Terms Of Service

Terms & Conditions

Last Updated: March 20, 2023

Your use of LeadAnswer's services, including the services LeadAnswer makes available through this website, including this website (the "Site" or the "LeadAnswer Site") and any content ("LeadAnswer Content") made available through this website (collectively the "Services") is governed by these Terms and Conditions (the "Terms"). LeadAnswer means LeadAnswer, Inc. or its affiliate identified in your Customer Agreement. Please read these terms carefully before using the Services.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE LEADANSWER SITE OR SERVICES, OR POSTING OR ACCESSING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR LEADANSWER CONTENT.

If you are using the Services on behalf of an entity, you are agreeing to these Terms for that entity and promising that you have the authority to bind that entity to these terms. In that case, "you" and "your" will refer to that entity.

1. License granted by LeadAnswer

LeadAnswer gives you a personal, royalty-free, non-assignable and non-exclusive license to use the software provided to you by LeadAnswer as part of the Services provided to you by LeadAnswer. Please note that you may use this software for internal business purposes only, and only in the manner permitted by the Terms. You may not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the content provided by or on behalf of LeadAnswer through the Services (the content) in any way, except as permitted by the Terms.

You are solely responsible for maintaining your own internet access, IT infrastructure and all other technology, communication, social media accounts and other matters needed in order to access and use the Site or Services.

2. User accounts/Personal info

In the course of using the Services, you may be required to provide LeadAnswer personally identifiable information, including contact information, username and password ("Credentials"). LeadAnswer handles such information with the utmost attention, care and security. Nonetheless, you, not LeadAnswer, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information, or other information relating to your username or password changes, you must notify LeadAnswer promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify LeadAnswer of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify LeadAnswer immediately.

3. User-Generated Content (3rd Party Reviews)

By making available any user-generated content ("User Content") through the Site and Services, you hereby grant to LeadAnswer a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Site and the Services. LeadAnswer does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to LeadAnswer the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your accessing, posting, submission or transmittal of the User Content or LeadAnswer's use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

LeadAnswer reserves the right (but shall have no obligation) to remove any or all User Content from the Services in its sole discretion. You agree to immediately take down any User Content that violates the Terms, including pursuant to a take down request from LeadAnswer. In the event that you elect not to comply with a request from LeadAnswer to take down certain User Content, LeadAnswer reserves the right to directly take down such User Content.

4. Third Party Software

The Services incorporate or make the use of certain third party software ("Third Party Software"), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software. Such Third Party Software includes but is not limited to the following software and services and by use of the Services you agree to be bound by the terms of said Third Party Software:

Google (https://policies.google.com/terms?hl=en-US),

Facebook (https://www.facebook.com/legal/terms),

Twitter (https://www.twitter.com/tos),

Youtube (https://www.youtube.com/t/terms),

Twilio (https://www.twilio.com/legal/tos),

LinkedIn (https://www.linkedin.com/legal/user-agreement)

5. Third Party Services and Materials

You may be able to access or use third party services, Third Party Software, resources, content, documentation or materials ("Third Party Materials") as part of or during your use of the Services. You acknowledge and agree to sole responsibility for and assume all risk arising from your access to or use of any such Third Party Materials and LeadAnswer disclaims any liability that you may incur from your access to or use of such Third Party Materials or any User Content via LeadAnswer or the Services. You acknowledge and agree that LeadAnswer: (a) is not responsible for the availability or accuracy of such Third Party Materials or the products or services or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; (c) does not make any promises to remove Third Party Materials from being accessed through the Services and your ability to access or link to Third Party Materials does not create or imply any endorsement by LeadAnswer of Third Party Materials or any such third party services; and (d) has no responsibility or liability for the deletion or failure to store any Third Party Materials maintained or transmitted through use of the Services. You further acknowledge and agree that you are solely responsible for backing up and making copies of any Third Party Materials that you wish to preserve.

6. Compliance with 3rd Party Review Site Policies

When using the LeadAnswer platform, you agree to adhere to the Terms of Service of all major review sites. This includes but not limited to Google, Facebook, Yelp, and other review sites.

Review gating: Your use of the LeadAnswer platform cannot implement any form of review gating. Review gating is a process where companies send a message to customers asking if their experience was positive or negative. Those who had a positive experience are directed to leave an online review. Those who had a negative experience are typically sent to a form to leave comments that are not made public.

When soliciting reviews using the LeadAnswer platform, you must provide all recipients the same options to provide feedback, regardless of their sentiment. This applies to review requests sent via standard review templates, custom email templates, and surveys.

Sites prohibiting solicitation of reviews: Your use of the LeadAnswer platform will fully comply with sites such as Yelp that prohibit review solicitation, and you will not misuse the LeadAnswer platform to bypass review sites' policies.

Failure to comply with 3rd Party Review site policies: If you attempt to circumvent the Terms of Service of 3rd party review sites, LeadAnswer will notify you and allow you 30 days to take corrective action. Should you fail to comply within the 30-day notice period, your account will be suspended from LeadAnswer.

7. Eligibility of Use

You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are over the age of 18, as the Services are not intended for children under 18.

8. Messaging and Communication Compliance

You are responsible for obtaining explicit consent(s) from any and all third parties (including your customers) to send and receive SMS, emails and/or any other messaging using the LeadAnswer Services. LeadAnswer shall have the same obligation to obtain third party consent for all parties from which it is directly obtaining their phone number(s). Each party is liable for, and shall indemnify, defend and hold harmless the other party from and against any and all damages, liabilities, judgments, fees, fines, costs and expenses (including reasonable attorneys' fees) incurred by the non-breaching party arising from any claims, demands or legal actions made against it resulting from breach of this Section.

If you submit your mobile telephone number to LeadAnswer through a webform or any other method, you expressly consent to receive text messages from LeadAnswer to that mobile phone number. You may opt out at any time.

To the extent required by law and as applicable to the parties, the parties shall comply with the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the "TCPA"). You will be solely responsible for complying with any messaging consent obligations under the TCPA and TSR in the course of accessing and using the LeadAnswer Services.

9. Restrictions On Use

You agree not to do any of the following while using the Site, Services or LeadAnswer Content:

Access, post, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, vulgar or offensive; (v) constitutes child pornography or child erotica; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any other person; or (viii) promotes illegal or harmful activities or substances.
Use, display, mirror, frame or utilize framing techniques to enclose the Site or Services, or any individual element or materials within the Site or Services, LeadAnswer's name, any LeadAnswer trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without LeadAnswer's express written consent.
Access, tamper with, or use non-public areas of the Site or Services, LeadAnswer's computer systems, or the technical delivery systems of LeadAnswer's providers.
Attempt to probe, scan, or test the vulnerability of any LeadAnswer system or network or breach any security or authentication measures.
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by LeadAnswer or any of LeadAnswer's providers or any other third party (including another user) to protect the Site, Services or LeadAnswer Content.
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation.
Use or access the Services for the purpose of, or resulting in, the posting, publication, distribution or transmission of defamatory material or content.
Interfere with, or attempt to interfere with, the access of any user, host or network connected to the Site or Services.
Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission.
Impersonate or misrepresent your affiliation with any person or entity.
Violate any applicable law or regulation.

10. Fair Use

LeadAnswer's priority to its clients is to keep the Services available and running at optimal speed, which requires each client to use the Services fairly and reasonably so as to not affect the access or use by other clients. The Services include broad access to a variety of resources such as bandwidth, API requests, and storage which are not unlimited (unless expressly stated as such in a Customer Agreement, Order Form or other agreement) or the overuse of which would affect the stability of the LeadAnswer platform, including but not limited to the Services, which is why we have this fair use clause ("Fair Use Policy" or "FUP"). Fair use will be considered the processing of 3 times the average number of requests or processed transactions per Location (as that term is defined in a Customer Agreement, Order Form or other written agreement) for other LeadAnswer clients in the same or similar industry.

11. Privacy Policy and DPA

The collection, use and storage of your personal information is governed by our Privacy Policy located at https://LeadAnswer.io/privacy. If your use of the Services requires LeadAnswer to process Personal Data (as defined in the DPA), LeadAnswer will process such Personal Data subject to LeadAnswer's Data Processing Addendum ("DPA"). The Privacy Policy and DPA are incorporated into these Terms in their entirety.

12. Confidentiality

"Confidential Information" means any information disclosed by either party to the other party, either directly or indirectly, in writing, orally, or by inspection of tangible objects (i) that the disclosing party identifies as confidential or proprietary; or (ii) that reasonably appears to be confidential or proprietary because of legends or other markings, the circumstances of disclosure, or the nature of the information itself (for avoidance of doubt, neither party shall be required to identify information as confidential in order to avail itself of the protections set forth herein).

13. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us at [email protected]. You acknowledge and agree that all Feedback will be the sole and exclusive property of LeadAnswer and you hereby irrevocably assign to LeadAnswer and agree to irrevocably assign to LeadAnswer all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.

14. Ownership

The Site, Services and LeadAnswer Content are protected by copyright, trademark, and other laws of the United States, and other foreign countries. Except as expressly provided in these Terms, LeadAnswer and its licensors exclusively own all right, title and interest in and to the Site, Services and LeadAnswer Content, including all associated intellectual property rights.

15. Trademark

All trademarks, service marks, logos, trade names and any other proprietary designations of LeadAnswer used herein are trademarks or registered trademarks of LeadAnswer. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

16. Pricing, Billing, Late Payments and Innovation Fees

Please see your Customer Agreement for information regarding pricing and billing for these Services. If you have any questions about LeadAnswer's billing policies, please contact LeadAnswer at [email protected].

17. Terms for LeadAnswer Payments

If you decide to leverage LeadAnswer Payments ("Payments"), you expressly agree to the following terms and conditions:

Stripe Terms of Service: You agree to be bound by Stripe Terms of Service located at: https://stripe.com/ssa. The Stripe Terms of Service may be modified periodically by Stripe in its sole discretion.
No PCI DSS Liability: You understand, acknowledge and agree that all payment transactions processed through LeadAnswer Payments are done through a third party payment processor which is Level 1 PCI DSS compliant.
No Refunds of Payment Fees; Client Liability to Its Customers for Refunds: LeadAnswer will not refund any Payment Fees upon a refund, chargeback or other reversal of a transaction.

18. Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOU ACKNOWLEDGE THAT THE SERVICES HAVE NOT BEEN CREATED OR ADAPTED FOR THE PARTICULAR NEEDS, OBJECTIVES OR CIRCUMSTANCES OF ANY PERSON OR ENTITY.

19. Indemnification

You agree to defend, indemnify, and hold LeadAnswer, its officers, directors, employees, consultants, affiliates, subsidiaries and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content, your access to or use of the Site, Services or LeadAnswer Content, or your violation of these Terms.

20. Limitation of Liabilities

SUBJECT TO SECTION #19 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT LEADANSWER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.

21. Termination

Without limiting other remedies, LeadAnswer may at any time suspend, terminate, or refuse to provide you with access to the Site or Services. In addition, LeadAnswer may notify authorities or take any actions it deems appropriate, without notice to you, if LeadAnswer suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms and Conditions or any policies or rules established by LeadAnswer; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, LeadAnswer users, LeadAnswer or any other third parties or the Site or Services.

22. Copyright Policy

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the "DMCA"), we will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to our Designated Copyright Agent identified in the sample notice below.

23. Changes to Services or Terms

LeadAnswer reserves the right, in its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time. Changes to the Services may include the modification or discontinuation of any "review aggregation" services currently offered as part of the Services.

24. Entire Agreement, Governing law, Severability, Non-waiver, Assignment

Your Customer Agreement, any Order Forms, these Terms, our Privacy Policy, and the DPA constitute the entire agreement between the parties relating to the Services and all related activities (if not defined elsewhere, the "Agreement"). These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us on the LeadAnswer Site.

25. Sale of Business

If you sell your business or sell or transfer a portion of assets in a merger, the purchaser or successor in interest must guarantee to perform all obligations under the Agreement for the remaining Agreement Term.

26. Contact Us

If you have any questions about these Terms, please contact LeadAnswer at [email protected].