LeadCapture.io

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.
  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.
  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 Modify 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 through 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.

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.
  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 Must Be 18 or Older

  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 Account

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.

Intellectual Property

Copyright

  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 (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.

Trademarks

  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.
  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.

Limited License

LC grants you a limited license to access and make personal use of the Site and the Services. 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. You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering, of the Services.

Your Data and Compliance Responsibilities

End-Users Data

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.

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. 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.
  • 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.
  • 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.
  • Use of Registered Telephone Numbers. You agree to use only those telephone numbers that are registered and approved for your brand and business.
  • 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.
  • Ongoing Updates and Changes. You agree to promptly inform LC of any changes to your A2P 10DLC registration information.

Prohibited Data Collection

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. "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 billing information you provide directly to us).
  • Health or medical information subject to HIPAA, or any other health-related data.
  • Biometric data.
  • Any information considered sensitive under applicable privacy or data protection laws (e.g., GDPR, CCPA, GLBA).

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).

Any use of the Services in violation of this section is strictly prohibited and may result in immediate termination of your account.

Compliance with Laws

General Compliance

It is your responsibility to make sure this Agreement and your use of the Site and Services complies with all laws applicable to you. 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.

Your responsibilities include, but are not confined to:

  • 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 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.

TCPA Compliance

The federal Telephone Consumer Protection Act (the "TCPA") provides safeguards for consumers against unsolicited telephone calls or text messages. 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 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.

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.

No Fair Credit Reporting Act Characteristics

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.

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. The Services, their software, and their technology are subject to United States export control regulations.

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.

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 WILL NOT EXCEED $50.

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.

Indemnification

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, your breach of these Terms of Use, your failure to obtain your End-Users' opt-ins, any breach or inaccuracy related to your A2P 10DLC, FCRA, and TCPA compliance obligations, or from any data or communications you submit, post or transmit to or through our Services.

Governing Law

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.

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.

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. 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.