Last Updated: April 29, 2025
1. Introduction and Acceptance of Terms
Welcome to LeadWorks.io LLC (“LeadWorks.io,” the “Company,” “we,” or “us”). These Terms and Conditions (“Terms”) govern your access to and use of our website (including any subdomains) and our digital software-as-a-service platform and related services (collectively, the “Service”). By creating an account, subscribing to, or otherwise using the Service, you (“User” or “you”) acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to any part of these Terms, you must not access or use the Service.
Your use of the Service is also subject to our Privacy Policy (available on our website), which is hereby incorporated by reference into these Terms. You represent and warrant that you have the legal authority to accept these Terms on behalf of yourself or any organization you represent. This is a legally binding agreement; please read it carefully.
2. Eligibility & Representations
By registering for or using the Service, you affirm that you meet all the following conditions and make the following representations:
- Age and Capacity: You are at least 18 years old (or the age of majority in your jurisdiction) and are legally capable of entering into binding contracts.
- Business Use Only: You are using the Service solely for business or commercial purposes (for example, in your capacity as a mortgage loan officer, real estate professional, or related business professional) and not as a consumer for personal, family, or household purposes. The Service is intended for B2B use only; consumer use is not permitted.
- Authority: If you are using the Service on behalf of a company or other legal entity, you have the authority to bind that entity to these Terms, and all references to “you” in these Terms refer to both you as an individual and that entity.
- Accurate Information: All registration and account information you submit to us (including information about your identity, contact details, and payment information) is truthful, accurate, and complete, and you will promptly update such information if it changes.
- Compliance with Laws: You will use the Service in compliance with all applicable laws and regulations. This includes, without limitation, laws relating to data privacy, marketing communications, telemarketing, spam (e.g., CAN-SPAM Act, TCPA), and any industry-specific rules or licensing requirements relevant to your profession. You are solely responsible for obtaining and maintaining any licenses or approvals necessary for your business.
3. Description of SaaS & CRM Services
LeadWorks.io provides a subscription-based, cloud-hosted software platform offering a suite of marketing automation and customer relationship management (“CRM”) tools tailored for professionals in the mortgage and real estate industries. Our Service includes features such as: marketing campaign automation, CRM database management, AI-powered chatbot and lead engagement tools, real-time data enrichment for leads and contacts, and customizable pipeline automation templates, among other functionalities. These tools are delivered through a web-based interface (and/or mobile applications, if applicable) on a white-labeled CRM platform licensed by the Company from third-party providers.
Service Nature: The Service is provided on a software-as-a-service (“SaaS”) basis, which means you access and use the software remotely over the internet. You acknowledge that you are purchasing a subscription or license to use the Service for a defined period, subject to these Terms, and that you are not purchasing any software in perpetuity or obtaining any ownership interest in the software or infrastructure. Except as expressly granted in these Terms, all rights, title, and interest in and to the Service and its components remain with LeadWorks.io and its licensors.
No Lifetime Access: Unless explicitly stated in a separate written agreement signed by an authorized representative of LeadWorks.io, we do not offer or promise any form of “lifetime” access, perpetual subscription, or perpetual license to the Service. All access to the Service is provided on a term-limited subscription basis. Any contrary representation by any reseller, agent, or other third party is invalid. LeadWorks.io reserves the right to modify or discontinue any aspect of the Service at any time, in its sole discretion, as further described in these Terms.
Availability of Features: We strive to ensure the Service is available and performs as described, but you understand that from time to time certain features may be improved, modified, temporarily suspended, or discontinued as we refine our offerings or as required by our third-party platform providers. We will endeavor to minimize any disruption to your use of the Service and, where feasible, to provide advance notice of material changes to functionality.
No Guarantee of Results: The Service provides tools and templates to assist you in your marketing and client management efforts. However, you acknowledge that LeadWorks.io does not guarantee any specific results, business outcomes, or financial return from your use of the Service. You are responsible for how you use the tools provided and for any decisions you make based on data or outputs from the Service.
4. User Account Obligations
To access many features of our Service, you must register for an account. You agree to the following obligations concerning account creation and maintenance:
- Account Registration: You will provide accurate, current, and complete information during the registration process and will keep this information up-to-date. Each User must have a unique registration—accounts may not be shared between unrelated persons or across different business entities. If you are an organization, each employee or agent accessing the Service should use their own credentials (or a multi-user account set-up authorized by us).
- Account Security: You are responsible for maintaining the confidentiality and security of your login credentials (username and password). Do not share your password or account access with any unauthorized person. If you believe that the security of your account has been compromised (e.g., loss, theft, or unauthorized disclosure or use of your credentials), you must notify us immediately at info@leadworks.io.
- Responsibility for Use: You are fully responsible for all activities that occur under your account, whether or not authorized by you. This includes any actions taken or data entered by employees, colleagues, agents, or any other persons to whom you have granted access (intentionally or through failure to safeguard your credentials). You agree to use reasonable efforts to monitor and control the use of your account and ensure all users under your account comply with these Terms.
- Multiple Accounts: You shall not create multiple accounts for the same individual or entity in an attempt to circumvent any usage limitations or to abuse any offerings (for example, not to exploit free trials or promotions beyond their intended use). We reserve the right to merge or terminate duplicate accounts, or accounts that we suspect are created for deceptive or abusive purposes.
- Account Information and Communications: You consent to receive communications from us electronically (e.g., via email or through the Service interface) regarding your account and the Service. It is your responsibility to maintain a valid email address on file and to regularly check for communications from us. You agree that any notices, agreements, disclosures or other messages we send you electronically will satisfy any legal communication requirements.
5. Payment, Fees, and Billing Policies
Access to the Service is offered on a subscription or fee basis. You agree to the following with respect to fees and payment:
- Subscription Plans and Fees: You shall pay all fees associated with the subscription plan or services you select, at the rates and on the terms (e.g., monthly, annual, or otherwise) presented to you at the time of purchase or enrollment (for example, as listed on our website’s checkout page or in an order form). All fees are stated and payable in U.S. dollars, unless otherwise specified. We do not guarantee that any particular price, promotion, or plan will be available indefinitely, and we reserve the right to adjust pricing for our Service or introduce new charges in the future, as described below.
- Taxes: Stated fees do not include any taxes (such as sales, use, value-added tax, etc.) that may apply. You are responsible for any applicable taxes, and we may charge taxes in jurisdictions where we are required to do so. Any such taxes will be charged to your payment method in addition to the base fees.
- Recurring Billing Authorization: By starting a subscription, you authorize LeadWorks.io (or our third-party payment processor) to automatically charge the payment method provided (such as a credit card) for the applicable subscription fee on a recurring basis, according to your billing cycle (e.g., monthly or annually), without further approval, until you cancel the subscription or the account is otherwise terminated. You acknowledge that the subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
- Billing Cycle and Renewal: Your subscription will renew automatically at the end of each billing period (e.g., on the same day of each month for monthly plans, or annually on the anniversary date for annual plans), unless and until you cancel your subscription or we terminate it. We will bill the recurring subscription fee to your authorized payment method at the time of renewal. If the renewal charge fails, we may attempt to re-process it, and if payment continues to fail, we may suspend or terminate your access to the Service.
- Payment Information: You agree to provide and maintain valid, up-to-date payment information (e.g., credit card details) in your account. If your payment method is due to expire, or if you become aware of potential issues with it, you will update your information promptly to avoid interruption of Service. You represent that you are authorized to use the payment method you provide to us.
- Price Changes: We reserve the right to change the fees for any Service or subscription (for example, upon renewal of a term or when upgrading or downgrading plans). If we increase the price of your subscription or introduce new fees, we will provide advance notice to you (for instance, by email or through the Service) in accordance with applicable laws. The notice will indicate when the new pricing will take effect. If you do not agree to the price changes, you may cancel your subscription before the changes apply. Continued use of the Service after the effective date of a fee change will constitute your acceptance of the new fees.
- No Purchase of Ownership: You acknowledge that the fees you pay are in exchange for the right to access and use the Service during the applicable subscription period, not to purchase any software or intellectual property. Paying for the Service does not grant you any ownership rights in the Service, its software, or content; it only grants you the limited license described in these Terms.
- Late Payments: If we are unable to charge your provided payment method for any reason, or if your account becomes past due, we reserve the right to suspend or terminate your access to the Service, at our discretion. You agree to reimburse us for any collection costs (including reasonable attorneys’ fees) we incur in the process of collecting any past due amounts.
- Disputed Charges: If you believe we have charged you in error, you must contact us within sixty (60) days of the charge date at billing@leadworks.io (or other contact as directed on our site) to request an adjustment or credit. We will not entertain disputes raised after this 60-day period, except as required by law.
6. Refund and Cancellation Policy
All purchases of subscriptions and services from LeadWorks.io are final, except as expressly provided in this Section or as required by applicable law:
- Cancellation by You: You may cancel your subscription at any time by providing notice through the account management settings in the Service or by contacting our support team. If you cancel a subscription, the cancellation will take effect at the end of your current billing period. You will retain access to the Service until the end of the period you have paid for, but you will not receive a refund or credit for any remaining days in that billing cycle. For example, if you are on a monthly plan and cancel in the middle of a month, you will retain access until the end of that month, and your subscription will not renew thereafter.
- No Refunds on Subscription Fees: Except as explicitly stated in these Terms or as required by law, subscription fees (including any setup or onboarding fees) are non-refundable. We do not provide refunds or credits for partial-use periods, or for any unused features or Service capacity. If you choose to downgrade your subscription or terminate your use of the Service prior to the end of a billing period, you will not be entitled to any refund of fees already paid.
- Exception – Certain Promotions or Guarantees: If a specific subscription offering includes an explicit money-back guarantee or trial satisfaction guarantee (for example, a “30-day money-back guarantee”) as stated in the materials at the time of your order, then that specific promise will apply to your order as stated. In such cases, we will honor the stated refund terms of that promotion. If no such guarantee is stated, the default no-refund policy applies.
- Service Suspension or Termination by Us: If we suspend or terminate your account or access to the Service due to your violation of these Terms or any applicable law (including for non-payment or improper use), you will not be entitled to any refund of fees paid. If we terminate your subscription without cause (for instance, if we decide to discontinue the Service or to end your particular subscription early for convenience and not due to your misconduct), then we will provide you a pro-rata refund of any prepaid fees covering the unused portion of your subscription term, if any.
- Chargebacks: Initiating a chargeback or dispute with your credit card provider for a valid charge under these Terms may result in immediate suspension of your account. We encourage you to first contact us to resolve any billing issues. Fraudulent chargebacks may be turned over to law enforcement or debt collection agencies.
- Notice to California Residents: Under California Civil Code Section 1789.3, California users of the Service are entitled to the following specific consumer rights information: The provider of the Service is LeadWorks.io LLC, 30 N Gould St, STE R, Sheridan, WY 82801. Currently, there are no charges to receive paper copies of electronic records (but we reserve the right to charge for such copies in the future). If you have a complaint, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254. (Note: The Service is for business use only; this notice is provided in the event any statute is deemed to apply.)
7. Intellectual Property Rights
All materials and content provided through the Service, including but not limited to the software, code, architecture, algorithms, user interfaces, documentation, designs, graphics, layouts, logos, trademarks (such as LeadWorks.io™), service marks, trade names, reports, templates, workflows, and any proprietary marketing or sales process automation templates (collectively, the “Company Materials”), are owned by or licensed to LeadWorks.io and are protected by intellectual property laws (including copyright, trade secret, and trademark laws). LeadWorks.io (and its licensors, where applicable) retain all rights, title, and interest in and to the Service and Company Materials.
Limited License to You: Subject to your ongoing compliance with these Terms and your payment of all applicable fees, LeadWorks.io grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service and Company Materials solely for your internal business purposes, and only as expressly permitted by the features of the Service and these Terms. This license terminates upon the earliest of (i) termination or expiration of your subscription, or (ii) termination of your account or these Terms.
Restrictions: You shall not, and shall not permit any third party to, do any of the following:
- Copy, download, reproduce, modify, translate, or create derivative works of the Service or any Company Materials (including any software or templates), except as expressly allowed by us in writing or as permitted by law notwithstanding this prohibition.
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying ideas, or algorithms of the Service or any software or database within or related to the Service, except to the limited extent that applicable law expressly permits such acts notwithstanding a contractual prohibition.
- Remove, alter, or obscure any copyright, trademark, patent or other notices or legends that appear on the Service or Company Materials. This includes not removing or hiding any branding or “powered by” notices that we may include within the user interface (recognizing, however, that the Service may be white-labeled, we do not intend to display third-party provider branding to you).
- Rent, lease, lend, sell, sublicense, distribute, or otherwise make the Service (or any portion thereof) available to any third party (except as enabled through the normal functionality of the Service for your intended business use, such as providing limited access to your employees or agents). You may not provide access to the Service to individuals or entities outside your own organization, nor may you use the Service on a time-sharing or service bureau basis.
- Use, display or distribute any Company Materials or content provided via the Service (such as marketing templates, workflows, or educational content we provide) outside of the Service, or in any manner not authorized by us. This means, for example, you should not take templates or automation workflows provided by LeadWorks.io and replicate or resell them on another platform.
- Use any trademark, logo, or other proprietary information of LeadWorks.io or its licensors (including the name “LeadWorks.io”) without our express written consent, except as necessary to truthfully identify yourself as a user of the Service in business communications or as otherwise permitted by law.
User Content: You retain all rights to any data, information, or content that you upload or input into the Service (“User Content”), such as your leads/prospects lists, communications, images, or any other materials you provide. By inputting or storing User Content in the Service, you grant LeadWorks.io a worldwide, royalty-free, sub-licensable (to our service providers), and limited license to host, use, process, transmit, and display your User Content as necessary to provide the Service to you and otherwise perform our obligations (for example, to back up your data, or to display it to you and those you authorize). We will not use your User Content for any other purposes except as permitted by these Terms, our Privacy Policy, or as required by law.
Data Enrichment and Third-Party Content: Some features of the Service (such as real-time data enrichment or AI-driven content generation) may provide you with data, content, or insights sourced from third parties or generated by third-party algorithms. All such data and content is provided “as-is” for your convenience, and remains the intellectual property of the respective providers. You may use this information only within the scope of the Service for your internal business purposes. You understand that we make no guarantees regarding the accuracy or completeness of any enriched data or AI-generated output. You are responsible for reviewing any such output and determining its appropriateness for your use.
Feedback: If you provide any suggestions, ideas, enhancement requests, recommendations or other feedback regarding the Service (“Feedback”) to us, you hereby grant LeadWorks.io an unlimited, irrevocable, perpetual, sublicensable, transferable, worldwide license to use, incorporate, and exploit such Feedback for any purpose, without any obligation to you (provided that we will not publicly disclose your confidential information in doing so).
Nothing in these Terms shall be construed as transferring any ownership rights to you or any third party. All rights not expressly granted to you in these Terms are reserved by LeadWorks.io and its licensors.
8. Third-Party Software & Services Compliance
Our Service is built upon and integrates with certain third-party software platforms and services (“Third-Party Services”) to provide functionality such as CRM infrastructure, telephony/SMS capabilities, email delivery, artificial intelligence features, payment processing, and data enrichment. These Third-Party Services are not owned or controlled by LeadWorks.io, but their operation is essential to our Service. Examples (without limitation) may include cloud hosting providers, communication networks, AI engine providers, or the underlying white-label CRM platform we utilize. By using our Service, you agree to the following:
- Compliance with Third-Party Terms: You will use the Service in accordance with any applicable terms of use, policies, or guidelines set by the providers of any Third-Party Services that are incorporated in our platform. For example, if the Service enables you to send SMS or email, you agree to comply with the acceptable use policies of the telecommunications and email service providers (and with laws like the Telephone Consumer Protection Act and CAN-SPAM as noted above). If the Service includes AI-powered features, you agree not to use those features in violation of the third-party AI provider’s content policies (for instance, not to generate disallowed content). We will make available or inform you of any specific third-party terms that you must abide by, either via our website or within the Service interface.
- No Circumvention or Misuse: You shall not circumvent, disable, or interfere with any features or restrictions of any Third-Party Services integrated into our Service. Any attempt to manipulate the Service to use Third-Party Services in a manner not intended (for example, using unauthorized methods to send bulk communications or to scrape data from integrated sources) is a violation of these Terms and may result in suspension of your account.
- Third-Party Charges: Use of certain features of the Service might involve usage-based fees charged by third-party providers (for example, fees for sending text messages or making phone calls, if not included in your subscription). If such fees are applicable, they will either be passed through to you as part of your subscription or billed separately with notice. You agree to pay any such third-party usage fees incurred through your use of the Service. We will inform you of the nature of any additional charges prior to incurring them when possible.
- Third-Party Beneficiaries: You acknowledge and agree that the owners or operators of the Third-Party Services we utilize are intended third-party beneficiaries of the provisions of these Terms that relate to their services, including any disclaimers of warranties, limitations of liability, and usage restrictions. This means, for example, that such providers (and their affiliates) will have no liability to you directly, and you agree not to bring any legal claim against them arising from your use of our Service. Any claims related to the Service must be brought against LeadWorks.io subject to the limitations and exclusions in these Terms.
- Service Dependency and Changes: Because the Service relies on Third-Party Services, your use of the Service is subject to the availability and continuing operability of those third parties. LeadWorks.io is not responsible for outages or malfunctions of Third-Party Services. If any Third-Party Service ceases to make its services available to us on reasonable terms, we may cease providing the affected functionality to you without entitling you to any refund, credit, or other compensation, provided that we make reasonable efforts to notify you of any such significant change. We will not be in breach of our obligations hereunder to the extent any failure to perform is due to the unavailability or failure of Third-Party Services.
- No Warranty for Third-Party Services: All Third-Party Services and integrations are provided to you on an “as-is” and “as-available” basis by the third-party providers. LeadWorks.io makes no representation or warranty as to any Third-Party Service (whether regarding uptime, performance, functionality or otherwise). Any representation or warranty that would be provided by the third-party provider is their responsibility alone, and we do not assume any liability on their behalf.
- Third-Party Integrations at Your Risk: If the Service allows you to integrate or connect with any third-party applications or services that are not provided by LeadWorks.io (for example, if you connect your Google, Facebook, or other account, or use a plugin), such integration is provided for your convenience. We do not endorse or assume any responsibility for third-party applications or services. Use of any third-party integration is at your own risk and may be subject to the third party’s terms and privacy policy, which you are responsible for reviewing.
9. User Conduct & Prohibited Uses
You agree to use the Service responsibly and only for its intended purposes. You must not misuse the Service or use it in a manner that violates these Terms or any law. Without limiting the generality of the foregoing, you agree not to:
- Illegal or Harmful Activity: Use the Service for any unlawful, fraudulent, or harmful purpose, or in any manner that violates any applicable local, state, national, or international law or regulation. This includes, but is not limited to, laws governing advertising, telemarketing, data privacy, financial services, or consumer protection.
- Infringe Rights: Upload, post, transmit, or otherwise distribute through the Service any content or material that infringes or misappropriates any third party’s intellectual property rights, rights of privacy or publicity, or other legal rights. You must have the necessary rights and permissions for all content you use via the Service (including having obtained any required consents to contact individuals by email, SMS, or phone).
- Unsolicited Communications & Spam: Use the Service to send unsolicited bulk messages, spam, chain letters, phishing messages, or any other unsolicited communications of any kind, whether commercial or otherwise, in violation of applicable laws. You shall not use the Service to send messages to recipients who have not consented to receive such communications from you, or who have opted out of receiving them. You are responsible for honoring all opt-out requests and other obligations under anti-spam laws.
- Harassment or Harmful Content: Use the Service to transmit or store any content that is unlawful, defamatory, libelous, harassing, threatening, or abusive, or that promotes violence, discrimination, bigotry, or hate against any person or group. Similarly, you may not use the Service to facilitate the distribution of any sexually explicit materials or any other content that a reasonable person would consider objectionable, offensive, or likely to cause harm.
- Malicious Code: Introduce or transmit any viruses, worms, Trojan horses, spyware, or other malicious or harmful code, files, or programs into or via the Service, or take any action that would interfere with or disrupt the integrity, security, or performance of the Service or the data contained therein.
- Security Violations: Attempt to gain unauthorized access to the Service or its related systems, servers, or networks (including any unauthorized access to data of other users), or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Service. You shall not probe, scan, or test the vulnerability of the Service or any associated system, or attempt to bypass or breach any security or authentication measures.
- Circumvent Limits: Circumvent or attempt to circumvent any usage limits, quotas, or fees that are applicable to the Service or your account. This includes using multiple accounts, manual or automated software, or other means to avoid or bypass any limitations on the Service.
- Misrepresentation and Impersonation: Misrepresent your identity or affiliation when using the Service, or impersonate any person or entity. You shall not forge or manipulate headers or other identifiers in communications sent through the Service in a manner intended to disguise the origin of the message.
- Data Mining and Scraping: Use any manual process or automated means such as bots, scrapers, crawlers, or extraction tools to systematically retrieve, scrape, data mine, or harvest data from the Service (other than as permitted through documented APIs or export features provided as part of the Service for your own data). Similarly, you may not use the Service in a manner that excessively burdens our network or infrastructure.
- Prohibited Data: Use the Service to collect, upload, or store any personal data that is considered highly sensitive or regulated in a manner that the Service is not designed to accommodate. For example, you should not use the Service to store unencrypted financial account information, Social Security numbers, health or medical information subject to HIPAA, or any other sensitive personal information that is not needed for the ordinary operation of the Service. The Service is not designed to meet any specific legal standards for such sensitive data (like HIPAA compliance), and we disclaim any liability for your decision to input such data contrary to this prohibition.
- Competitive Use: Access or use the Service for the purpose of developing, providing, or benchmarking a competing product or service, or otherwise for competitive analysis of our Service. If you are an employee, contractor, or agent of a competitor of LeadWorks.io, you are not permitted to access or use the Service without our prior written consent. You also agree not to provide access to the Service to any direct competitor of LeadWorks.io.
- Resale or Unauthorized Transfer: Resell, rent, lease, or otherwise permit any third party to use the Service (except your authorized users within your organization), or otherwise exploit the Service for any unauthorized commercial purpose. You may not transfer your subscription or account to an unrelated third party without our explicit consent.
We reserve the right to investigate any suspected violations of this Section 9 or other misuse of the Service. In doing so, we may suspend or terminate your account or access, and may cooperate with law enforcement authorities in prosecuting users who violate the law. Your failure to adhere to the above requirements will be considered a material breach of these Terms, and may result in immediate termination of your rights to use the Service, among other remedies.
10. Privacy & Data Protection
We take your privacy and data security seriously. Our collection, use, and processing of personal information about you and your end customers (leads, clients, or other individuals you manage via the Service) is governed by our Privacy Policy, which is hereby incorporated into these Terms. By using the Service, you acknowledge that you have read our Privacy Policy and understand how we collect, use, and disclose your information.
Data Processing: In providing the Service, LeadWorks.io may process personal data on your behalf, for example, information about your leads or clients that you input into the CRM. In such cases, LeadWorks.io will act as your “service provider” or “processor” (under laws like the California Consumer Privacy Act (CCPA) or EU General Data Protection Regulation (GDPR)), and you are the entity determining the purposes of processing (the “business” or “controller”). We will process and protect such personal data in accordance with our Privacy Policy, your instructions as given through the Service functionality, and applicable data protection laws. You are responsible for ensuring that you have all necessary rights and consents to provide such personal data to us for processing, and that your use of the Service (including your collection of personal data through the Service) complies with all applicable privacy laws.
Security: We implement technical and organizational measures intended to protect personal data within the Service against unauthorized or unlawful processing and against accidental loss, destruction, or damage. However, no method of electronic storage or transmission over the internet is completely secure. Therefore, while we strive to protect your data, we cannot guarantee its absolute security. You acknowledge that you provide your personal information and User Content at your own risk. You are responsible for maintaining the security of your account credentials as noted above, which is a key aspect of keeping your data safe.
Confidentiality: We treat your User Content and any non-public information about your business as confidential and will not disclose it to outside parties except as permitted in these Terms, our Privacy Policy, or as required by law (for example, in response to a lawful subpoena or court order). Likewise, you agree not to disclose any confidential information of LeadWorks.io that you may obtain, including but not limited to non-public features, pricing information (aside from what is publicly posted), underlying software or algorithms, or any other information that a reasonable person would understand to be confidential in nature, except as required to use the Service or as permitted by us in writing.
International Data Transfers: If you are located outside of the United States, you acknowledge that the personal data we collect may be transferred to and processed in the United States or other jurisdictions where we or our service providers operate. Those jurisdictions may have data protection laws that are different from those of your country. By using the Service or submitting your personal data, you consent to such transfers, and we will take steps to ensure that appropriate safeguards are in place to protect your personal data in transit and at rest.
User Responsibility for Privacy: You are responsible for protecting the privacy of individuals whose personal data you input into the Service. This means, for example, that if you import a list of contacts or leads into the Service, you should have provided any necessary privacy notices to those individuals and obtained any required consent to contact them or to process their data (especially if required by law). If individuals exercise privacy rights (such as opt-outs or data deletion requests) with respect to data you have stored in our Service, it is your responsibility to respond to those requests as required by law. We will assist you by providing features within the Service to access, retrieve, or delete data as needed, and by complying with any reasonable, legally required instructions you give us in this context.
For further details on our privacy practices, please review our Privacy Policy. By using the Service, you consent to the data practices described therein. If there is any conflict between the Privacy Policy and these Terms regarding privacy matters, the Privacy Policy will govern.
11. Links & Third-Party Integrations
Our website and the Service may contain links to or integrate with websites, products, or services that are not owned or controlled by LeadWorks.io (collectively, “Third-Party Sites”). This can include, for example, links to third-party resources, embedded content, or optional integrations where you connect the Service with third-party applications.
- No Endorsement: The inclusion of any link or integration does not imply endorsement by LeadWorks.io of the Third-Party Site or service, its content, or any association with its operators. We provide these links and features merely as a convenience to you.
- Independent Websites: Third-Party Sites are governed by their own terms of use and privacy policies, which may differ significantly from ours. We have no control over and assume no responsibility for the content, accuracy, policies, or practices of any Third-Party Sites. If you decide to access a Third-Party Site or service, you do so at your own risk, and you should review the applicable terms and policies of any Third-Party Site you visit or service you use.
- Third-Party Integrations: If you choose to use any feature of our Service that interoperates with a Third-Party Site (for example, an integration that allows you to import or export data to another platform, or to login via a third-party identity provider), you acknowledge that we may share certain information with that Third-Party Site as needed to facilitate the integration (as described in our Privacy Policy). We make no guarantees about the functionality or security of any such third-party integration. Any dispute or issues arising from your interaction with a Third-Party Site via our Service is between you and that third party.
- External Content: The Service may present content that is provided by third parties (such as information obtained through data enrichment services or user-generated content from others). We are not responsible for and do not edit or monitor all such content. Any opinions, advice, statements, or information made available by third parties (including other users) are those of the respective author(s) and not of LeadWorks.io. We do not guarantee the validity, accuracy, or reliability of any third-party content.
- No Liability: You agree that LeadWorks.io will not be responsible or liable for any loss or damage of any sort incurred as a result of your dealings with any third parties, or as a result of the presence of such third-party links, content, or integrations on our Service.
12. Disclaimers & Limitations of Liability
Disclaimer of Warranties: To the fullest extent permitted by applicable law, LeadWorks.io disclaims all warranties, whether express, implied, statutory, or otherwise, relating to the Service and any software, content, or services provided through the Service. The Service is provided on an “AS IS” and “AS AVAILABLE” basis, with all faults and without warranty of any kind. LeadWorks.io expressly disclaims all implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Service will meet your requirements or expectations, achieve any particular results, be uninterrupted, secure, or error-free, or that defects will be corrected. We do not warrant the accuracy or reliability of any information obtained through the Service (including any data enrichment or AI-generated content), or that any communications sent through the Service will reach their intended recipient or be delivered within a particular timeframe. You assume all risk for any actions taken based on information or insights obtained through the Service.
If applicable law requires any warranties with respect to the Service, all such warranties are limited in duration to ninety (90) days or the minimum duration permitted by law, whichever is shorter.
No Liability for Certain Types of Loss: To the maximum extent permitted by law, in no event will LeadWorks.io, its parent, subsidiaries, affiliates, or licensors, or its and their officers, employees, agents, partners, and suppliers, be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of profits, revenue, goodwill, business opportunity, or data, even if advised of the possibility of such damages. This disclaimer of liability extends to damages arising from your use of or inability to use the Service, any changes to the Service or these Terms, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on the Service, or any other matter relating to the Service.
Limitation of Liability: To the fullest extent permitted by law, the total aggregate liability of LeadWorks.io and its affiliates, officers, employees, and agents, for any and all claims arising out of or related to these Terms or the Service, regardless of the form of the action or theory of liability (contract, tort, negligence, strict liability, violation of statute, or otherwise), shall not exceed the total amount of fees you paid to LeadWorks.io for the Service in the twelve (12) months immediately preceding the event giving rise to the claim (or, if the duration of use has been less than twelve months, the average monthly fees paid multiplied by 12). If you have paid no fees to LeadWorks.io for the Service (for example, if you are using a free service or during a free trial), LeadWorks.io’s total liability shall be zero dollars ($0).
Exceptions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation/exclusion of liability for incidental or consequential damages. To the extent that a law prohibits the exclusion of certain warranties or liabilities that are stated above, those disallowed exclusions will not apply to you, but only to the minimum extent required by that law. However, all other disclaimers, exclusions, and limitations in these Terms will still apply. Nothing in these Terms is intended to exclude or limit liability that cannot be excluded under law (for example, certain liabilities for death or personal injury, or liability for our fraud or willful misconduct, which we do not seek to exclude here).
Allocation of Risk: You acknowledge and agree that the warranty disclaimers and limitations of liability in these Terms are material bargained-for bases of this agreement, and that they have been taken into account in determining the consideration (fees) charged for the Service and the decision to provide you with the rights to use the Service. You agree that the limitations of liability and disclaimers will apply even if any limited remedy fails of its essential purpose.
13. Indemnification
You agree to indemnify, defend, and hold harmless LeadWorks.io LLC, its parent company, affiliates, and their respective officers, directors, employees, agents, contractors, successors, and assigns (collectively, the “Indemnified Parties”), from and against any and all losses, liabilities, damages, judgments, awards, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and court costs) that arise out of or relate to any third-party claims, allegations, demands, or actions (“Claims”) arising out of or relating to: (a) your use or misuse of the Service; (b) your breach or violation of these Terms or any representations, warranties, or covenants made by you herein; (c) any User Content or data provided by you (including claims that such content or data infringes, misappropriates, or otherwise violates the intellectual property, privacy, or other rights of any third party, or that it is defamatory or unlawful); (d) your violation of any applicable law, regulation, or industry standard (including, without limitation, laws regarding telemarketing, spam, advertising, or data protection); (e) your negligence or willful misconduct; or (f) any dispute or issue between you and any third party (including your customers, leads, or business contacts) arising out of your use of the Service.
LeadWorks.io reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), in which event you agree to cooperate with our defense of such Claim. You agree not to settle any such Claim without the prior written consent of LeadWorks.io. We will use reasonable efforts to notify you of any Claim for which we seek indemnification under this Section upon becoming aware of it.
14. Termination of Services
By LeadWorks.io: We may suspend or terminate your account or your access to all or part of the Service at any time, with or without notice, and with or without cause. Without limiting the foregoing, we may immediately suspend or terminate your use of the Service (including any subscription) if: (i) you violate or breach any provision of these Terms (including failure to pay fees on time or any violation of the User Conduct rules in Section 9); (ii) we are required to do so by law or a government order (for example, where the provision of the Service to you is, or becomes, unlawful); (iii) we discontinue the Service or any portion or feature thereof (though we will endeavor to provide advance notice in this case); or (iv) there has been an extended period of inactivity on your account. We shall not be liable to you or any third party for any termination or suspension of your access to the Service in accordance with these Terms.
By You: You may terminate your account or subscription at any time by following the account cancellation procedures provided within the Service or by contacting us. Termination will be effective once processed by LeadWorks.io. Please note that merely uninstalling an application or ceasing to log in will not automatically terminate your account or stop billing; you must properly cancel or contact us to confirm termination. Upon your voluntary termination of a paid subscription, you will remain responsible for any fees accrued prior to the effective date of termination, and no pro-rated refunds will be provided for the current billing cycle except as otherwise provided in Section 6.
Effect of Termination: Upon any termination of your account or these Terms for any reason, all rights and licenses granted to you under these Terms will immediately cease. You must stop all use of the Service, and neither you nor your authorized users will have further access to your account. We may, at our discretion, delete or anonymize any data associated with your account after termination (unless we are required to keep it by law or for legitimate business purposes). You are advised to export or download any data you wish to retain before terminating your account. We are not liable for any deletion of data associated with a terminated account, except to the extent prohibited by law.
Survival: Any provision of these Terms that by its nature is intended to survive termination or expiration (including, but not limited to, provisions concerning ownership of intellectual property, accrued rights to payment, confidentiality, warranty disclaimers, limitations of liability, indemnification, dispute resolution, and governing law) shall survive the termination or expiration of these Terms and/or the termination of your use of the Service.
15. Governing Law, Jurisdiction, and Venue
These Terms and any dispute arising out of or relating to these Terms or the Service (“Dispute”) shall be governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict of laws principles that might require the application of the laws of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms or the Service.
Subject to the arbitration agreement in Section 16 below, you and LeadWorks.io agree that any judicial action or proceeding arising out of or related to these Terms or the Service shall be brought in, and you hereby consent to the exclusive jurisdiction of, the state and federal courts located in the State of Wyoming, County of Sheridan. You and LeadWorks.io each waive any objection to jurisdiction or venue in such courts, including any defense of inconvenient forum, and agree not to assert any such objections.
If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing choice of Wyoming law, you agree that, in operating the Service, we shall be deemed passive and not subject to personal jurisdiction in any jurisdiction other than Wyoming.
16. Binding Arbitration & Class Action Waiver
Please read this section carefully, as it affects your legal rights. It provides that virtually all disputes between you and LeadWorks.io must be resolved by binding arbitration rather than in court, and it limits your ability to participate in a class action or similar proceeding.
- Agreement to Arbitrate: You and LeadWorks.io agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, “Disputes”) shall be resolved solely by binding arbitration on an individual basis, except for the limited exceptions below. You and LeadWorks.io waive any right to a jury trial or to have the Dispute heard in court (except as expressly provided otherwise in these Terms). This arbitration agreement is governed by the U.S. Federal Arbitration Act (9 U.S.C. §1 et seq.) and evidences a transaction in interstate commerce.
- Arbitration Procedure: The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules (or, if you are an individual using the Service primarily for personal or household use, and AAA deems the Consumer Arbitration Rules applicable, then those rules may apply instead). The seat or legal place of arbitration shall be the State of Wyoming. Unless you and LeadWorks.io agree otherwise, any arbitration hearings will take place in Sheridan, Wyoming, or, at our discretion, may be conducted via videoconference or telephonically if in-person hearing is not practical. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, but shall have no authority to award damages, remedies, or awards that conflict with these Terms (including the liability waivers and limitations in Section 12). The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
- Exceptions to Arbitration: Notwithstanding the foregoing, either party may choose to pursue a Dispute in the following circumstances: (i) for individual claims in small claims court, if the claims fall within the small claims court’s jurisdiction and only so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (ii) for claims seeking injunctive or other equitable relief for the alleged unlawful use of intellectual property (such as copyrights, trademarks, trade dress, or patents) or breach of confidentiality, either party may bring such claims in a court of competent jurisdiction.
- Class Action and Collective Relief Waiver: You and LeadWorks.io agree that all Disputes will be conducted only on an individual basis and not in a class, consolidated, or representative action. You further agree that the arbitrator may not consolidate or join the claims of multiple parties and may not otherwise preside over any form of a representative or class proceeding. The arbitrator can decide only your and/or LeadWorks.io’s individual Dispute, and may award relief only to the individual party seeking relief and only to the extent warranted by that party’s individual claim. The arbitrator’s decision or award in one case will not affect issues or claims in any other proceeding.
- Severability of Arbitration Terms: If any portion of this arbitration agreement is found unenforceable, the unenforceable portion shall be severed and the remaining provisions shall still be enforced, except that if the Class Action Waiver above is found to be unenforceable or unlawful in a given Dispute, then the entirety of this arbitration agreement shall be null and void with respect to that Dispute. In such case, the Dispute must be brought exclusively in the state or federal courts in Sheridan, Wyoming, and not in arbitration.
- Opt-Out Right (For New Users): If you are a new user of the Service, you may opt out of the arbitration and class waiver provisions by sending written notice of your decision to opt out to the following address: LeadWorks.io LLC, 30 N Gould St, STE R, Sheridan, WY 82801, Attn: Legal/Arbitration Opt-Out, or via email to info@leadworks.io with the subject line “Arbitration Opt-Out”. Your opt-out notice must be postmarked (or timestamped if email) no later than 30 days after the date you first accept these Terms by using the Service. If you opt out of this arbitration agreement, the class action waiver will not apply to you either. Opting out of arbitration will not affect any other aspects of these Terms.
- Future Changes to Arbitration Agreement: If we make any future change to this arbitration agreement (other than a change to our contact address for opt-outs), you may reject the change by sending us written notice within 30 days of the change to our contact address provided in Section 19. In that case, your account with LeadWorks.io will be immediately terminated and this arbitration agreement, as in effect immediately prior to the changes you rejected, will survive.
17. Entire Agreement & Severability
These Terms (including any documents, policies, or terms expressly incorporated by reference, such as our Privacy Policy and any additional product-specific terms that may be provided) constitute the entire agreement between you and LeadWorks.io regarding the Service and supersede all prior and contemporaneous agreements, proposals, negotiations, communications, and understandings, whether written or oral, relating to the subject matter herein. You acknowledge that in entering into these Terms, you have not relied on any statement, representation, warranty, or agreement other than those expressly set out in these Terms.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect. In such case, the parties agree to negotiate in good faith a valid, enforceable substitute provision that most nearly effects the parties’ original intent and economic effect of the invalid provision.
No waiver by LeadWorks.io of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or any other term, and any failure of LeadWorks.io to assert a right or provision under these Terms shall not constitute a waiver of that right or provision.
You may not assign or transfer these Terms or any of your rights or obligations hereunder, in whole or in part, without our prior written consent, and any attempt to do so without consent will be null and void. LeadWorks.io may assign these Terms freely to any person or entity at our discretion, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Subject to the foregoing, these Terms shall be binding on and inure to the benefit of each party’s permitted successors and assigns.
The section headings in these Terms are for convenience only and have no legal or contractual effect. Throughout these Terms, the use of the word “including” means “including but not limited to.”
18. Amendments and Modifications
LeadWorks.io reserves the right to update, revise, or otherwise modify these Terms at any time in its sole discretion. If we make material changes, we will make reasonable efforts to notify you of such changes, such as by posting the updated Terms on our website with a new “Last Updated” date, and/or by sending notice through the Service or via email (if you have provided us with your email address). Any changes to these Terms will be effective immediately upon posting, unless otherwise specified in the updated Terms or required by law (in which case, they will be effective as stated in our notice).
Continued Use as Acceptance: Your continued use of the Service after the effective date of any modifications to the Terms constitutes your acceptance of the modified Terms. If you do not agree to any updated Terms, you must stop using the Service and, if applicable, cancel your subscription.
Please review these Terms periodically and check the “Last Updated” date to ensure you are aware of any changes. We may, at our option, also ask you to acknowledge your consent to the updated Terms through an electronic click-through or other affirmative acceptance mechanism. In the event of a conflict between these Terms and any prior versions thereof, the most current version will prevail.
19. Contact Information
If you have any questions, concerns, or comments about these Terms or need to provide any notice to LeadWorks.io under these Terms, you may contact us at:
LeadWorks.io LLC
30 N Gould St, STE R
Sheridan, WY 82801 USA
Email: info@leadworks.io