Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," "Client," or "User") and LeadGhost, LLC ("LeadGhost," "we," "our," or "us") governing your access to and use of the LeadGhost platform, website, services, and applications (collectively, the "Services").

BY CREATING AN ACCOUNT, ACCESSING, OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. If you do not agree to these Terms, you may not use our Services.

These Terms apply to all users of the Services, including Clients who subscribe to our services and End Users who visit Client websites where our tracking script is installed.

2. Description of Services

LeadGhost provides a Software-as-a-Service (SaaS) platform that offers:

• Lead Tracking & Attribution: JavaScript tracking scripts that collect visitor behavior data, browsing patterns, and engagement metrics
• Geolocation Services: IP-based and GPS-based location tracking for lead attribution
• Analytics Dashboard: Tools to view, analyze, and manage leads collected from your website(s)
• Direct Mail Services: Automated postcard and letter mailing capabilities integrated with third-party fulfillment providers
• Skip-Tracing Integration: Property data lookup and enrichment services
• CRM Features: Lead management, status tracking, and contact organization
• API Access: Programmatic access to your lead data (where available)

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, without liability to you.

3. Eligibility and Account Registration

3.1 Eligibility

You must meet the following requirements to use our Services:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Services under applicable laws
• Represent a legitimate business entity with lawful purposes
• Comply with all applicable laws and regulations in your jurisdiction

3.2 Account Registration

• You must provide accurate, current, and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized access or security breach
• We reserve the right to refuse service or terminate accounts at our discretion

3.3 Account Security

You agree to:

• Use a strong, unique password for your account
• Enable multi-factor authentication when available
• Not share your account credentials with third parties
• Immediately notify us of any suspected unauthorized access

4. Acceptable Use Policy

4.1 Permitted Uses

You may use our Services only for lawful purposes and in accordance with these Terms. Specifically, you agree to:

• Use the Services solely for legitimate business purposes
• Comply with all applicable laws, including privacy, data protection, and anti-spam regulations
• Provide clear and conspicuous notice to End Users about data collection
• Obtain necessary consents from End Users where required by law
• Respect intellectual property rights of others

4.2 Prohibited Uses

You agree NOT to:

• Illegal Activities: Use the Services for any unlawful purpose or to violate any laws, including but not limited to:
  • Fraud, identity theft, or misrepresentation
  • Harassment, stalking, or threats
  • Collection of information from minors
  • Circumventing consumer protection laws
• Spam and Unsolicited Communications:
  • Send unsolicited bulk mail or spam
  • Violate CAN-SPAM Act, TCPA, or similar regulations
  • Send mail to individuals on Do Not Mail lists
  • Use misleading sender information or subject lines
• Prohibited Content: Send or upload content that is:
  • Illegal, harmful, threatening, abusive, harassing, defamatory, or hateful
  • Pornographic, sexually explicit, or obscene
  • Infringing on intellectual property rights
  • Containing viruses, malware, or harmful code
  • Promoting illegal drugs, weapons, or dangerous activities
• System Abuse:
  • Attempt to gain unauthorized access to our systems or networks
  • Interfere with or disrupt the Services or servers
  • Use automated tools to scrape or harvest data
  • Reverse engineer, decompile, or disassemble our software
  • Remove, circumvent, or tamper with security features
  • Launch denial-of-service attacks or similar disruptions
• Competitive Activities:
  • Use the Services to develop competing products or services
  • Benchmark our Services without written permission
  • Copy, modify, or create derivative works of our Services
• Resale: Resell, rent, lease, or sublicense the Services without authorization

5. Client Responsibilities and Compliance

5.1 Legal Compliance

As a Client, you are solely responsible for:

• Complying with all applicable laws regarding data collection, including GDPR, CCPA, COPPA, and TCPA
• Obtaining necessary consents and providing required disclosures to End Users
• Maintaining a privacy policy that accurately describes data collection practices
• Honoring opt-out requests and user data rights
• Ensuring all direct mail complies with postal regulations and anti-spam laws
• Maintaining Do Not Mail list compliance

5.2 End User Notice and Consent

You must:

• Provide clear notice to End Users that tracking is occurring
• Disclose what data is collected and how it is used
• Obtain legally required consents before tracking
• Implement the consent popup functionality provided by our tracking script
• Not modify the tracking script to bypass consent mechanisms

5.3 Content Responsibility

You are solely responsible for:

• All content you upload, transmit, or send through our Services
• Ensuring you have rights to use all content (text, images, trademarks)
• Ensuring mailed content complies with postal regulations
• The accuracy and legality of recipient addresses
• Any claims or disputes arising from your use of the Services

5.4 Opt-Out and Suppression List Responsibility

Client bears sole responsibility for managing opt-out requests. Specifically:

• Direct Opt-Out Requests: If a mail recipient contacts you (the Client) directly to request removal from future mailings, you are solely responsible for honoring that request and maintaining your own suppression/do-not-mail list
• LeadGhost Opt-Out Mechanism: LeadGhost provides an opt-out mechanism through the consent popup on your website. End Users who decline consent will not be tracked
• Suppression List Maintenance: You must maintain and regularly update your own suppression lists to prevent mailing to individuals who have requested removal
• Compliance: You are responsible for compliance with all applicable do-not-mail regulations, including state-specific requirements
• Indemnification: You agree to indemnify LeadGhost against any claims arising from your failure to honor opt-out requests or maintain appropriate suppression lists

LeadGhost is a service provider and platform. We facilitate direct mail campaigns on your behalf, but you retain full responsibility for recipient list management, opt-out compliance, and all communications with mail recipients.

6. Subscription Plans and Billing

6.1 Pricing and Plans

• Service fees are based on the subscription plan you select
• Pricing is available on our website and may change with notice
• Additional fees apply for direct mail services based on volume
• Skip-tracing and property lookup services may incur additional charges

6.2 Payment Terms

• Payment Method: You must provide valid payment information (credit card or approved payment method)
• Authorization: You authorize us to charge your payment method for all fees incurred
• Recurring Billing: Subscriptions automatically renew unless cancelled
• Payment Processing: Payments are processed by Stripe; their terms apply
• Failed Payments: If payment fails, we may suspend or terminate your account

6.3 Direct Mail Billing

• Postcard and mail services are charged at time of order submission
• Charges are non-refundable once mail is submitted to fulfillment
• Minimum charges apply even if mail is undeliverable
• You are responsible for verifying recipient addresses before submission

6.4 Taxes

All fees are exclusive of applicable taxes, duties, or similar governmental assessments. You are responsible for all taxes except those based on our net income.

6.5 Refund Policy

• Subscription Fees: Non-refundable except as required by law or at our sole discretion
• Direct Mail Fees: Non-refundable once submitted to fulfillment provider
• Disputes: Contact jeffdaviscpt@gmail.com within 30 days of charge to dispute

7. Subscription Management

7.1 Plan Changes

• You may upgrade or downgrade your plan at any time through your dashboard
• Upgrades take effect immediately; prorated charges apply
• Downgrades take effect at the next renewal period
• Feature limitations apply based on your plan tier

7.2 Cancellation

• You may cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of your current billing period
• No refunds for partial months or unused services
• Access to Services continues until end of paid period
• Data may be deleted after cancellation per our retention policy

7.3 Free Trials

• Free trials, if offered, are subject to separate terms
• Payment method must be provided for trial activation
• Subscription begins automatically after trial unless cancelled
• One free trial per customer; we reserve the right to deny trials

8. Intellectual Property Rights

8.1 Our Intellectual Property

LeadGhost retains all rights, title, and interest in and to the Services, including:

• Software, code, algorithms, and technology
• Trademarks, logos, and branding
• Documentation, content, and materials
• Trade secrets, know-how, and methodologies
• All improvements, modifications, and derivative works

These Terms do not grant you any ownership rights in our intellectual property. All rights not expressly granted are reserved by LeadGhost.

8.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Services for your internal business purposes
• Install our tracking script on websites you own or control
• Use our dashboard and tools as intended

8.3 Your Content

• You retain ownership of content you upload or submit
• You grant us a license to use your content to provide the Services
• This includes rights to store, display, process, and transmit your content
• We may use anonymized, aggregated data for analytics and improvement

8.4 Feedback

If you provide feedback, suggestions, or ideas, we may use them without obligation to you. You assign all rights in such feedback to LeadGhost.

9. Data Ownership and Access

9.1 Your Data

• You retain ownership of lead data and End User data collected through your account
• You are solely responsible for the accuracy and legality of your data
• You may export your data at any time in available formats

9.2 Data Use Rights

• We may use anonymized, aggregated data for analytics, research, and service improvement
• We may analyze usage patterns to enhance our Services
• Individual identifiable data is not shared except as described in our Privacy Policy

9.3 Data Upon Termination

• You may export your data within 30 days of termination
• After 90 days, we may permanently delete your data
• Backup copies may persist for up to 90 additional days
• Some data may be retained as required by law

10. Third-Party Services and Integrations

Our Services integrate with third-party providers, including:

• Stripe: Payment processing
• Lob: Mail fulfillment
• RapidAPI: Property data and skip-tracing

Your use of these services is subject to their respective terms and conditions. We are not responsible for third-party services or their availability, performance, or compliance. Any issues with third-party services should be directed to those providers.

11. Warranties and Disclaimers

11.1 LIMITED WARRANTY

We warrant that the Services will perform substantially in accordance with our documentation under normal use. This warranty is void if issues result from:

• Misuse, abuse, or unauthorized modifications
• Third-party software or services
• Your failure to implement updates
• Factors beyond our reasonable control

Your sole remedy for breach of this warranty is, at our option, to correct the non-conforming Services or refund fees for the non-conforming Services.

11.2 DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, LEADGHOST DISCLAIMS ALL WARRANTIES, INCLUDING:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR VIRUS-FREE
• WARRANTIES REGARDING ACCURACY, RELIABILITY, OR COMPLETENESS OF DATA
• WARRANTIES REGARDING DELIVERABILITY OF MAIL OR EFFECTIVENESS OF CAMPAIGNS

NO ADVICE OR INFORMATION OBTAINED FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

12. Limitation of Liability

12.1 TYPES OF DAMAGES EXCLUDED

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LEADGHOST, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM:
  • USE OR INABILITY TO USE THE SERVICES
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
  • STATEMENTS OR CONDUCT OF ANY THIRD PARTY
  • DATA BREACHES OR SECURITY INCIDENTS
  • ERRORS, MISTAKES, OR INACCURACIES IN DATA OR CONTENT
  • UNDELIVERED OR MISDELIVERED MAIL
  • THIRD-PARTY SERVICES OR INTEGRATIONS
  • SUSPENSION OR TERMINATION OF YOUR ACCOUNT

12.2 MAXIMUM LIABILITY CAP

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• (A) $100 USD, OR
• (B) THE TOTAL FEES PAID BY YOU TO LEADGHOST IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY

12.3 BASIS OF THE BARGAIN

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE. THESE LIMITATIONS REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE A FUNDAMENTAL BASIS OF THE BARGAIN.

12.4 JURISDICTIONS THAT DO NOT ALLOW LIMITATIONS

Some jurisdictions do not allow certain limitations on implied warranties or exclusions/limitations of certain damages. In such jurisdictions, the above limitations apply only to the extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless LeadGhost, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights, including intellectual property rights
• Content you submit, upload, or transmit through the Services
• Direct mail campaigns you conduct using the Services
• Claims by End Users regarding data collection or privacy
• Your failure to comply with data protection laws (GDPR, CCPA, etc.)
• Any negligence or willful misconduct by you or your employees/agents

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of such claims.

14. Dispute Resolution and Arbitration

14.1 MANDATORY ARBITRATION

YOU AND LEADGHOST AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING INDIVIDUAL ARBITRATION, EXCEPT AS PROVIDED BELOW.

14.2 Arbitration Procedures

• Arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules
• The arbitration shall be conducted by a single neutral arbitrator
• The arbitrator's decision shall be final and binding
• Judgment on the award may be entered in any court of competent jurisdiction
• Each party shall bear its own costs and attorneys' fees unless the arbitrator awards fees

14.3 Location and Governing Law

• Arbitration shall take place in Michigan, unless otherwise agreed
• These Terms are governed by the laws of Michigan, excluding conflicts of law principles
• The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision

14.4 CLASS ACTION WAIVER

YOU AND LEADGHOST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION.

• No arbitration shall be joined with another arbitration
• No class arbitrations, class actions, or representative actions are permitted
• The arbitrator may award relief only in favor of the individual party seeking relief

14.5 Exceptions to Arbitration

Either party may bring suit in court in the following situations:

• To enforce intellectual property rights
• To seek injunctive or equitable relief
• For claims in small claims court (if eligible)
• To seek temporary restraining orders or preliminary injunctions

14.6 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice within 30 days of first accepting these Terms to: jeffdaviscpt@gmail.com. Your notice must include your name, address, email, and a clear statement that you wish to opt out of arbitration.

15. Termination

15.1 Termination by You

• You may terminate these Terms by cancelling your subscription
• Cancellation takes effect at the end of your current billing period
• You remain responsible for all fees incurred prior to termination

15.2 Termination by Us

We may suspend or terminate your account immediately, without notice, for:

• Violation of these Terms or Acceptable Use Policy
• Non-payment of fees
• Fraudulent, illegal, or abusive activity
• Risk to our systems, security, or other users
• Legal or regulatory requirements
• Any reason at our sole discretion

15.3 Effect of Termination

Upon termination:

• Your right to use the Services immediately ceases
• We may delete your data per our retention policy
• Accrued fees and charges remain payable
• Provisions that by their nature should survive shall survive

15.4 Survival

The following sections survive termination: Intellectual Property, Data Ownership, Warranties Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions.

16. Modifications to Terms

We may modify these Terms at any time by:

• Posting the updated Terms with a new "Last Updated" date
• Providing notice via email or dashboard notification
• Requiring acceptance for material changes

Continued use of the Services after changes constitutes acceptance. If you do not agree to changes, you must stop using the Services and cancel your subscription.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any referenced policies, constitute the entire agreement between you and LeadGhost regarding the Services and supersede all prior agreements and understandings.

17.2 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.

17.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.

17.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by our authorized representative.

17.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

17.6 Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, joint venture, employment, or agency relationship.

17.7 Export Compliance

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in, under control of, or a national of any country subject to U.S. embargo or sanctions.

17.8 Government Users

If you are a U.S. government entity, the Services are "Commercial Items" as defined in FAR 2.101, and are provided with only those rights as are granted to all other users under these Terms.

17.9 No Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights.

17.10 Language

These Terms are drafted in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.

18. Contact Information

For questions about these Terms, contact us:

• Email: jeffdaviscpt@gmail.com
• Phone: (586) 227-3836
• Mail: LeadGhost, LLC
  Legal Department
  32009 Crane St
  Harrison Township, MI 48045
  United States

19. Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.