Terms of Service

By using LeadCap, here's what you're agreeing to. Clear sections, numbered for reference.

Terms of Service

Last updated: January 15, 2025

Please read these Terms of Service carefully before using LeadCap.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Service:

  • Account means a unique account created for You to access our Service or parts of our Service.

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to LeadCap Technologies, LLC.

  • Content means any data, information, text, images, or other materials that You provide, upload, or generate through the Service, including but not limited to email templates, lead information, and outreach messages.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Lead means a potential customer or business contact that LeadCap finds, enriches, or processes on Your behalf through the Service.

  • Service refers to the LeadCap platform, including our website, web application, API, and all related services for lead generation, email outreach, and contact management.

  • Subscription means a paid plan (Starter, Professional, or Agency) that provides access to specific features and usage limits within the Service.

  • Terms (also referred as “Terms of Service” or “Terms and Conditions”) mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Services means any services, APIs, or content provided by third parties that are integrated with or used by the Service, including but not limited to Apify, Google APIs, Stripe, Resend, and email service providers.

  • Website refers to LeadCap, accessible from https://leadcap.app and https://app.leadcap.app

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms of Service governing the use of the LeadCap Service and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms of Service. If You disagree with any part of these Terms, then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Service and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Description of Service

LeadCap is an automated lead generation and outreach platform that:

  • Discovers and curates leads from various sources including real estate listings, event platforms, business directories, and other publicly available data sources
  • Enriches lead data with contact information, including email addresses and business details
  • Generates personalized email content using artificial intelligence
  • Sends and tracks email outreach campaigns
  • Provides analytics and reporting on outreach performance

The Service is designed to help businesses automate their lead generation and outreach processes. You are responsible for ensuring that Your use of the Service complies with all applicable laws and regulations in Your jurisdiction.

User Accounts and Registration

To access certain features of the Service, You must register for an account. When You register, You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update Your account information
  • Maintain the security of Your password and account
  • Accept responsibility for all activities that occur under Your account
  • Notify Us immediately of any unauthorized use of Your account

You are responsible for safeguarding the password and for all activities that occur under Your account. We are not liable for any loss or damage arising from Your failure to comply with this requirement.

Subscription Plans and Billing

Subscription Plans

LeadCap offers subscription plans with different features and usage limits:

  • Starter Plan: Limited leads and emails per month
  • Professional Plan: Higher limits for leads and emails
  • Agency Plan: Unlimited leads and emails

Plan details, pricing, and features are subject to change. Current plan information is available on our pricing page.

Billing and Payment

  • Subscriptions are billed on a monthly or annual basis, as selected during checkout
  • Payment is processed through Stripe, our third-party payment processor
  • You agree to provide accurate payment information and authorize Us to charge Your payment method for all fees
  • All fees are non-refundable except as required by law or as explicitly stated in these Terms
  • If payment fails, We may suspend or terminate Your access to the Service

Subscription Changes and Cancellation

  • You may upgrade, downgrade, or cancel Your subscription at any time through Your account settings
  • Changes to Your subscription will take effect at the start of Your next billing cycle
  • If You cancel, You will continue to have access to the Service until the end of Your current billing period
  • No refunds will be provided for partial billing periods

Usage Limits

Each subscription plan includes specific usage limits for leads, emails, and other features. If You exceed these limits:

  • We may suspend additional usage until You upgrade Your plan
  • We may automatically upgrade Your plan and charge You accordingly
  • We will notify You before taking any such action

Acceptable Use

You agree not to use the Service:

  • For any illegal purpose or in violation of any local, state, national, or international law
  • To send spam, unsolicited commercial emails, or any other form of unsolicited communications
  • To violate any email marketing laws or regulations, including but not limited to CAN-SPAM Act, GDPR, and CASL
  • To harvest, collect, or store personal information about others without their consent
  • To impersonate any person or entity or falsely state or misrepresent Your affiliation with any person or entity
  • To transmit any content that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • To interfere with or disrupt the Service or servers or networks connected to the Service
  • To use automated systems (bots, scrapers, etc.) to access the Service in a manner that sends more request messages than a human could reasonably produce
  • To attempt to gain unauthorized access to any portion of the Service or any other accounts, computer systems, or networks
  • To reverse engineer, decompile, or disassemble any portion of the Service

Email Compliance and Legal Requirements

Your Responsibility for Compliance

You are solely responsible for ensuring that Your use of the Service, including all emails sent through the Service, complies with all applicable laws and regulations, including:

  • CAN-SPAM Act (United States): Requires opt-out mechanisms, accurate sender information, and truthful subject lines
  • GDPR (European Union): Requires consent for processing personal data and sending marketing communications
  • CASL (Canada): Requires express or implied consent for commercial electronic messages
  • Other applicable laws in Your jurisdiction and the jurisdictions of Your recipients

Unsubscribe Management

The Service includes built-in unsubscribe management features. You agree to:

  • Honor all unsubscribe requests promptly
  • Not send emails to recipients who have unsubscribed
  • Include clear and conspicuous unsubscribe links in all commercial emails
  • Process unsubscribe requests within the timeframes required by applicable law

Prohibited Content

You agree not to use the Service to send emails containing:

  • False or misleading information
  • Deceptive subject lines
  • Content that violates intellectual property rights
  • Malicious code, viruses, or malware
  • Content that violates any applicable law or regulation

Lead Data Accuracy

While LeadCap strives to provide accurate lead information, We do not guarantee the accuracy, completeness, or reliability of any lead data. You are responsible for verifying the accuracy of lead information before using it for outreach.

Intellectual Property Rights

Our Rights

The Service and its original content, features, and functionality are owned by LeadCap Technologies, LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Your Content

You retain ownership of any Content You provide, upload, or create through the Service. By using the Service, You grant Us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute Your Content solely for the purpose of providing and improving the Service.

AI-Generated Content

Emails and other content generated by Our AI systems are provided “as is” and may not be perfect. You are responsible for reviewing and approving all AI-generated content before sending it. We do not claim ownership of AI-generated content, but You may not use it in a manner that violates these Terms or applicable law.

Third-Party Services

The Service integrates with and relies on various Third-party Services, including:

  • Apify: For web scraping and data collection
  • Google APIs: For authentication, email services, and location data
  • Stripe: For payment processing
  • Resend: For transactional email delivery
  • Other third-party services: As may be added from time to time

Your use of Third-party Services may be subject to separate terms and conditions. We are not responsible for the availability, accuracy, or practices of Third-party Services. Your interactions with Third-party Services are solely between You and the third party.

Data and Privacy

Your use of the Service is also governed by Our Privacy Policy. By using the Service, You consent to the collection and use of Your information as described in the Privacy Policy.

You are responsible for:

  • Obtaining necessary consents for collecting and processing lead data
  • Complying with data protection laws applicable to Your use of the Service
  • Ensuring that lead data You collect and use through the Service is obtained legally

Service Availability and Modifications

We reserve the right to:

  • Modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice
  • Update the Service to add or remove features
  • Perform maintenance that may temporarily interrupt Service availability

We will make reasonable efforts to notify You of significant changes or interruptions, but We are not obligated to do so.

Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

  • The Service will meet Your requirements
  • The Service will be uninterrupted, timely, secure, or error-free
  • The results obtained from using the Service will be accurate or reliable
  • Any errors in the Service will be corrected
  • Lead data provided through the Service is accurate, complete, or up-to-date

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEADCAP TECHNOLOGIES, LLC, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.

UNDER NO CIRCUMSTANCES SHALL LEADCAP TECHNOLOGIES, LLC BE LIABLE FOR ANY DAMAGES, LOSSES, OR COSTS ARISING FROM:

  • Your use of lead data obtained through the Service
  • Emails sent through the Service that violate applicable laws
  • Your failure to comply with email marketing regulations
  • Any actions taken by recipients of Your emails
  • The accuracy or completeness of lead information

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to You.

Indemnification

You agree to defend, indemnify, and hold harmless LeadCap Technologies, LLC and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:

  • Your use of and access to the Service
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • Any claim that Your Content or emails sent through the Service caused damage to a third party
  • Your violation of any applicable law or regulation, including email marketing laws

Termination

We may terminate or suspend Your account and access to the Service immediately, without prior notice or liability, for any reason, including if You breach these Terms.

Upon termination:

  • Your right to use the Service will immediately cease
  • We may delete Your account and all associated data
  • You remain responsible for all charges incurred up to the date of termination

You may terminate Your account at any time by canceling Your subscription through Your account settings or by contacting Us.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Dispute Resolution

If You have any concern or dispute about the Service, You agree to first contact Us at help@leadcap.app to try to resolve the dispute informally.

Changes to These Terms

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service and cancel Your subscription.

Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Entire Agreement

These Terms constitute the entire agreement between You and LeadCap Technologies, LLC regarding the use of the Service and supersede all prior agreements and understandings.

Contact Us

If you have any questions about these Terms of Service, You can contact us:

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