solely to you and not to your clientele, customers, users, End-Users, investors, members, stakeholders officers, agents or representatives.
3. You understand that unless provided by LC in writing, LC does not give any warranty of fitness for a particular purpose, merchantability or non-infringement of any third party rights including intellectual property rights.
4. You understand that no LC Content or portion thereof may be used on its own as a trademark or service mark. 
5. LC reserves the right, in its sole discretion, to refuse to accept any User Content provided by you to LC or to refuse to process or fulfill any order at any time and for any reason. 

LIMITATION OF LIABILITY: NEITHER LC NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS INFORMATION, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF LC OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO THESE TERMS, ANY ORDER, OR YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE, THE SERVICE, OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE MAXIMUM TOTAL LIABILITY OF LC TO YOU FOR ALL CLAIMS OR DAMAGES ARISING UNDER OR RELATING TO THESE TERMS OR THE ORDERS, OR OTHERWISE RELATING TO THE SITE, THE SERVICE, OR ANY CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE TOTAL FEES, IF ANY, PAID BY YOU FOR YOUR ACCESS TO AND USE OF THE SITE OR THE SERVICE IN THE SIX MONTHS PRECEDING THE APPLICABLE CLAIM. IF A COURT FINDS THE MAXIMUM TOTAL LIABILITY UNDER THE PREVIOUS SENTENCE UNENFORCEABLE, THE MAXIMUM TOTAL LIABILITY OF LC TO YOU FOR ALL CLAIMS OR DAMAGES ARISING UNDER OR RELATING TO THESE TERMS OR THE ORDERS, OR OTHERWISE RELATING TO THE SITE, THE SERVICE, OR ANY CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED $50. YOU FURTHER AGREE THAT OUR SUPPLIERS AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS, THE SITE, THE SERVICE, OR ANY CONTENT. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

DISCLAIMER OF WARRANTY: YOUR USE OF THE SITE AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, IS AT YOUR SOLE RISK. THE SITE, THE SERVICE, AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE SITE, THE SERVICE, AND THE CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND ACCURACY, AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. LC AND ITS SUPPLIERS AND LICENSORS DO NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SITE OR THE SERVICE OR YOUR ACCESS TO ANY CONTENT. WE AND OUR SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT THE SITE, THE SERVICE, OR ANY CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT ANY RESULTS, DATA, INFORMATION, OR CONTENT OBTAINED OR DERIVED THROUGH THE USE OF THE SITE OR THE SERVICE OR ANY OF THE CONTENT WILL BE TIMELY, ACCURATE, COMPLETE, ERROR-FREE, OR SAFE, OR THAT ANY ERRORS IN THE SITE, THE SERVICE, OR ANY ERRORS IN ANY RESULTS, DATA, INFORMATION, OR CONTENT OBTAINED OR DERIVED THROUGH THE USE OF THE SITE OR THE SERVICE OR ANY OF THE CONTENT WILL BE CORRECTED. WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE, THE SERVICE, OR ANY CONTENT WILL CREATE ANY WARRANTY REGARDING THE SITE, THE SERVICE, OR ANY CONTENT THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, THE SERVICE, OR ANY CONTENT, THE DURATION AND SCOPE OF SUCH WARRANTY WILL BE THE MINIMUM POSSIBLE UNDER SUCH APPLICABLE LAW.

You agree to indemnify LC

You agree to indemnify, defend and hold harmless LC, its licensors, suppliers, and their/our respective directors, officers, employees, agents, affiliates, successors and assigns, from and against any and all third-party claims, actions, damages, losses, liabilities, costs (including reasonable attorneys’ fees) and other expenses that arise from or relate to your use of our Services, its content, our services, your breach of these Terms of Use, your failure to obtain your End-Users’ opt-ins as set forth in in this Agreement, any breach or inaccuracy related to your A2P 10DLC , FCRA, and TCPA compliance obligations as set forth in this Agreement, or from any data or communications you submit, post or transmit to or through our Services. LC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section, and you agree to cooperate as reasonably required in the defense of any such claim. You agree not to settle any such matter without the prior written consent of LC.

You agree that Pennsylvania law applies to this Agreement

Subject to the arbitration clauses included below, if there is any dispute arising out of the Site and/or the Services, by using the Site and/or the Services, you expressly agree that any such dispute shall be governed by the laws of the State of Pennsylvania, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Pennsylvania, in Delaware County, for the resolution of any such dispute.

Your general representation and warranty

You represent and warrant that:

• You will use the Site and Services in accordance with the Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside)
• You will use the Site and the Services so as not to infringe or misappropriate the intellectual property rights of any third party.

ARBITRATION and Other Terms Governing Disputes

1. You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights and or claims by LC regarding any underpayment or non-payment by you (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
2. You agree any arbitration shall take place in Delaware County, Pennsylvania in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. 
3. You agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any sale under these Terms.

Certain Claims; Jurisdiction 

1. Notwithstanding the “ARBITRATION and Other Terms Governing Disputes” Section of these Terms of Use or anything else to the contrary, LC may choose to file a claim against you for equitable relief in any court of competent jurisdiction in the event you breach or violate any terms contained in any of the following sections of these Terms of Use: “Compliance with Laws Generally”, “Confidentiality and Publicity”, “TCPA Compliance”, “No Fair Credit Reporting Act Characteristics”, “The copyright to all content on the Site and Services is owned by the provider of that content”, “You may use the LC Site and Services for limited purposes”, “You have the necessary rights to use the Services”. In the event the requirement to arbitrate disputes is found to be invalid or unenforceable for any reason, you agree that any legal action or proceeding between LC and you related to these Terms of Use, the Services, the Site, their content, or any other content, or your use of or inability to use any of the foregoing, shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Delaware County, Pennsylvania, and you agree to submit to the personal and exclusive jurisdiction of such courts. To the fullest extent permitted by applicable law, each party hereby expressly waives any right to a trial by jury in any action, suit, proceeding, or counterclaim of any kind arising out of or in any manner connected with these Terms of Use, the Services, the Site, or any other content, or your use of or inability to use any of the foregoing. 

LIMITATION OF TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Miscellaneous

This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.

A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

LC may assign its rights under this Agreement without condition.