Terms of Service
# TERMS OF SERVICE
Last updated: October 9, 2025
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## ⚠️ IMPORTANT NOTICES - READ CAREFULLY BEFORE USING THE SERVICE
### TCPA NOTICE (Telephone Consumer Protection Act)
This Service includes automated telephone calling features. You MUST obtain proper consent before using these features to contact YOUR customers. Violations of the Telephone Consumer Protection Act (TCPA) can result in fines up to $1,500 per call. You are solely responsible for TCPA compliance when using automated calls to contact YOUR customers. This Service is NOT a substitute for legal advice regarding TCPA compliance.
### YOUR CONSENT TO RECEIVE CALLS FROM US
By providing your phone number and enabling automated calling features, you consent to receive automated calls and SMS from SYNERGY FACTOR INC about customer leads and Service functionality. You may opt-out at any time by pressing 9 during a call or through your account settings. Opt-out is immediate and applies globally to your phone number.
### AI-GENERATED CONTENT WARNING
This Service uses artificial intelligence (AI) to automatically generate messages and call scripts. AI may produce inaccurate, inappropriate, or non-compliant content. You are solely responsible for all content sent from your account, including AI-generated content. We strongly recommend reviewing important communications before they are sent.
### INDEMNIFICATION REQUIREMENT
You agree to indemnify and hold us harmless against all claims, damages, fines, penalties, and expenses (including attorneys' fees) arising from:
- Your use of the Service
- Your violations of TCPA, telemarketing laws, or other regulations
- AI-generated content sent from your account
- Your communications with customers
- Your violation of these Terms
### NO WARRANTIES - SERVICE PROVIDED "AS-IS"
The Service is provided "AS-IS" and "AS-AVAILABLE" without any warranties of any kind. We do NOT guarantee uninterrupted service, accuracy of AI content, successful call completion, or lead conversion. Use at your own risk.
### MANDATORY ARBITRATION AND CLASS ACTION WAIVER
By using the Service, you agree that disputes will be resolved through binding arbitration (not court) and you WAIVE your right to participate in class actions. See Section 20 for details and opt-out rights.
### GEOGRAPHIC RESTRICTIONS
Automated calling features are ONLY available for US and Canada phone numbers (+1 country code). International calling is NOT supported. Caller ID verification is restricted to US/Canada numbers only.
### MULTI-PLATFORM SERVICE
This Service integrates with Yelp, Thumbtack, Twilio, OpenAI, Google, and other third-party platforms. Service functionality depends on these platforms and may be affected by their policy changes, API restrictions, or service interruptions.
---
## AGREEMENT TO OUR LEGAL TERMS
Welcome to SYNERGY FACTOR INC ("Company," "we," "us," "our"). We are a company registered in Delaware, United States. Our mailing address is: 407 E AYRE ST, UNIT 1399, WILMINGTON, DE 19804 USA.
We operate the websites https://leadwinner.ai and https://app.leadwinner.ai (the "Site"), as well as any other related products and services that refer or link to these legal terms (collectively, the "Services" or "Service").
By accessing or using our Services, you ("you," "your," or "user") agree to be bound by these Terms of Service ("Terms"). If you do not agree with all of these Terms, then you are expressly prohibited from using the Services and must discontinue use immediately.
Supplemental terms and conditions or documents may be posted on the Services from time to time and are hereby expressly incorporated by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. It is your responsibility to periodically review these Terms to stay informed of updates.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
---
## TABLE OF CONTENTS
1. [Our Services](#1-our-services)
2. [Intellectual Property Rights](#2-intellectual-property-rights)
3. [User Representations](#3-user-representations)
4. [User Registration](#4-user-registration)
5. [Purchases and Payment](#5-purchases-and-payment)
6. [Subscriptions](#6-subscriptions)
7. [Prohibited Activities](#7-prohibited-activities)
8. [User-Generated Content](#8-user-generated-content)
9. [Contribution License](#9-contribution-license)
10. [Guidelines for Reviews](#10-guidelines-for-reviews)
11. [Social Media](#11-social-media)
12. [Third-Party Websites and Content](#12-third-party-websites-and-content)
13. [Advertisers](#13-advertisers)
14. [Services Management](#14-services-management)
15. [Privacy Policy](#15-privacy-policy)
16. [Copyright Infringements](#16-copyright-infringements)
17. [Term and Termination](#17-term-and-termination)
18. [Modifications and Interruptions](#18-modifications-and-interruptions)
19. [Governing Law](#19-governing-law)
20. [Dispute Resolution](#20-dispute-resolution)
21. [Corrections](#21-corrections)
22. [Disclaimer](#22-disclaimer)
23. [Limitations of Liability](#23-limitations-of-liability)
24. [Indemnification](#24-indemnification)
25. [User Data](#25-user-data)
26. [Electronic Communications, Transactions, and Signatures](#26-electronic-communications-transactions-and-signatures)
27. [California Users and Residents](#27-california-users-and-residents)
28. [Miscellaneous](#28-miscellaneous)
29. [Contact Us](#29-contact-us)
30. [AI-Generated Content](#30-ai-generated-content)
31. [No Professional Advice](#31-no-professional-advice)
32. [Automated Calling System and Telephone Consumer Protection Act (TCPA)](#32-automated-calling-system-and-telephone-consumer-protection-act-tcpa)
33. [Consent to Communications and Notifications](#33-consent-to-communications-and-notifications)
34. [Multi-Platform Service and Geographic Restrictions](#34-multi-platform-service-and-geographic-restrictions)
35. [Fraud Prevention, Rate Limits, and Abuse Prevention](#35-fraud-prevention-rate-limits-and-abuse-prevention)
36. [Enhanced Liability Limitations and Disclaimers](#36-enhanced-liability-limitations-and-disclaimers)
37. [Force Majeure and Service Modifications](#37-force-majeure-and-service-modifications)
38. [Additional Service Features and Limitations](#38-additional-service-features-and-limitations)
---
## 1. OUR SERVICES
The information provided through our Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Users who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.
Important Notice: The Services are not designed to comply with industry-specific regulations (e.g., Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), Gramm-Leach-Bliley Act (GLBA)). You may not use the Services in a way that would violate such laws.
### 1.1 Service Description
Our Services provide:
- Lead management from multiple platforms (Yelp, Thumbtack)
- AI-powered automated responses to customer inquiries
- Automated telephone calling to connect businesses with customers
- SMS and email notifications for new leads
- Multi-platform integration for unified lead tracking
- Caller ID verification for business phone numbers
- Call recording and logging for compliance
- Business analytics and reporting
### 1.2 Service Limitations
The Services:
- Require active accounts with third-party platforms (Yelp, Thumbtack)
- Depend on third-party APIs and services that may change without notice
- Are subject to rate limits, fair use policies, and geographic restrictions
- May experience downtime, delays, or service interruptions
- Do NOT guarantee lead conversion, customer responses, or business success
---
## 2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (collectively, the "Content") and the trademarks, service marks, logos, and trade names contained therein (the "Marks") are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights.
### 2.1 Limited License
Provided that you are eligible to use the Services, you are granted a limited, non-exclusive, non-transferable, revocable license to:
- Access and use the Services for your personal or internal business purposes
- Use the Services in accordance with these Terms
- Access Content made available through the Services
### 2.2 Restrictions
You agree NOT to:
- Reproduce, distribute, modify, or create derivative works of the Content
- Publicly display, publicly perform, republish, download, or store Content (except as permitted)
- Use Content for commercial purposes outside the intended Service functionality
- Remove or alter any copyright, trademark, or proprietary notices
- Reverse engineer, decompile, or disassemble any software or technology
- Use automated tools to scrape or extract data from the Services
- Frame or mirror any part of the Services without written permission
- Create derivative works based on the Services
### 2.3 No Transfer of Intellectual Property Rights
CRITICAL: NO OWNERSHIP OR INTELLECTUAL PROPERTY RIGHTS ARE TRANSFERRED TO YOU.
You acknowledge and agree that:
- NO copyright, trademark, patent, trade secret, or any other intellectual property rights in the Service or Content are transferred to you
- Your license is LIMITED TO USE ONLY as expressly permitted in Section 2.1
- All intellectual property rights remain exclusively with SYNERGY FACTOR INC or our licensors
- This includes but is not limited to:
- Software code, algorithms, and architecture
- User interface designs and layouts
- Branding, logos, trademarks, and trade dress
- Business processes and methodologies
- Database structures and data models
- AI models, prompts, and training data
- Documentation, manuals, and tutorials
- All improvements, modifications, and derivatives
No Implied Rights:
- You receive ONLY the rights explicitly granted in Section 2.1
- NO IMPLIED LICENSES are granted
- Any use beyond the explicit license is strictly prohibited and constitutes infringement
Effect of Termination:
- Upon termination of your account or these Terms, ALL RIGHTS IMMEDIATELY CEASE
- You must immediately cease all use of the Service and Content
- You must delete or destroy all copies of any downloaded Content
### 2.4 AI-Generated Content Ownership
Important: Content generated by AI (including messages, call scripts, and responses) may not be eligible for copyright protection under current laws. You acknowledge that:
- AI-generated content may lack clear ownership rights under current law
- Multiple users may receive similar AI-generated content
- We make no warranties regarding intellectual property rights in AI content
- We retain all rights (to the extent any exist) in AI-generated content
- You are responsible for ensuring AI content doesn't infringe third-party rights
- We do NOT assign or transfer any rights in AI-generated content to you
### 2.5 Your Content
You retain ownership of content you create and upload to the Services (such as custom business prompts, instructions, and settings). However, by uploading content, you grant us a license as described in Section 9 (Contribution License).
---
## 3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
1. Account Information: All registration information you submit will be true, accurate, current, and complete
2. Information Maintenance: You will maintain the accuracy of such information and promptly update it as necessary
3. Legal Capacity: You have the legal capacity and you agree to comply with these Terms
4. Age Requirement: You are not under the age of 18
5. No Automation Abuse: You will not access the Services through automated or non-human means (bots, scripts) except through authorized APIs
6. Legal Use: You will not use the Services for any illegal or unauthorized purpose
7. Compliance: Your use of the Services will not violate any applicable law or regulation
8. AI Content Understanding: You understand that the Services may include AI-generated content, which may not always be accurate or appropriate
9. Independent Verification: You will not rely solely on AI-generated content without independent verification
10. AI Content Responsibility: You accept full responsibility for any use of AI-generated content provided through the Services
11. TCPA Compliance: You will obtain all necessary consents before using automated calling features
12. Platform Authorization: You have authority to connect and share data from third-party platforms
13. Business Authority: You have authority to represent and bind your business
14. Phone Number Ownership: You own or control any phone numbers you verify for caller ID
15. No Fraud: You will not engage in fraudulent activity or abuse Service features
Consequences of False Representations:
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
---
## 4. USER REGISTRATION
You may be required to register an account to access the Services. You agree to:
### 4.1 Account Security
- Keep your password confidential and secure
- Use a strong, unique password
- Enable two-factor authentication if available
- Not share your account credentials with others
- Notify us immediately of any unauthorized access
### 4.2 Account Responsibility
You are responsible for:
- All use of your account and password
- All actions taken under your account
- All content generated or sent from your account (including AI-generated content)
- All communications made through your account
- Maintaining current contact information
### 4.3 Username Policy
We reserve the right to:
- Remove or change a username you select if we determine it is inappropriate
- Reclaim inactive usernames after extended periods
- Refuse registration of certain usernames
- Require username changes for security or policy reasons
### 4.4 Account Types
Individual Accounts:
- For single users managing their own businesses
- Personal liability for all account activity
Business Accounts:
- May have multiple users or team members
- Account owner is responsible for all team member activity
- Additional terms may apply
---
## 5. PURCHASES AND PAYMENT
### 5.1 Payment Methods
We accept the following forms of payment:
- Credit Cards: Visa, MasterCard, American Express, Discover
- Digital Payments: PayPal, Apple Pay, Google Pay
- All payments processed securely through Stripe
### 5.2 Payment Authorization
You agree to:
- Provide current, complete, and accurate purchase and account information
- Promptly update account and payment information (card number, expiration date, billing address)
- Authorize us to charge your payment method for the total amount of your purchase
- Pay all charges at the prices in effect when charges are incurred
### 5.3 Pricing
- All prices are in United States Dollars (USD) unless otherwise specified
- Prices are subject to change at any time at our sole discretion
- We reserve the right to correct pricing errors, even if we have already requested or received payment
- Price changes for subscriptions may take effect immediately or at next renewal, at our discretion
- We may grandfather existing subscribers at old pricing, but are NOT REQUIRED to do so
- Promotional pricing is temporary and subject to change without notice
### 5.4 Taxes
- Prices do NOT include applicable taxes unless stated
- You are responsible for all sales, use, and excise taxes
- We will charge applicable taxes based on billing address
- Tax rates may change based on location or law changes
### 5.5 Refund Policy
IMPORTANT: All payments are STRICTLY NON-REFUNDABLE except as expressly stated below or as specifically required by applicable law.
NO REFUNDS FOR:
- Partial subscription periods or unused time
- Service dissatisfaction, change of mind, or unmet expectations
- Failure to use the Service, features, or your account
- Account termination for Terms violations or abuse
- Third-party platform issues, failures, or integration problems
- Features that don't meet your expectations or needs
- Service modifications, feature removals, or changes
- Force majeure events, outages, or service interruptions
- AI-generated content errors or issues
- Failed calls, messages, or notifications
- Changes in pricing, Terms, or policies
- Platform blocking or restrictions
- Data loss or corruption
- Any other reason not explicitly stated below
POSSIBLE REFUNDS (at our absolute and sole discretion):
- Clear billing errors where you were charged an objectively incorrect amount
- Duplicate charges for the identical transaction
- As specifically required by applicable consumer protection laws in your jurisdiction
Refund Request Process:
- Contact info@leadwinner.ai within 7 calendar days of the charge date
- Provide: transaction ID, amount, date, and detailed explanation
- Include: proof of billing error if claiming error
- We will review in our sole discretion and respond within 10-15 business days
- Our decision is FINAL and not subject to appeal or further review
- Approved refunds (if any) processed within 30 days to original payment method
IMPORTANT DISCLAIMERS:
- Requesting a refund does NOT guarantee approval
- We may deny refund requests for any reason or no reason
- NO PRORATED REFUNDS for cancellations or downgrades
- Account termination by us results in NO REFUND under any circumstances
- Service credits may be offered instead of refunds (at our discretion)
- Refund approval in one instance does NOT set precedent for future requests
---
## 6. SUBSCRIPTIONS
### 6.1 Billing and Renewal
Subscription Terms:
- By purchasing a subscription, you agree to recurring billing
- Your subscription will continue indefinitely until canceled by you or us
- You authorize us to charge your payment method automatically at the beginning of each billing period
- Billing periods may be monthly, quarterly, annually, or as specified at purchase
Auto-Renewal:
- Subscriptions automatically renew unless canceled before renewal date
- You will be charged the then-current subscription price
- Price changes take effect at next renewal (we'll notify you in advance)
- Failed payments may result in service suspension or cancellation
Billing Dates:
- First charge occurs immediately upon subscription
- Renewal charges occur on the same day of the billing period
- If renewal day doesn't exist in a month (e.g., 31st), charge occurs on last day of month
### 6.2 Subscription Tiers and Features
We offer multiple subscription tiers with different features:
- Feature availability depends on your subscription tier
- Higher tiers unlock additional platforms, integrations, or usage limits
- We may change tier features or pricing with advance notice
- Downgrading may result in loss of access to premium features
### 6.3 Cancellation
How to Cancel (By You):
- Log into your account and navigate to billing settings
- Click "Cancel Subscription" and follow prompts
- Contact info@leadwinner.ai with subject "Cancel Subscription" if other methods fail
- Cancellation must be completed at least 24 hours before next billing date
- If you encounter technical issues with cancellation, email us at info@leadwinner.ai
Effect of Your Cancellation:
- Your cancellation will take effect at the end of the current billing period
- You retain access to paid features until the end of the paid period
- No refunds will be provided for the current billing period
- Your data will be retained for 90 days after cancellation (then deleted)
- You can reactivate your subscription at any time
We May Cancel, Suspend, or Terminate Your Subscription or Service Access:
At Our Sole Discretion, Without Prior Notice, For Any Reason or No Reason, Including:
- If payment fails or is declined
- If you violate these Terms (in our judgment)
- If we discontinue or modify the Service
- For fraudulent, abusive, or suspicious activity
- For excessive use or abuse of the Service
- If your account poses security risks
- If we determine your use violates third-party platform policies
- If required by law, regulation, or legal process
- For any business, operational, or strategic reason
- At our discretion without needing to provide explanation
Effect of Our Cancellation/Suspension:
- Immediate termination of access (no waiting until end of billing period)
- No refunds or prorated credits under any circumstances
- Data may be immediately deleted or retained at our discretion
- We have NO OBLIGATION to provide advance notice
- We have NO OBLIGATION to explain our decision
- Decision is FINAL and not subject to appeal or review
Service Suspension:
- We may temporarily suspend your access instead of termination
- Suspension may be for investigation, payment issues, or any other reason
- You remain responsible for all fees during suspension
- We may restore or permanently terminate at our discretion
### 6.4 Free Trials and Promotional Offers
We may, at our sole discretion, offer free trials, promotional pricing, or special offers:
- Terms and duration will be specified at the time of offer
- Credit card or payment method may be required
- Trials or promotions may automatically convert to paid subscriptions unless canceled
- Cancel anytime during the trial/promotional period as specified in the offer
- Limited to one trial or promotion per user/business unless otherwise stated
- We reserve the right to modify, limit, or discontinue trials and promotions at any time without notice
- We may limit eligibility based on various factors at our discretion
- Past promotional pricing does not guarantee future availability or pricing
### 6.5 Subscription Modifications
We reserve the right to, at any time and in our sole discretion:
- Modify subscription pricing (with or without notice, at our discretion)
- Add or remove features from subscription tiers
- Introduce new subscription tiers or eliminate existing ones
- Require existing subscribers to upgrade, downgrade, or switch plans
- Grandfather existing subscribers at old pricing (but NOT REQUIRED to do so)
- Require plan changes for certain features
- Change billing cycles or payment terms
- Introduce usage-based pricing or overage charges
- Bundle or unbundle features
Price Increase Notice:
- For price increases, we may provide advance notice at our discretion
- Notice may be provided via email, in-app notification, or website posting
- We are NOT REQUIRED to provide more than minimal notice
- Continued use after notice period constitutes acceptance of new pricing
---
## 7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
### 7.1 Prohibited Actions
As a user of the Services, you agree NOT to:
Data and System Abuse:
1. Systematically retrieve data or content to create a collection or database without written permission
2. Make unauthorized use of the Services, including collecting usernames, emails, or phone numbers for sending unsolicited communications
3. Circumvent, disable, or interfere with security-related features
4. Use any automated system (bots, scripts, crawlers) to access the Services except through authorized APIs
5. Delete the copyright or other proprietary rights notice from any Content
Service Interference:
6. Attempt to bypass any measures designed to prevent or restrict access to the Services
7. Interfere with, disrupt, or create an undue burden on the Services or networks connected to the Services
8. Harass, annoy, intimidate, or threaten any of our employees or agents
9. Attempt to impersonate another user or person or use the username of another user
10. Use the Services in a manner inconsistent with any applicable laws or regulations
Fraudulent Activity:
11. Engage in unauthorized framing of or linking to the Services
12. Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use of the Services
13. Use the Services to advertise or offer to sell goods and services without our permission
14. Trick, defraud, or mislead us and other users, especially to learn sensitive account information
15. Make improper use of our support services or submit false reports of abuse or misconduct
Content Violations:
16. Upload or transmit material that is offensive, including racist, sexist, hateful, or otherwise objectionable content
17. Upload or transmit sexually explicit material
18. Upload or transmit material that promotes violence or discrimination
19. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services
20. Use the Services in a manner that violates the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person
TCPA and Communications Violations:
21. Use automated calling features to contact numbers on Do-Not-Call lists
22. Use automated calling features without obtaining proper consent from recipients
23. Make calls or send messages during restricted hours (before 8 AM or after 9 PM local time)
24. Continue calling phone numbers that have opted out
25. Use the Services to send spam, unsolicited marketing, or bulk communications
Platform Violations:
26. Violate the terms of service of integrated platforms (Yelp, Thumbtack, Twilio, etc.)
27. Manipulate or abuse integrated platform features
28. Use the Services to circumvent platform restrictions or policies
Phone and Identity Fraud:
29. Attempt to verify phone numbers you don't own or control
30. Create multiple accounts to bypass rate limits or restrictions
31. Share accounts or credentials with unauthorized parties
32. Attempt to bypass or manipulate phone verification systems
### 7.2 Consequences of Prohibited Activities
If you engage in prohibited activities, we may:
- Immediately suspend or terminate your account without notice or refund
- Report illegal activities to law enforcement
- Pursue civil or criminal legal action
- Ban you from creating future accounts
- Seek damages and legal fees
- Disable access to features or the entire Service
---
## 8. USER-GENERATED CONTENT
The Services may allow you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services (collectively, "Contributions").
### 8.1 Types of Contributions
Contributions may include:
- Custom business prompts and AI instructions
- Business information and descriptions
- Responses to customer inquiries (if not using auto-reply)
- Comments, feedback, or reviews
- Support requests and communications
- Profile information and settings
### 8.2 Your Representations
By submitting Contributions, you represent and warrant that:
1. Ownership: You own or have necessary rights to use and authorize us to use your Contributions
2. Accuracy: Your Contributions are not false, inaccurate, or misleading
3. Legal Compliance: Your Contributions do not violate any third-party rights (copyright, trademark, privacy, publicity, etc.)
4. No Illegal Content: Your Contributions do not violate any applicable law, regulation, or rule
5. No Offensive Content: Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable
6. No Unsolicited Promotion: Your Contributions are not unsolicited promotions, political campaigning, advertising, or solicitations
7. No Harmful Code: Your Contributions do not include viruses, malware, or harmful code
8. No Harassment: Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone
9. Child Safety: Your Contributions do not include images or content involving minors
10. No Impersonation: Your Contributions do not impersonate any person or entity
### 8.3 Content Restrictions
Explicitly Prohibited Content:
- Hate speech or content promoting violence
- Sexually explicit or pornographic material
- Content exploiting or harming children
- Content violating intellectual property rights
- False or misleading information (including in AI prompts)
- Personal information of others without consent
- Spam or commercial solicitations
- Malicious code or security vulnerabilities
### 8.4 Content Monitoring
We reserve the right to:
- Monitor all Contributions
- Remove or refuse to post any Contributions for any reason
- Edit or modify Contributions for clarity or compliance
- Disclose Contributions to law enforcement if required
- Terminate accounts for violating content policies
We do NOT:
- Pre-screen all Contributions
- Guarantee content monitoring or removal
- Assume liability for user-generated content
- Endorse any Contributions
---
## 9. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to:
### 9.1 License Scope
We may:
- Host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute your Contributions
- Prepare derivative works of, or incorporate into other works, your Contributions
- Grant and authorize sublicenses of the foregoing to third parties
- Use your Contributions for any purpose, commercial, advertising, or otherwise
- Use your name, company name, and franchise name in connection with your Contributions
### 9.2 Moral Rights Waiver
You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
### 9.3 Ownership and Liability
- We do not assert any ownership over your Contributions
- You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions
- We are not liable for any statements or representations in your Contributions provided by you in any area on the Services
- You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions
### 9.4 Use of AI-Generated Content
Special Terms for AI-Generated Content:
- By using AI features, you grant us the right to use prompts and generated content to improve AI models
- AI-generated content may be shared with AI providers (OpenAI, Google) for training purposes
- We may analyze AI-generated content to improve Service quality
- You can opt-out of AI training by contacting us (though this may limit features)
---
## 10. GUIDELINES FOR REVIEWS
We may provide areas for you to leave reviews or ratings. When posting a review, you must comply with the following criteria:
### 10.1 Review Requirements
You must:
1. Have firsthand experience with the person, entity, or service being reviewed
2. Ensure your reviews do not contain offensive profanity or abusive, racist, offensive, or hateful language
3. Not have been affiliated with competitors if posting negative reviews
4. Not make any conclusions as to the legality of conduct
5. Not post any false or misleading statements
6. Not organize a campaign encouraging others to post reviews (positive or negative)
### 10.2 Our Rights
We may:
- Accept, reject, or remove reviews at our sole discretion
- Screen reviews before publication
- Remove reviews that violate these guidelines
- Refuse to post reviews from certain users
- Have absolutely no obligation to screen reviews or to delete reviews
- Edit reviews for clarity, length, or compliance (with notice)
### 10.3 Third-Party Reviews
Reviews may be posted about third parties (other businesses, services). We:
- Are not responsible for third-party reviews
- Do not verify the accuracy of reviews
- Do not endorse or guarantee any reviewed party
- May remove reviews at the request of reviewed parties if they violate our policies
---
## 11. SOCIAL MEDIA
You may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either:
### 11.1 Social Media Integration
Supported Platforms:
- Google (for authentication)
- Facebook (for authentication)
- Other social media platforms we may add
Integration Process:
1. Provide your Third-Party Account login information to the third-party provider
2. Authorize us to access your Third-Party Account information
3. We store an access token to maintain the connection
### 11.2 Permissions Granted
By linking accounts, you grant us permission to:
- Access information from your Third-Party Account (name, email, profile picture)
- Display information from your Third-Party Account within the Services
- Use your Third-Party Account information as permitted by these Terms and Privacy Policy
- Post on your behalf (only if explicitly authorized by you)
### 11.3 Information We May Access
Depending on the Third-Party Account and your privacy settings:
- Profile information (name, profile picture, email)
- Friend/contact lists
- Posts and content you've shared
- Information you've made public
- Other information authorized by you
### 11.4 Revoking Access
You can revoke our access to Third-Party Accounts at any time by:
- Disconnecting in your account settings
- Revoking access through the third-party platform's settings
- Contacting us at info@leadwinner.ai
Effect of Revoking Access:
- We stop accessing new data from that Third-Party Account
- Previously collected data may be retained per our Privacy Policy
- Some Service features may become unavailable
- You may need alternative login method
### 11.5 Third-Party Policies
Your use of Third-Party Accounts is governed by:
- The third-party platform's terms of service
- The third-party platform's privacy policy
- Your privacy settings on those platforms
We are not responsible for:
- Third-party platform policies or changes
- Data accessed by third parties
- Security of third-party platforms
- Loss of access to Third-Party Accounts
---
## 12. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Services) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
### 12.1 No Endorsement
Such Third-Party Websites and Third-Party Content are not:
- Investigated, monitored, or checked for accuracy or completeness by us
- Endorsed by us
- Under our control or responsibility
- Guaranteed to be safe, accurate, or appropriate
### 12.2 Your Responsibility
If you access Third-Party Websites or use Third-Party Content:
- You do so at your own risk
- You should review their terms and privacy policies
- You are solely responsible for any consequences
- We are not liable for any harm or damages
### 12.3 Platform Integrations
Integrated Platforms (Yelp, Thumbtack, Twilio, OpenAI, Google, Stripe):
- Are third-party services with their own terms and policies
- May collect and use your data per their policies
- Are not under our control
- May change policies or features without notice to us
You acknowledge that:
- We are not responsible for these platforms
- Service functionality depends on these platforms
- We may discontinue integrations if required by platform
- Platform changes may affect Service features
### 12.4 Third-Party Links
Inclusion of any link does not imply:
- Endorsement by us
- Approval of the linked site's content
- Association with the linked site's operators
- Responsibility for linked site's practices
---
## 13. ADVERTISERS
We may allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements.
### 13.1 No Endorsement
We do not:
- Endorse or guarantee advertised products or services
- Verify claims made by advertisers
- Take responsibility for advertiser actions
- Guarantee quality, safety, or legality of advertised offerings
### 13.2 Your Responsibility
If you purchase from or interact with advertisers:
- You do so at your own risk
- You should perform your own due diligence
- We are not a party to transactions
- We are not responsible for losses or damages
- Disputes should be resolved directly with advertisers
### 13.3 Advertiser Information
Advertisers may:
- Collect information about you (per their privacy policies)
- Use cookies and tracking technologies
- Target ads based on your behavior
- Link to external websites
Review advertiser privacy policies to understand their data practices.
---
## 14. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
### 14.1 Monitoring and Enforcement
- Monitor the Services for violations of these Terms
- Take appropriate legal action against anyone who violates the law or these Terms
- Refuse, restrict access to, limit availability of, or disable any Contribution or any portion thereof
- Remove from the Services or otherwise disable all files and content that are excessive in size or burdensome to our systems
- Otherwise manage the Services in a manner designed to protect our rights and property
### 14.2 Investigation and Cooperation
- Investigate suspicious activity or Terms violations
- Cooperate with law enforcement agencies
- Disclose user information as required by law
- Preserve evidence for legal proceedings
- Take appropriate action based on investigations
### 14.3 No Obligation
We have no obligation to:
- Monitor the Services
- Remove or disable Contributions
- Pre-screen content
- Enforce these Terms in every instance
- Provide advance notice of enforcement actions (except where required by law)
However, this does not limit our right to do so at any time.
---
## 15. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy at https://leadwinner.ai/privacy.
By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service.
### 15.1 Key Privacy Points
Data We Collect:
- Account information (name, email, phone)
- Business and lead data from integrated platforms
- Call logs and recordings
- IP addresses and device information
- Consent and opt-out records
How We Use Data:
- Provide and improve the Services
- Send notifications about leads
- Process payments
- Comply with legal obligations
- Prevent fraud and abuse
Your Rights:
- Access your data
- Request deletion (subject to legal retention requirements)
- Opt-out of marketing
- Control privacy settings
Important:
- Some data (consent logs, verification logs) retained indefinitely for legal compliance
- Data may be shared with service providers (Twilio, OpenAI, Google, Stripe)
- International data transfers may occur
For complete details, see our full Privacy Policy.
---
## 16. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below ("Notification").
### 16.1 DMCA Compliance
We comply with the Digital Millennium Copyright Act (DMCA). If you believe your copyright has been infringed, provide us with:
1. Physical or electronic signature of the copyright owner or authorized representative
2. Description of the copyrighted work claimed to have been infringed
3. Description of where the infringing material is located on the Services (URL or specific location)
4. Your contact information (name, address, telephone number, email address)
5. Statement of good faith belief that the use is not authorized by the copyright owner
6. Statement of accuracy made under penalty of perjury that you are authorized to act on behalf of the copyright owner
Send DMCA notices to: info@leadwinner.ai (Subject: "DMCA Takedown")
### 16.2 Counter-Notification
If you believe your content was wrongly removed due to a DMCA notice, you may file a counter-notification containing:
1. Your physical or electronic signature
2. Identification of the removed material and its former location
3. Statement under penalty of perjury that the material was removed by mistake or misidentification
4. Your contact information and consent to jurisdiction
We may restore the material after 10-14 business days unless the copyright owner files a court action.
### 16.3 Repeat Infringer Policy
We will terminate accounts of users who are repeat copyright infringers at our discretion.
---
## 17. TERM AND TERMINATION
### 17.1 Term
These Terms shall remain in full force and effect while you use the Services.
### 17.2 Termination by Us
We reserve the right to, in our sole discretion:
- Terminate or suspend your account immediately without prior notice
- Delete your account and all associated data
- Refuse any and all current or future use of the Services
Reasons for Termination:
- Violation of these Terms or any applicable laws
- Fraudulent, abusive, or illegal activity
- TCPA violations or telemarketing law violations
- Non-payment of fees or chargebacks
- Repeated customer complaints about your use of the Service
- Attempts to circumvent security or rate limits
- At our discretion for any reason or no reason
Effect of Termination by Us:
- Immediate loss of access to the Services
- No refunds for any prepaid subscription fees
- Data may be deleted (though some data retained for legal compliance)
- Outstanding balances become immediately due
- We may pursue legal action for damages
### 17.3 Termination by You
You may terminate your account at any time by:
- Navigating to account settings and selecting "Delete Account"
- Contacting us at info@leadwinner.ai with subject "Delete Account"
Effect of Termination by You:
- Account access ends at end of current billing period (if subscription is canceled)
- Immediate access loss if you delete account mid-billing period
- No refunds for unused portion of subscription
- Data retained for 90 days, then deleted (except data required for legal compliance)
- Some data (consent logs, verification logs) retained indefinitely
### 17.4 Survival
The following provisions survive termination or expiration of these Terms indefinitely:
Indefinite Survival:
- Section 2 (Intellectual Property Rights) - including license grants and restrictions
- Section 9 (Contribution License) - our perpetual license to your content
- Section 20 (Dispute Resolution) - arbitration, class action waiver, and limitation period
- Section 22 (Disclaimer) - all warranty disclaimers
- Section 23 (Limitations of Liability) - all liability limitations and caps
- Section 24 (Indemnification) - your indemnification obligations
- Section 32 (TCPA) - your TCPA compliance obligations and indemnification
Financial Survival:
- Any payment obligations incurred before termination (plus interest and collection costs)
- Subscription fees for current period (non-refundable)
- Any disputed charges or chargebacks
- Attorneys' fees and costs related to enforcement
Data and Content:
- Our rights to data collected during your use
- Retention of data for legal compliance and business purposes
- Analytics and aggregated data usage rights
Legal and Enforcement:
- Governing law and jurisdiction provisions
- Any causes of action that accrued before termination
- Any ongoing litigation or arbitration
- Confidentiality obligations (if any)
General Survival:
- Any other provision that by its nature should survive termination
- All representations and warranties you made
- All accrued rights and obligations
Effect on Claims:
- Termination does NOT affect:
- Claims that arose before termination
- Our right to enforce Terms violations
- Your liability for breaches committed during term
- Our ability to collect amounts owed
---
## 18. MODIFICATIONS AND INTERRUPTIONS
### 18.1 Service Modifications
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice.
We may:
- Add, modify, or remove features or functionality
- Change user interface or design
- Modify API endpoints or integrations
- Update AI models or providers
- Change rate limits or usage restrictions
- Discontinue support for platforms or integrations
- Modify pricing or subscription tiers
We have no obligation to:
- Provide advance notice of changes
- Maintain backward compatibility
- Update documentation immediately
- Compensate for lost functionality
- Restore removed features or functionality
- Provide migration tools or assistance
- Ensure your workflows continue to function
- Notify you of changes that may affect your use
No Refunds and No Liability:
- We will NOT be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services
- NO REFUNDS will be provided for service changes or removed features
- NO COMPENSATION for time, effort, or business impact from changes
- You assume all risk of relying on any specific feature or functionality
### 18.2 Service Interruptions
We cannot guarantee the Services will be available at all times. We may experience:
- Hardware, software, or network problems
- Scheduled or emergency maintenance
- Security incidents requiring immediate action
- Third-party platform outages or API changes
- Force majeure events
Service Availability:
- We make no warranties regarding uptime or availability
- We are not liable for any service interruptions
- No refunds or credits for downtime (unless required by law)
- Best efforts to minimize disruptions, but no guarantees
### 18.3 Maintenance Windows
Scheduled Maintenance:
- We may perform scheduled maintenance with or without notice
- Maintenance windows may result in service unavailability
- We will attempt to schedule maintenance during low-usage periods
- No service level agreements or uptime guarantees
Emergency Maintenance:
- May occur without advance notice
- Necessary to address security vulnerabilities or critical issues
- May result in immediate service suspension
- Duration depends on severity of issue
---
## 19. GOVERNING LAW
These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.
Choice of Law Rationale: California law provides a well-developed body of commercial law favorable to technology businesses and includes protections that facilitate the efficient operation of our Services.
### 19.1 Jurisdiction
For any disputes not subject to arbitration (see Section 20), you agree that:
- Exclusive jurisdiction is in state or federal courts located in San Francisco County, California or Delaware
- You waive any objection to venue or jurisdiction in either location
- You consent to personal jurisdiction in these courts
- We may choose the venue at our sole discretion
### 19.2 International Users
If you access the Services from outside the United States:
- You do so at your own risk
- You are responsible for compliance with local laws
- US laws govern these Terms regardless of your location
- Data may be transferred to and processed in the United States
---
## 20. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
### 20.1 Mandatory Informal Negotiations
Before filing any claim, you MUST FIRST contact us and attempt to resolve the dispute informally:
Requirements:
- Send written notice to info@leadwinner.ai describing the dispute
- Include your account information and detailed description of issue
- Include your contact information and desired resolution
- Allow 60 days for us to attempt to resolve the dispute
- Participate in good faith negotiations
Failure to complete informal negotiations:
- Your claim may be dismissed for failure to exhaust pre-arbitration procedures
- You may be liable for our attorneys' fees and costs
- You may waive your right to arbitration
### 20.2 Binding Arbitration
MANDATORY ARBITRATION AGREEMENT:
By agreeing to these Terms, you agree that:
- All disputes MUST be resolved through binding arbitration (not court litigation)
- You WAIVE your right to sue in court
- You WAIVE your right to a jury trial
- Arbitration decisions are FINAL and binding with very limited appeal rights
What is Covered:
Arbitration applies to all disputes arising from or relating to:
- These Terms or breach thereof
- Your use of the Services
- Any aspect of our relationship
- Privacy, data protection, or consent issues
- Billing, payments, or refunds
- TCPA compliance or automated calling
- AI-generated content or Service functionality
Arbitration Rules:
- Governed by Federal Arbitration Act (FAA) which preempts state arbitration laws
- Conducted under Commercial Arbitration Rules of American Arbitration Association (AAA) as modified by these Terms
- Single arbitrator selected per AAA rules (we may challenge proposed arbitrators)
- Location: At our election: (1) WILMINGTON, DELAWARE, (2) SAN FRANCISCO, CALIFORNIA, or (3) telephonically/via video conference
- Discovery is strictly limited to preserve efficiency and reduce costs
- No depositions without arbitrator approval
- Document requests limited to directly relevant materials
Costs and Fees:
- Each party bears their own attorneys' fees and costs unless arbitrator awards them to prevailing party
- AAA filing fees and arbitrator fees split 50/50 between parties
- For claims under $5,000: We will reimburse your share of AAA filing fees (but NOT arbitrator fees) if you obtain an arbitration award more favorable than any settlement offer we made
Arbitration Process:
1. File demand for arbitration with AAA (www.adr.org)
2. Provide copy of demand to us at info@leadwinner.ai
3. Select arbitrator per AAA rules
4. Present evidence and arguments
5. Arbitrator issues binding decision
Enforcement:
- Arbitration award may be entered as judgment in any court with jurisdiction
- Either party may seek to enforce arbitration award in court
### 20.3 CLASS ACTION WAIVER
YOU WAIVE ALL CLASS ACTION RIGHTS:
By agreeing to these Terms, you agree:
- To bring claims ONLY in your individual capacity
- You CANNOT participate in class actions, class arbitrations, consolidated actions, or representative actions
- You CANNOT seek relief on behalf of other users or act as a private attorney general
- Arbitrator cannot consolidate multiple users' claims without consent of all parties
- Arbitrator cannot preside over any class, consolidated, or representative proceeding
Why This Matters:
- You can only recover damages for your own individual claims
- You cannot join with other users in a single arbitration or lawsuit
- Claims by multiple users cannot be combined
If Class Action Waiver is Found Invalid:
- If a court finds this class action waiver unenforceable, the entire arbitration agreement (Section 20.2) is void
- Any class action must be filed in Delaware state or federal court
- All other provisions of these Terms remain in full effect
### 20.4 Small Claims Court Exception
You may bring claims in small claims court instead of arbitration if:
- Claim is within small claims court monetary jurisdiction ($5,000-$10,000 depending on state)
- Case is filed in your county of residence or Delaware
- You proceed on an individual basis (not as a class)
- Matter remains in small claims court (not removed or appealed to higher court)
### 20.5 Injunctive Relief Exception
Either party may seek injunctive or equitable relief in court for:
- Intellectual property violations (copyright, trademark infringement)
- Confidentiality or trade secret breaches
- Unauthorized access to Services or systems
- Security vulnerabilities requiring immediate action
- Violations requiring immediate court intervention
This exception does not waive arbitration for damages arising from these issues.
### 20.6 Opt-Out Right (30-Day Window)
YOU HAVE 30 DAYS TO OPT OUT OF ARBITRATION:
If you do not want to be bound by arbitration, you must:
- Send written notice within 30 days of first agreeing to these Terms or account creation, whichever is earlier
- Mail via certified mail to: SYNERGY FACTOR INC, 407 E AYRE ST, UNIT 1399, WILMINGTON, DE 19804
- Subject line: "ARBITRATION OPT-OUT"
- Include your name, email, account information, date of account creation, and clear statement that you opt out of arbitration
- Opt-out notice must be personally signed (electronic signatures not accepted for opt-out)
Effect of Opt-Out:
- You retain your right to sue in court
- You retain your right to jury trial (if applicable)
- All other Terms provisions remain in full effect
- Opt-out is permanent and cannot be reversed
- Opt-out applies only to arbitration; class action waiver may still apply (depending on court ruling)
If You Don't Opt Out:
- You are bound by arbitration agreement after 30 days
- You cannot later refuse to arbitrate
### 20.7 Shortened Limitation Period
YOU MUST BRING CLAIMS WITHIN ONE (1) YEAR - THIS IS SHORTER THAN STATUTORY LIMITS:
- All claims must be filed within one (1) year of when the claim first arose
- Claims filed after one year are permanently barred regardless of statutory limitations
- This shortened period applies to ALL claims, including:
- Arbitration claims, small claims court, and court claims
- Contract, tort, statutory, or any other legal theory
- Claims under federal or state law
- Class actions (if class action waiver is found invalid)
- Time limit cannot be extended, waived, or tolled except by our express written agreement
When Does a Claim Arise:
- When you knew or should have known about the facts giving rise to the claim
- NOT when you discovered legal consequences or damages
- NOT when damages manifested
- For continuing violations, time runs from the first violation, not the last
This Provision Overrides:
- Longer statutory limitations periods
- State or federal statutes of limitations
- Doctrines of equitable tolling (unless required by law)
- Discovery rules that would extend the period
If You Fail to File Within One Year:
- Your claim is permanently time-barred
- No court or arbitrator has jurisdiction
- This is an absolute defense to any claim
### 20.8 No Jury Trial Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO A JURY TRIAL for any disputes that are not subject to arbitration.
This means:
- Any court litigation will be decided by a judge, not a jury
- You give up your constitutional right to a jury of your peers
- This applies even if arbitration agreement is found unenforceable
---
## 21. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information.
### 21.1 Right to Correct
We reserve the right to:
- Correct any errors, inaccuracies, or omissions at any time without prior notice
- Change or update the information on the Services
- Modify or cancel orders or services based on corrected information
- Update pricing, even after orders are placed (with notice)
### 21.2 No Obligation
We have no obligation to:
- Update, amend, or clarify information on the Services
- Notify you of corrections
- Honor incorrect information or pricing
### 21.3 Pricing Errors
If a pricing error occurs:
- We may cancel affected orders
- We may offer to honor the error or cancel the order
- We will notify you of the error and options
- You may accept corrected pricing or cancel
---
## 22. DISCLAIMER
PLEASE READ THIS SECTION CAREFULLY.
### 22.1 "AS-IS" and "AS-AVAILABLE" Basis
THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION:
- Implied warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy, reliability, or availability
- Uninterrupted, timely, secure, or error-free operation
- Freedom from viruses or harmful components
### 22.2 No Warranties or Guarantees
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT:
1. Service Reliability:
- Uptime or availability
- Timely delivery of notifications
- Success of automated calls or messages
- Lead quality or conversion rates
2. AI-Generated Content:
- Accuracy of AI responses
- Appropriateness of AI communications
- Compliance with laws or regulations
- Customer satisfaction with AI interactions
3. Third-Party Platforms:
- Continued availability of integrations
- Data accuracy from platforms
- Platform compliance with their terms
4. Business Results:
- Lead generation or conversion
- Revenue or business growth
- Customer satisfaction
- Return on investment
5. Content Accuracy:
- Accuracy or completeness of any content on the Services
- Content of websites linked to the Services
- Information provided by users or third parties
### 22.3 Third-Party Actions
WE ARE NOT RESPONSIBLE FOR:
- Actions or omissions of third-party platforms (Yelp, Thumbtack, Twilio, OpenAI, Google, Stripe)
- Changes to third-party terms, policies, or pricing
- Third-party service interruptions or failures
- Data breaches or security incidents at third parties
- Third-party processing of your data
### 22.4 User Responsibility
YOU ARE SOLELY RESPONSIBLE FOR:
- All use of the Services under your account
- Compliance with TCPA and telemarketing laws
- Obtaining consent before calling customers
- Reviewing and approving AI-generated content
- Backing up your data independently (we are not a backup service)
- Security of your account credentials
- All communications sent from your account
- All business decisions made based on Service data or features
- Verifying accuracy of any information before relying on it
### 22.5 No Liability for Physical Harm
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- We are NOT LIABLE for any physical injury, death, or property damage arising from your use of the Services
- This includes injuries to you, your employees, customers, or any third parties
- Use of equipment, phones, or devices in connection with the Service is at your own risk
- We are not responsible for accidents, injuries, or damages occurring while using the Service
### 22.6 Specific User Acknowledgments
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT:
- The Company Parties shall NOT be liable for:
- Defamatory, offensive, or illegal conduct of any user or third party
- Actions or omissions of other users
- Your reliance on any data, content, or features of the Service
- Any decisions you make based on the Service
- Loss of business relationships or opportunities
- Damage to your professional or business reputation
- Any failure to respond to communications, emails, or support requests
- Any delay in processing or responding to inquiries
- Any missed emails, notifications, or technical issues preventing communication
- Service quality, response times, or customer support
- Technical errors, bugs, glitches, or system failures
- Changes to features, functionality, or service availability
- Results or outcomes from using the Service
- Actions or inactions by our staff, contractors, or agents
### 22.7 Additional Disclaimers and Protections
NO GUARANTEE OF RESULTS:
- We make NO GUARANTEE that the Service will:
- Improve your business performance
- Generate leads or sales
- Save you time or money
- Meet your expectations or requirements
- Function without interruption or error
- Any results are your sole responsibility
NO OBLIGATION TO PROVIDE SUPPORT:
- We have NO OBLIGATION to provide:
- Customer support or technical assistance
- Training or onboarding
- Bug fixes or updates
- Feature requests or enhancements
- Responses to inquiries within any timeframe
- Support is provided at our discretion and may be modified or discontinued at any time
NO LIABILITY FOR CONTENT MODERATION:
- We have NO OBLIGATION to:
- Monitor user content or activity
- Remove or modify content
- Enforce our Terms against other users
- Investigate complaints or disputes
- Any content moderation is at our sole discretion
RIGHT TO MODIFY OR DISCONTINUE:
- We may at any time and without notice:
- Modify, suspend, or discontinue any feature
- Change pricing, plans, or billing terms
- Remove or restrict access to the Service
- Delete user content or data
- Change integrations with third-party platforms
- Update or modify these Terms
- You assume all risk of relying on continued availability
NO LIABILITY FOR THIRD-PARTY ACTIONS:
- We are NOT LIABLE for:
- Platform suspensions, bans, or restrictions (Yelp, Thumbtack, etc.)
- Third-party service outages or failures
- Changes to third-party APIs, policies, or pricing
- Third-party data breaches or security incidents
- Actions by regulatory agencies or government entities
CONTACT US REQUIREMENT:
- If you experience any issues with the Service, you MUST contact us at info@leadwinner.ai
- Failure to contact us may result in waiver of claims
- We are NOT LIABLE for issues you don't report to us
- Response times are NOT GUARANTEED
---
## 23. LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY.
### 23.1 Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
IN NO EVENT SHALL SYNERGY FACTOR INC, OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, ASSIGNS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, OR ANY OTHER REPRESENTATIVES (COLLECTIVELY, "COMPANY PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR:
- Any indirect, consequential, exemplary, incidental, special, or punitive damages
- Lost profits, lost revenue, loss of data, or other damages
- Loss of business opportunities or goodwill
- Costs of replacement goods or services
ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
### 23.2 Maximum Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY:
Our total aggregate liability to you for any and all claims arising from or related to the Services or these Terms will AT ALL TIMES be limited to the lesser of:
1. Amount paid by you to us during the twelve (12) month period prior to the claim arising; or
2. Five hundred dollars ($500.00)
This cap applies regardless of:
- The number of claims or causes of action
- Whether claims are brought individually or collectively
- The legal theory asserted (contract, tort, statute, etc.)
- The severity of alleged damages
This limitation applies to all theories of liability, including:
- Breach of contract
- Breach of warranty
- Negligence
- Strict liability
- Misrepresentation
- Any other legal or equitable theory
### 23.3 Specific Limitations
NO LIABILITY FOR:
1. TCPA Violations:
- Fines, penalties, or judgments for TCPA violations you commit
- Lawsuits brought by recipients of your calls
- Regulatory enforcement actions against you
- Claims arising from your failure to obtain proper consent
2. AI-Generated Content:
- Damages from inaccurate or inappropriate AI content
- Customer complaints about AI interactions
- Legal violations caused by AI content
- Business harm from AI miscommunications
3. Service Interruptions:
- Downtime or unavailability
- Failed calls, messages, or notifications
- Missed leads or business opportunities
- Data loss or corruption
4. Third-Party Issues:
- Platform integration failures
- Third-party service outages
- Changes to third-party APIs or policies
- Third-party data breaches
5. User Actions:
- Your violations of these Terms
- Your illegal or unauthorized use
- Your failure to backup data
- Your disclosure of account credentials
### 23.4 Essential Purpose
YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE:
- Essential elements of the agreement between you and us
- Reflected in the pricing of the Services
- Necessary to make the Services economically feasible
- Fundamental to our agreement
WITHOUT THESE LIMITATIONS, WE WOULD NOT PROVIDE THE SERVICES ON THESE TERMS.
### 23.5 State-Specific Rights
Some jurisdictions do not allow exclusion or limitation of incidental or consequential damages. In such jurisdictions, our liability is limited to the maximum extent permitted by applicable law.
### 23.6 No Individual Liability
DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS PROTECTED:
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- No individual director, officer, employee, agent, contractor, or representative of SYNERGY FACTOR INC shall have any personal liability to you
- You agree NOT to sue or bring claims against any individual associated with the Company
- Any claims must be brought solely against SYNERGY FACTOR INC as an entity
- Individuals are third-party beneficiaries of these Terms for liability protection purposes
This protection applies to:
- Current and former directors, officers, employees, and agents
- Contractors, consultants, and service providers
- Shareholders and investors
- Advisors and representatives
- Any person acting on behalf of or associated with the Company
Covered Actions:
Protection applies to actions taken:
- In their capacity as Company representatives
- In the course of Company business
- On behalf of or relating to the Company
- Even if such actions are negligent or constitute breach of duty (to extent permitted by law)
Exception:
Individual liability protection does NOT apply to:
- Intentional fraud or criminal conduct proven in court
- Gross negligence or willful misconduct proven in court
- Actions beyond scope of their authority (ultra vires acts)
This protection is a material term of these Terms. Without this protection, the Company would not offer the Services on these terms.
---
## 24. INDEMNIFICATION
### 24.1 Your Indemnification Obligations
You agree to defend, indemnify, and hold harmless SYNERGY FACTOR INC and all Company Parties (as defined in Section 23.1), including but not limited to our parent companies, subsidiaries, affiliates, directors, officers, employees, agents, contractors, service providers, suppliers, licensors, successors, assigns, and any other representatives, from and against any and all losses, damages, liabilities, claims, demands, judgments, settlements, costs, and expenses (including reasonable attorneys' fees, expert fees, and litigation costs) made by any third party or arising out of:
### 24.2 Covered Claims
YOU MUST INDEMNIFY US FOR ALL CLAIMS, INCLUDING:
1. Your Use of the Services:
- Any use or misuse of the Services
- Any failure to follow our instructions or Terms
- Your violation of these Terms
- Breach of representations or warranties
2. Your Content and Communications:
- Any Contributions you provide
- AI-generated content sent from your account
- Communications with customers
- Business prompts or instructions you provide
3. TCPA and Telemarketing Violations:
- Violations of the Telephone Consumer Protection Act (TCPA)
- Violations of the Telemarketing Sales Rule (TSR)
- State telemarketing laws violations
- Calling numbers without proper consent
- Calling numbers on Do-Not-Call lists
- Violations of opt-out requests
- Claims brought by recipients of calls initiated by you
- Regulatory enforcement actions related to your calling practices
4. Legal and Regulatory Violations:
- Violation of any applicable law or regulation
- Infringement of third-party rights (copyright, trademark, privacy, publicity)
- Defamation, libel, or slander
- Data protection violations
5. AI-Generated Content:
- Any harm or damages resulting from your use of AI-generated content
- Claims arising from AI content sent to your customers
- Misrepresentations or false statements in AI content
- Compliance violations due to AI content
6. Third-Party Claims:
- Violation of the rights of third parties
- Customer complaints or lawsuits
- Platform policy violations
- Harm to third parties from your use of the Services
### 24.3 Indemnification Process
If a claim subject to indemnification arises:
1. We will notify you of the claim (though failure to notify doesn't relieve your obligations)
2. You must immediately take control of defense and settlement
3. You must not settle any claim without our prior written consent
4. We may participate in defense at our own expense
5. You must reimburse us for all costs, including attorneys' fees
### 24.4 Scope of Indemnification
This indemnification:
- Is in addition to (not in place of) the general indemnification in Section 24.1
- Applies regardless of the form of action (contract, tort, strict liability, etc.)
- Includes attorneys' fees and costs incurred in defense or enforcement
- Covers settlement amounts agreed to with our consent
- Applies to claims by any party, including customers, regulators, or third parties
### 24.5 Survival
Your indemnification obligations survive:
- Termination or expiration of these Terms
- Closure of your account
- Discontinuation of the Services
- For as long as claims can be brought under applicable statutes of limitations
---
## 25. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services.
### 25.1 Your Responsibility
You are solely responsible for:
- All data that you transmit to the Services
- Any data that relates to any activity you have undertaken using the Services
- Accuracy and legality of data you provide
- Obtaining necessary rights to transmit data
- Backing up your data
### 25.2 No Liability for Data Loss or Deletion
IMPORTANT: WE HAVE ABSOLUTE DISCRETION OVER DATA STORAGE AND DELETION.
You acknowledge and agree that:
- We may perform backups at our discretion, but are NOT OBLIGATED to do so
- We may delete, modify, or lose data at any time for any reason or no reason
- We have NO LIABILITY for any data loss, corruption, deletion, or unavailability
We are NOT responsible for data issues arising from:
- Service interruptions, outages, or failures
- System failures, crashes, or technical errors
- Account termination (by you or us)
- User error or misuse of the Service
- Data breaches, hacks, or unauthorized access
- Third-party platform failures or data loss
- Force majeure events
- Bugs, glitches, or software errors
- Database corruption or hardware failures
- Intentional or accidental deletion by us or our staff
- Migration errors or data transfer failures
- Policy violations requiring data removal
- Legal or regulatory requirements to delete data
- ANY OTHER CAUSE, WHETHER FORESEEABLE OR UNFORESEEABLE
YOUR RESPONSIBILITIES:
- YOU MUST maintain your own backups of all critical data
- YOU ASSUME ALL RISK of data loss
- WE STRONGLY RECOMMEND exporting and backing up data regularly
- WE ARE NOT a backup or archival service
Complete Waiver:
YOU HEREBY COMPLETELY AND IRREVOCABLY WAIVE ANY AND ALL RIGHTS OF ACTION AGAINST US, THE COMPANY PARTIES, AND ANY THIRD PARTIES ARISING FROM ANY DATA LOSS, CORRUPTION, DELETION, OR UNAVAILABILITY, REGARDLESS OF CAUSE.
No Data Recovery Obligation:
We have NO OBLIGATION to:
- Recover deleted or lost data
- Provide data restoration services
- Maintain data backups for you
- Retain data after account termination (except as required by law)
### 25.3 Data Retention
Data is retained according to our Privacy Policy and business needs:
- Active account data: Retained while account is active
- After account closure: May be retained for up to 90 days or longer as needed for business operations
- Legal compliance data: Retained for as long as necessary to comply with applicable laws, regulations, and legal obligations, or as needed for legitimate business purposes including fraud prevention, dispute resolution, and enforcement of these Terms (consent logs, verification logs, call recordings, security logs, financial records)
- Backups: May contain data for extended periods as part of our backup and disaster recovery procedures
We reserve the right to retain data longer than specified periods when:
- Required or permitted by applicable law
- Necessary for legal proceedings or regulatory investigations
- Needed to enforce these Terms or protect our rights
- Essential for fraud prevention or security purposes
- Required for business continuity or disaster recovery
### 25.4 Data Portability
Upon request (and subject to verification), we will provide:
- Export of your business data
- Lead information and conversation history
- Account settings and configurations
- In commonly used format (CSV, JSON) where feasible
Data export requests:
- Email info@leadwinner.ai with subject "Data Export Request"
- Allow 30 days for processing
- Some data may be excluded for legal or technical reasons
---
## 26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
### 26.1 Electronic Signatures
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
### 26.2 Electronic Delivery
You agree that all communications, including these Terms, Privacy Policy, and other notices may be provided to you electronically:
- Via email to your registered email address
- By posting to your account dashboard
- Through in-app notifications
- On our website
Important: Ensure you keep your email address current and check it regularly.
### 26.3 No Guarantee of Email Delivery
CRITICAL: WE ARE NOT LIABLE FOR EMAIL DELIVERY FAILURES.
You acknowledge and agree that:
- We are NOT RESPONSIBLE for:
- Emails blocked by spam filters or firewalls
- Emails not delivered due to incorrect email addresses
- Emails lost in transmission
- Delays in email delivery
- Technical issues with email providers
- Your failure to check email or account notifications
- Your failure to maintain current contact information
- Sending an email constitutes delivery regardless of whether you receive or read it
- Posting to your account dashboard constitutes notice regardless of whether you log in
- We have NO OBLIGATION to confirm receipt of our communications
- We have NO OBLIGATION to resend communications that fail to deliver
- You assume all risk of not receiving our communications
Your Responsibility:
- YOU MUST keep your email address current
- YOU MUST check your email regularly (including spam/junk folders)
- YOU MUST check your account dashboard for notices
- YOU MUST whitelist our email addresses to ensure delivery
- Failure to receive communications does NOT excuse you from complying with Terms
Contact Us for Issues:
- If you believe you are not receiving communications, contact info@leadwinner.ai immediately
- We are NOT LIABLE for issues you don't report
- Reporting does NOT create an obligation on our part to resolve the issue
---
## 27. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can 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., Suite N 112, Sacramento, California 95834
or by telephone at:
(800) 952-5210 or (916) 445-1254.
---
## 28. MISCELLANEOUS
### 28.1 Entire Agreement
These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us.
### 28.2 No Waiver
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by us must be in writing and signed by an authorized representative.
### 28.3 Severability
If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
### 28.4 Assignment
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
### 28.5 Relationship
Nothing in these Terms creates:
- A partnership, joint venture, or agency relationship between you and us
- An employment relationship
- A franchise relationship
You are an independent user of the Services.
### 28.6 Force Majeure
We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control (see Section 37).
### 28.7 English Language
These Terms are in the English language. If translated into another language and there is a conflict, the English version prevails.
### 28.8 Headings
Headings are for convenience only and do not affect interpretation.
---
## 29. CONTACT US
To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us:
Email: info@leadwinner.ai
Website: https://leadwinner.ai
Application: https://app.leadwinner.ai
Mailing Address (Legal Notices):
SYNERGY FACTOR INC
407 E AYRE ST, UNIT 1399
WILMINGTON, DE 19804
USA
For Specific Requests:
- TCPA Opt-Out: Subject line "TCPA OPT-OUT"
- Arbitration Opt-Out: Mail within 30 days (see Section 20.6)
- Data Requests: Subject line "Data Privacy Request"
- Technical Support: Subject line "Technical Support"
- Billing Issues: Subject line "Billing Inquiry"
---
## 30. AI-GENERATED CONTENT
### 30.1 Acknowledgment of AI Use
Some content available through the Services is generated by artificial intelligence technologies from third-party providers, which may include various AI models and platforms that we may use or change from time to time at our discretion.
Types of AI-Generated Content:
- Automated responses to customer inquiries
- Telephone call scripts
- Follow-up messages
- Email and SMS content
- Suggested responses
### 30.2 No Guarantee of Accuracy
WE STRIVE TO ENSURE THAT AI-GENERATED CONTENT IS ACCURATE AND APPROPRIATE; HOWEVER, WE DO NOT GUARANTEE:
- Accuracy, completeness, or usefulness of AI content
- Appropriateness for your specific business or situation
- Compliance with all applicable laws and regulations
- Customer satisfaction with AI communications
- Absence of errors, bias, or inappropriate content
### 30.3 User Responsibility
YOU ACKNOWLEDGE THAT:
- AI-generated content may not be accurate, complete, or current
- AI may produce biased, inappropriate, or offensive content
- AI may violate laws, regulations, or platform policies
- AI lacks human judgment, empathy, and context understanding
YOU AGREE TO:
- Independently verify any information before relying on it
- Review AI-generated communications regularly
- Configure AI prompts to guide appropriate responses
- Disable AI features if they don't meet your needs
- Assume all risks associated with the use of AI-generated content
### 30.4 Limitation of Liability
WE DISCLAIM ALL LIABILITY ARISING FROM:
- Your use of or reliance on AI-generated content
- Errors or inaccuracies in AI responses
- Customer complaints about AI interactions
- Legal violations caused by AI content
- Business harm from AI miscommunications
- Lost business opportunities due to AI errors
### 30.5 AI Training and Data Use
By using AI features:
- You grant us the right to use your prompts and conversations to improve AI models
- Third-party AI providers may use your data for model training per their respective policies
- You can request opt-out of AI training (contact us), subject to technical feasibility, though this may limit or disable features
- Anonymized or aggregated data may be shared with AI providers and other third parties
---
## 31. NO PROFESSIONAL ADVICE
The information provided through the Services is for general informational purposes only and is not intended to constitute professional advice of any kind.
### 31.1 Types of Advice NOT Provided
The Services do NOT provide, and should NOT be construed as providing:
- Legal advice, legal opinions, or legal representation
- Tax advice, tax planning, or accounting services
- Financial advice, investment advice, or financial planning
- Business consulting, strategy advice, or management consulting
- Regulatory compliance advice or compliance services
- Technical or engineering advice specific to your industry
- Medical, health, or safety advice
- Insurance or risk management advice
- Real estate or property advice
- Employment or HR advice
- Marketing or advertising strategy (beyond tool functionality)
- Telecommunications compliance advice (including TCPA)
- Data privacy or security advice
- Contractual advice or contract review
- Licensing or permit advice
- Industry-specific best practices or standards advice
- ANY professional services requiring specialized training, education, or licensing
Not Professional Services:
- We are a software-as-a-service (SaaS) technology platform
- We provide tools and features, not advice or recommendations
- Any information provided is for general informational purposes only
- AI-generated content is automated and not reviewed by professionals
### 31.2 Your Responsibility
YOU SHOULD:
- Consult with qualified professionals (attorneys, accountants, consultants) before taking any action based on information provided through the Services
- Obtain independent legal advice regarding TCPA compliance
- Seek tax advice regarding business deductions and obligations
- Consult industry experts for business-specific guidance
### 31.3 No Professional Relationship
Using the Services does NOT create:
- An attorney-client relationship
- An accountant-client relationship
- A fiduciary relationship
- Any professional advisory relationship
We are a technology platform, not a professional services firm.
---
## 32. AUTOMATED CALLING SYSTEM AND TELEPHONE CONSUMER PROTECTION ACT (TCPA)
CRITICAL: This section is essential for your legal protection and compliance. Please read carefully.
### 32.1 Automated Calling Feature
The Service includes functionality for automated telephone calls. By using this feature, you acknowledge and agree that:
1. User Responsibility for TCPA Compliance:
YOU ARE SOLELY RESPONSIBLE FOR:
- Obtaining and maintaining all necessary consents from recipients of automated calls to YOUR customers
- Ensuring compliance with the Telephone Consumer Protection Act (TCPA)
- Ensuring compliance with state telemarketing laws and regulations
- Maintaining your own Do-Not-Call list and honoring opt-out requests
- Verifying that phone numbers called have provided prior express written consent
- Ensuring calls are made only during permitted hours (typically 8 AM - 9 PM local time of recipient)
- NOT calling emergency lines, hospital rooms, healthcare facilities, or other restricted numbers
- Obtaining proper business licenses and telemarketing registrations
Why This Matters:
- TCPA violations can result in fines of $500 to $1,500 per call
- Class action lawsuits are common for TCPA violations
- Regulatory enforcement can shut down your business
- You can be personally liable for violations
2. Our Consent Management vs. Your Consent Requirements:
IMPORTANT DISTINCTION:
- OUR consent management handles YOUR consent to receive calls from OUR system about leads
- YOUR consent responsibility is to obtain consent from YOUR CUSTOMERS before YOU call them using our Service
We provide tools for:
- Managing YOUR business phone number opt-in/opt-out for receiving lead notifications
- Logging YOUR consent to receive automated calls from us
- Allowing YOU to opt out of receiving calls from our system (press 9 during call)
We do NOT:
- Obtain consent from YOUR customers for YOU
- Guarantee YOUR TCPA compliance
- Track YOUR customers' Do-Not-Call preferences
- Manage YOUR telemarketing compliance
3. Prohibited Uses of Automated Calling:
You may NOT use our Service to:
- Call numbers on the National Do-Not-Call Registry without proper exemption (established business relationship or express written consent)
- Call numbers that have opted out of receiving YOUR calls
- Make unsolicited marketing or sales calls without proper consent
- Violate TCPA, TSR (Telemarketing Sales Rule), or state telemarketing laws
- Call emergency lines (911, fire, police, hospitals)
- Call numbers assigned to paging services, specialized mobile radio services, or other premium services
- Call numbers during restricted hours
- Use autodialers or prerecorded messages without proper consent
### 32.2 Your TCPA Consent to Receive Calls From Us
By enabling automated calling features and providing your business phone number, you provide your prior express written consent to receive automated calls from SYNERGY FACTOR INC to the phone number you provide, including calls made using:
- Automated telephone dialing systems
- Artificial or prerecorded voice messages
- Text messages (SMS)
You understand and agree that:
- Consent is not required as a condition of purchasing any goods or services
- You may opt-out at any time by pressing 9 during a call or through your account settings
- Standard message and data rates may apply
- Opt-out applies globally to the phone number across our entire system
- Opt-out is immediate and permanent (unless you opt back in)
What You'll Receive Calls About:
- New customer lead notifications
- Customer inquiries from Yelp, Thumbtack, or other integrated platforms
- Urgent service notifications (if applicable)
### 32.3 Indemnification for TCPA Violations
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SYNERGY FACTOR INC from any claims, damages, fines, penalties, or expenses (including attorneys' fees) arising from:
- YOUR violations of TCPA, TSR, or related telemarketing laws
- YOUR failure to obtain proper consent from call recipients (YOUR customers)
- YOUR calling of numbers on Do-Not-Call lists
- YOUR use of our Service in violation of telecommunications regulations
- Claims brought by recipients of calls YOU initiated through our Service to YOUR customers or third parties
- Regulatory enforcement actions against YOU for telemarketing violations
- Class action lawsuits related to YOUR calling practices
This indemnification is in addition to the general indemnification provisions in Section 24.
Example Scenario:
- You use our Service to call a customer
- That customer sues YOU for TCPA violations
- YOU are responsible for all defense costs, settlements, and judgments
- YOU must indemnify US if we are named in the lawsuit
### 32.4 Limitations on Automated Calls
We reserve the right to:
- Limit the number and frequency of automated calls made through your account
- Suspend or terminate automated calling privileges if we suspect TCPA violations
- Report suspected violations to appropriate authorities
- Require additional verification or documentation of consent
- Monitor call patterns for abuse or compliance issues
- Implement rate limits or fair use policies
Fair Use Policy:
- Automated calling is subject to fair use limits
- Excessive call volume may be restricted
- Patterns indicating TCPA violations will result in immediate suspension
### 32.5 No Legal Advice
NOTHING IN THESE TERMS CONSTITUTES LEGAL ADVICE regarding TCPA compliance. You should consult with your own legal counsel to ensure compliance with all applicable telecommunications laws and regulations.
We recommend:
- Consulting a TCPA attorney before using automated calling features
- Implementing robust consent tracking systems
- Maintaining detailed records of customer consent
- Training staff on TCPA compliance
- Regularly auditing your calling practices
### 32.6 Call Volume and Rate Limits
Automated calling is subject to:
- Fair use limits and rate limiting to prevent abuse
- Carrier restrictions and blocking (calls may be labeled as spam)
- Twilio's Acceptable Use Policy and messaging policies
- Our right to modify or suspend service at any time
- Reputation management (spam labeling can affect call deliverability)
Call Success Rates:
- We do NOT guarantee calls will be answered or completed
- Carrier blocking may prevent calls from reaching recipients
- Spam filters may label your calls
- Call success rates vary by carrier and phone number reputation
---
## 33. CONSENT TO COMMUNICATIONS AND NOTIFICATIONS
### 33.1 Communications from Us to You
By creating an account and providing contact information (phone numbers, email addresses), you provide your express written consent to receive communications from SYNERGY FACTOR INC, including but not limited to:
Transactional Communications (Cannot Opt-Out):
- Account notifications and security alerts
- Service status updates and system maintenance notices
- Billing statements and payment confirmations
- Lead notifications and customer inquiry alerts (while Service is active)
- Verification codes and authentication messages
- Terms of Service or Privacy Policy updates
- Legal notices and compliance communications
- Technical support responses
Marketing Communications (Can Opt-Out):
- Promotional offers and new feature announcements
- Product updates and service enhancements
- Newsletters and educational content
- Surveys and feedback requests
- Special offers and discounts
- Webinars and events
### 33.2 Contact Information Sources
You consent to receive communications at:
- Phone numbers and email addresses you directly provide to us during registration or in account settings
- Phone numbers and email addresses associated with your connected third-party accounts (Yelp, Thumbtack, Google)
- Phone numbers and email addresses displayed on your connected business pages and profiles
- Updated contact information obtained from connected platforms when information changes
By connecting third-party platforms, you authorize us to:
- Retrieve contact information from those platforms
- Use that contact information for all communication types described here
- Update our records when contact information changes on those platforms
- Send notifications to platform-provided contact information
### 33.3 Multi-Channel Communications
Communications may be sent via:
- SMS/Text messages (to verified phone numbers)
- Voice calls (automated or live) for urgent lead notifications
- Email (to registered email address)
- In-app notifications (within the Service dashboard)
- Push notifications (browser or mobile, if enabled)
### 33.4 Marketing Opt-Out
You may opt out of marketing communications at any time by:
- Clicking "unsubscribe" at the bottom of marketing emails
- Replying "STOP" to marketing SMS messages
- Adjusting notification preferences in your account settings
- Contacting info@leadwinner.ai with subject "Opt-Out Marketing"
Important:
- Opt-out applies only to marketing communications
- You will STILL receive essential transactional communications
- Lead notifications can only be disabled by disabling auto-calling features or closing your account
### 33.5 Third-Party Contact Information
By providing contact information from connected platforms, you represent and warrant that:
- You have legal authority to provide contact information from those accounts to us
- Contact information from those platforms may be used by us as described in this section
- You are responsible for maintaining accurate contact information on connected platforms
- You understand that platform-provided contact information may be used for all communication types
### 33.6 Communication Frequency
Communication frequency may vary based on:
- Your account activity and settings
- Volume of customer leads received
- Service-related events requiring notification
- Your preferences (where configurable)
- Billing cycle and payment events
Typical Frequency:
- Lead notifications: Real-time (as leads are received)
- Marketing: Weekly or monthly (you can opt out)
- Transactional: As needed for Service operation
- Billing: Monthly or per billing cycle
### 33.7 Standard Rates and Carrier Charges
Standard message, data, and voice rates from your mobile carrier or internet service provider WILL APPLY to communications you receive from us.
You are solely responsible for:
- All charges from your mobile carrier for SMS/text messages
- All charges from your mobile carrier for voice calls
- All data charges from your internet service provider
- All international calling or messaging charges (if applicable)
- Any premium rate charges imposed by carriers
We do NOT:
- Pay or reimburse carrier charges
- Have any control over carrier pricing
- Guarantee message delivery (carriers may block or filter)
- Have liability for carrier failures or charges
By providing your phone number, you acknowledge and agree that standard carrier charges will apply and you accept full responsibility for these costs.
---
## 34. MULTI-PLATFORM SERVICE AND GEOGRAPHIC RESTRICTIONS
### 34.1 Supported Platforms
Our Service is designed to integrate with multiple third-party platforms, currently including:
Lead Source Platforms:
- Yelp: Lead capture, messaging, business data
- Thumbtack: Customer requests, project management, communications
Communication Platforms:
- Twilio: SMS, voice calls, phone verification
AI Platforms:
- OpenAI (GPT): AI message generation
- Google Gemini: Alternative AI generation
Productivity Platforms:
- Google Calendar: Availability checking
- Google Sheets: Dynamic data integration
Payment and Analytics:
- Stripe: Payment processing
- Google Analytics: Usage analytics
Future Platforms:
Additional platforms may be added at our discretion (Angi, HomeAdvisor, other marketplaces).
### 34.2 Platform-Agnostic Features
Unified Experience Across Platforms:
- Single dashboard for all leads regardless of source
- Consistent AI-powered auto-reply across all platforms
- Centralized notification system (email, SMS, in-app)
- Unified analytics and reporting
- Single billing for all integrations
### 34.3 Platform-Specific Limitations
Yelp Leads:
- Typically do NOT include customer phone numbers initially
- Customer phone may be shared later if customer opts in
- Messaging is primary communication method
- AI bot focuses on obtaining phone number for follow-up
Thumbtack Leads:
- Typically INCLUDE customer phone numbers immediately
- Project details are more structured and detailed
- Multiple quote/negotiation interactions possible
- AI bot focuses on providing quotes and scheduling
Feature Availability:
- Some features depend on platform API capabilities
- Response time windows may vary by platform
- Platform policies may restrict certain actions
### 34.4 Geographic Restrictions
Service Availability:
The Service is primarily designed for and available to users in:
- United States
- Canada
Telephone Services Geographic Restrictions:
- Caller ID verification is ONLY available for US/Canada phone numbers (+1 country code)
- Automated calling features are ONLY available for US/Canada numbers
- SMS features are subject to carrier and country restrictions
- International calling is NOT supported
- Phone number verification for non-US/Canada numbers will be REJECTED
If you attempt to use phone numbers outside these regions:
- Verification will fail
- Automated calling will not function
- SMS may not be delivered
- No refunds will be provided for inability to use features with non-supported numbers
US/Canada Only Features:
- Automated calling with verified caller ID
- Phone number verification via Twilio
- SMS notifications and messaging
- TCPA consent management
### 34.5 Compliance with Local Laws
If you access or use the Service from outside the United States:
- You do so at your own risk
- You are solely responsible for compliance with local laws
- Some features may be unavailable or restricted
- Data may be transferred to and processed in the United States
- We make no representation that the Service is appropriate or available for use in your location
- Local telecom regulations may apply
### 34.6 Platform Addition and Removal
We reserve the right to:
- Add support for new platforms at any time without notice
- Remove or discontinue support for existing platforms with 30 days' notice (or immediately if required by platform)
- Modify integration features based on platform API changes
- Charge separately for premium platform integrations
- Prioritize certain platforms over others
If a platform is removed:
- We will attempt to provide notice where feasible
- No refunds for loss of platform integration
- Existing leads from that platform will be preserved but not updated
- You may need to export data before removal
### 34.7 Export Controls
You agree not to use the Service in any manner that would violate:
- U.S. export control laws and regulations
- International trade sanctions
- Embargoed country restrictions
- Denied party list regulations
You represent that you are not:
- Located in a sanctioned country (Cuba, Iran, North Korea, Syria, Crimea, etc.)
- Listed on any U.S. government denied party list
- Subject to export restrictions under U.S. law
Sanctioned Countries:
Service is NOT available in or to residents of countries subject to U.S. sanctions.
---
## 35. FRAUD PREVENTION, RATE LIMITS, AND ABUSE PREVENTION
### 35.1 Rate Limits
To prevent abuse and ensure fair usage, we implement rate limits on:
Phone Verification:
- Maximum 3 verification attempts per minute
- Maximum 5 verification attempts per 5 minutes
- Maximum 15 verification attempts per hour
- Maximum 20 verification attempts per day
Automated Calls:
- Subject to fair use limits based on subscription tier
- May be throttled during high-volume periods
- Limited to prevent spam and abuse patterns
API Requests:
- Rate limits on all API endpoints
- Automatic throttling if limits are exceeded
- Varies by endpoint and subscription tier
Exceeding Rate Limits:
- Requests will be rejected with appropriate error messages
- Repeated violations may result in temporary account suspension
- Intentional abuse may result in permanent account termination
- No refunds for suspensions due to rate limit violations
### 35.2 Fraud Prevention Measures
We implement comprehensive fraud prevention, including:
Phone Number Security:
- Verification of phone number ownership before allowing caller ID use
- Prevention of multiple users verifying the same number
- Logging of all verification attempts with IP addresses
- Detection of suspicious verification patterns
- Prevention of VOIP and disposable phone numbers (where applicable)
Account Security:
- IP address logging for all authentication events
- User agent tracking for security analysis
- Detection of automated account creation
- Monitoring for unusual activity patterns
- Device fingerprinting for fraud detection
Payment Fraud Prevention:
- Integration with Stripe's advanced fraud detection systems
- Monitoring for suspicious payment patterns
- Verification of payment method authenticity
- Chargebacks and disputed payments monitoring
Usage Pattern Monitoring:
- Detection of abnormal call volumes
- Identification of spam or abuse patterns
- Monitoring for TCPA-violating behavior
- Analysis of customer complaint rates
### 35.3 Prohibited Fraud Activities
You agree NOT to:
- Create multiple accounts to circumvent rate limits
- Use automated tools to abuse verification systems
- Attempt to verify phone numbers you do not own
- Share accounts or credentials with unauthorized parties
- Use stolen or fraudulent payment methods
- Manipulate or falsify usage data
- Bypass or attempt to bypass security measures
- Use the Service for illegal activities
- Engage in money laundering or fraud schemes
### 35.4 Consequences of Fraud or Abuse
If we detect fraud, abuse, or violation of rate limits:
- Your account may be immediately suspended without notice
- Access may be permanently terminated
- No refunds will be provided for any prepaid fees
- You may be liable for damages and legal fees
- We may report fraudulent activity to law enforcement
- You may be banned from creating future accounts
- We may pursue civil or criminal legal action
- Payment processors may flag your payment methods
### 35.5 IP Address Logging and Audit Trail
We permanently log the following for security and compliance:
- IP addresses (IPv4, IPv6, Cloudflare IPs) for all sensitive actions
- User agent strings for browser-based activities
- Timestamps for all verification and consent events
- Geographic location data (based on IP)
- Device fingerprints where applicable
- Authentication events and login history
- Failed login attempts and security alerts
This data is:
- Retained indefinitely for legal compliance and fraud prevention
- Used in legal proceedings and investigations
- Shared with law enforcement when legally required
- Used for security analysis and threat detection
Why We Log This Data:
- Prevent phone number fraud and ownership disputes
- Comply with TCPA and telecommunications regulations
- Detect and prevent account takeover attempts
- Provide evidence in legal proceedings
- Investigate security incidents
- Support law enforcement investigations
### 35.6 Monitoring and Investigation
We reserve the right to:
- Monitor all account activity for suspicious behavior
- Investigate potential fraud or abuse
- Request additional verification or documentation
- Temporarily restrict access during investigations
- Review call logs and usage patterns
- Analyze AI-generated content for compliance issues
- Share information with law enforcement when legally required
- Cooperate with regulatory investigations
You consent to such monitoring by using the Service.
---
## 36. ENHANCED LIABILITY LIMITATIONS AND DISCLAIMERS
### 36.1 Service Reliability Disclaimer
NO GUARANTEE OF UPTIME OR AVAILABILITY:
We do not guarantee:
- Uninterrupted, timely, secure, or error-free Service
- Calls will connect or complete successfully
- Messages will be delivered
- Lead notifications will be received
- AI will generate appropriate content
- Integrations will remain functional
You may experience:
- Service interruptions and downtime
- Automated call failures or connection issues
- Message delivery failures or delays
- Missed lead notifications
- Data loss or corruption
- Integration failures with third-party platforms
NO LIABILITY FOR SERVICE INTERRUPTIONS:
We are NOT LIABLE for any losses arising from:
- Service downtime or unavailability
- Failed automated calls or messages
- Missed leads or customer inquiries
- Data loss, corruption, or deletion
- Integration failures with third-party platforms (Yelp, Thumbtack, Twilio, OpenAI, Google)
- Telecommunications carrier failures
- Internet or network connectivity issues
- Force majeure events
### 36.2 Third-Party Platform Risks
PLATFORM DEPENDENCIES:
Our Service depends on third-party platforms which may:
- Change or revoke API access without notice
- Modify data access policies
- Experience downtime or performance issues
- Terminate their services
- Change their terms, pricing, or policies
- Block or restrict your account
- Remove or limit features we depend on
NO LIABILITY FOR THIRD-PARTY ACTIONS:
We are NOT LIABLE for:
- Actions or omissions of third-party platforms
- Changes to third-party terms or policies
- Loss of functionality due to third-party changes
- Data access restrictions by third parties
- Third-party service interruptions or terminations
- Third-party data breaches or security incidents
- Costs incurred due to third-party changes
Examples:
- Yelp changes their API and we lose access to lead data
- Thumbtack increases pricing and we pass costs to you
- Twilio blocks your calls due to spam reports
- OpenAI limits API access or increases pricing
### 36.3 AI-Generated Content Risks
HIGH RISK OF AI ERRORS:
AI-generated content may:
- Contain factual inaccuracies or false information
- Be inappropriate, offensive, or unprofessional
- Violate laws or regulations (including TCPA)
- Misrepresent your business or services
- Damage customer relationships
- Contain biased or discriminatory language
- Hallucinate or fabricate information
- Ignore context or misunderstand inquiries
YOU ASSUME ALL RISK:
- You are solely responsible for all AI-generated content sent from your account
- We have NO LIABILITY for damages caused by AI-generated content
- You MUST review critical communications before sending
- You MUST ensure AI content complies with all applicable laws
- You CANNOT hold us liable for customer complaints about AI interactions
Examples of AI Failures:
- AI quotes incorrect pricing
- AI makes promises you can't keep
- AI provides inaccurate service information
- AI sends offensive or inappropriate messages
- AI violates platform policies
### 36.4 Telecommunications Risks
CALLS AND SMS MAY FAIL:
Automated calls and SMS may:
- Not connect or be completed
- Fail to deliver or be delayed
- Display incorrect caller ID
- Have poor quality or be inaudible
- Drop or fail mid-conversation
- Be blocked by carriers as spam
- Trigger spam filters
NO LIABILITY FOR COMMUNICATION FAILURES:
We are NOT LIABLE for:
- Missed business opportunities due to failed calls/messages
- Customer complaints about automated communications
- Carrier blocking or filtering of your communications
- Regulatory violations arising from your use of calling features
- TCPA or telemarketing law violations
- Spam labeling of your calls
- Loss of phone number reputation
### 36.5 Data and Security Risks
NO GUARANTEE OF DATA SECURITY:
Despite our security measures:
- Data breaches may occur
- Unauthorized access may happen
- Data may be lost or corrupted
- Account credentials may be compromised
- Third-party integrations may expose data
LIMITED LIABILITY FOR SECURITY INCIDENTS:
In the event of a security incident, our liability is limited to:
- Notification as required by law
- Reasonable efforts to mitigate the incident
- NO financial compensation unless legally required
- Maximum liability not exceeding amounts paid to us in prior 12 months
You are responsible for:
- Using strong passwords
- Enabling two-factor authentication
- Protecting your account credentials
- Monitoring your account for unauthorized activity
- Backing up critical data
### 36.6 Business Relationship Disclaimer
THIS IS A BUSINESS TOOL, NOT A GUARANTEE:
Use of our Service does NOT guarantee:
- Leads, customers, or revenue
- Response rates or customer engagement
- Quality of leads from connected platforms
- Business success or growth
- Return on investment
- Customer satisfaction
Business success depends on factors beyond our control:
- Your business quality and reputation
- Market conditions and competition
- Your pricing and service offerings
- Customer service and follow-up
- Economic conditions
### 36.7 Regulatory Compliance Disclaimer
YOU ARE RESPONSIBLE FOR COMPLIANCE:
We provide tools, but YOU MUST ensure compliance with:
- Telephone Consumer Protection Act (TCPA)
- Telemarketing Sales Rule (TSR)
- CAN-SPAM Act (email marketing)
- State telemarketing laws
- Industry-specific regulations (HIPAA, GLBA, etc.)
- Platform terms of service (Yelp, Thumbtack)
- Local business licensing requirements
- Data protection laws (GDPR, CCPA)
NO LIABILITY FOR YOUR COMPLIANCE FAILURES:
We are NOT LIABLE for:
- Fines or penalties you incur for regulatory violations
- Lawsuits brought against you by customers or regulators
- Business license revocation or sanctions
- Damage to your business reputation
- Costs of compliance or legal defense
- Regulatory investigations or enforcement actions
---
## 37. FORCE MAJEURE AND SERVICE MODIFICATIONS
### 37.1 Force Majeure
We are NOT LIABLE for any failure or delay in performance due to circumstances beyond our reasonable control, including but NOT LIMITED TO:
Natural Disasters and Acts of God:
- Earthquakes, floods, fires, storms, extreme weather
- Hurricanes, tornadoes, tsunamis, lightning strikes
- Volcanic eruptions, landslides, sinkholes
- Solar flares, electromagnetic pulses
- Any other natural phenomena
Human-Caused Events:
- War, terrorism, civil unrest, riots, insurrection
- Government actions, regulations, embargoes, sanctions
- Pandemics, epidemics, public health emergencies, quarantines
- Labor disputes, strikes, lockouts, worker shortages
- Supply chain disruptions
Technical and Infrastructure Failures:
- Internet, telecommunications, or network failures
- Third-party platform failures, API changes, or policy changes
- Cyber attacks, DDoS attacks, hacking attempts, ransomware
- Malware, viruses, or other malicious code
- Power outages, brownouts, or infrastructure failures
- Data center outages, disasters, or equipment failures
- Cloud service provider issues
- DNS failures or routing problems
- Certificate authority failures
- Blockchain or cryptocurrency network issues
Legal, Regulatory, and Compliance:
- Changes in laws, regulations, or regulatory interpretations
- Court orders, injunctions, or government mandates
- Sanctions, export restrictions, or trade limitations
- Regulatory investigations or enforcement actions
- Changes in platform policies (Yelp, Thumbtack, Twilio, etc.)
Third-Party Dependencies:
- AI provider (OpenAI, Google, etc.) outages, rate limits, or policy changes
- Payment processor (Stripe) failures or restrictions
- Email service provider issues
- SMS/telephony provider issues
- Any other third-party service disruption
Economic and Market Conditions:
- Economic collapse or financial crisis
- Currency fluctuations or banking restrictions
- Market disruptions
Other Events:
- Any other events, circumstances, or causes beyond our reasonable control, whether or not specifically enumerated above
Effect of Force Majeure:
- Performance is suspended during force majeure event with no liability
- We will make commercially reasonable efforts to resume Service (but no guarantee of timeline)
- No refunds, credits, or compensation for force majeure interruptions
- We may permanently terminate Service if force majeure continues for more than 30 days
- Force majeure includes events affecting us, our service providers, your internet/network providers, or your ability to access Services
- You remain obligated to pay for Services during force majeure events
### 37.2 Service Modifications
We reserve the absolute right, at any time and in our sole discretion, with or without notice or reason:
Service Changes:
- Modify, suspend, discontinue, or remove any feature, functionality, or service component
- Change pricing, subscription tiers, plans, or billing methods
- Add, remove, or modify supported platforms and integrations
- Modify rate limits, usage restrictions, quotas, or fair use policies
- Change AI models, providers, or algorithms
- Update, redesign, or completely change user interface or experience
- Modify, restrict, or remove APIs or integrations
- Add, modify, or remove any functionality without backward compatibility
Policy and Legal Changes:
- Update, modify, or replace these Terms, Privacy Policy, or any other policy at any time without prior notice
- Change how we interpret or enforce any provision
- Add new terms, conditions, or requirements
- Modify dispute resolution procedures
Operational Changes:
- Change service architecture, infrastructure, or technology stack
- Migrate to different service providers or platforms
- Consolidate, split, or reorganize services
- Change support channels or response times
NO OBLIGATION:
- We have NO OBLIGATION to:
- Provide advance notice of changes (though we may at our discretion)
- Maintain backward compatibility
- Provide migration tools or assistance
- Continue supporting deprecated features
- Explain or justify modifications
NO REFUNDS OR COMPENSATION:
- Absolutely NO refunds, credits, or compensation for any service modifications, removals, or changes
- NO liability for loss of functionality, data, integrations, or features
- You may cancel subscription if you disagree with changes, but no refund for current period
- Continued use after changes constitutes binding acceptance of new terms
Version Control:
- We may make changes effective immediately upon posting
- We may or may not maintain version history
- "Last Updated" date indicates most recent changes
- Your responsibility to check for changes regularly
### 37.3 Beta Features and Experimental Services
Some features may be labeled as "beta," "experimental," "preview," or "alpha":
Beta Features are Provided "AS-IS":
- May be unstable, incomplete, or contain bugs
- May not work as expected
- May be modified or removed at any time without notice
- May cause data loss or service issues
- No guarantees or warranties apply
- No service level agreements
- Features may never reach general availability
By using beta features, you accept these risks.
### 37.4 Scheduled Maintenance
We may perform scheduled maintenance:
- With or without advance notice
- During maintenance, Service may be unavailable
- No credits or refunds for scheduled maintenance downtime
- We will attempt to minimize disruption but make no guarantees
- Maintenance windows may extend beyond estimated time
Typical Maintenance:
- Server updates and patches
- Database maintenance
- Security updates
- Infrastructure upgrades
### 37.5 Emergency Maintenance
In emergency situations, we may:
- Immediately suspend Service without notice
- Modify or disable features to address security issues
- Restrict access to prevent abuse or damage
- Take any action necessary to protect Service integrity
- Extend maintenance beyond scheduled windows
Emergency maintenance may be required for:
- Critical security vulnerabilities
- Active attacks or breaches
- System failures or crashes
- Data integrity issues
---
## 38. ADDITIONAL SERVICE FEATURES AND LIMITATIONS
### 38.1 Lead Management System
Our Service captures and manages leads from multiple platforms:
Features:
- Automatic lead capture from Yelp and Thumbtack
- Lead data storage (customer name, phone, email, address, project details)
- Lead status tracking (new, contacted, converted, etc.)
- Conversation history preservation across platforms
- Unified dashboard for all leads
Your Responsibilities:
- Respond to leads in a timely manner
- Maintain accurate lead information
- Comply with data protection laws for customer data
- Do NOT use lead data for unauthorized purposes
- Obtain necessary consents from customers
Our Rights:
- We may analyze lead data to improve Service
- We may share anonymized lead statistics
- We may terminate Service if you misuse lead data
### 38.2 Multi-User and Multi-Business Support
You may manage multiple businesses under one account:
- Each business may have separate settings and configurations
- Leads are segregated by business
- Billing may be per-business or account-level depending on plan
Responsibilities:
- Ensure you have authorization to manage each business
- Keep business information accurate and current
- Do NOT impersonate or misrepresent businesses
### 38.3 SMS and Email Notification System
We provide notification systems for lead alerts:
- SMS notifications to your verified phone number
- Email notifications to your registered email
- In-app notifications within the Service dashboard
Important Limitations:
- Notifications are best-effort, not guaranteed
- We are NOT LIABLE for missed notifications
- Standard carrier rates apply to SMS
- You MUST keep contact information current
- You may disable notifications but risk missing leads
### 38.4 Calendar Integration
If you connect calendar services (Google Calendar):
- We access your calendar availability
- AI may reference availability when responding to leads
- You grant us read access to calendar data
You are responsible for:
- Keeping calendar current and accurate
- Ensuring calendar privacy settings are appropriate
- Understanding that calendar data may influence automated responses
### 38.5 Google Sheets Integration
If you connect Google Sheets:
- We access specified spreadsheet data
- AI may use spreadsheet data in responses (pricing, services, etc.)
- You grant us read access to shared sheets
Requirements:
- You MUST have permission to share spreadsheet data
- Data must NOT contain confidential or regulated information
- We are NOT LIABLE for data used from spreadsheets
### 38.6 Follow-Up Automation
Our Service includes automated follow-up systems:
- Scheduled follow-ups based on your settings
- AI-generated follow-up messages
- Tracking of follow-up attempts
Your Control:
- You can enable/disable follow-ups per business
- You can customize follow-up timing and frequency
- You are responsible for ensuring follow-ups comply with laws
### 38.7 Master Prompts and Custom Instructions
We provide master prompts that guide AI behavior:
- Platform-specific master prompts (Yelp, Thumbtack)
- Custom business prompts you can configure
- Instructions for pricing, services, and responses
You are responsible for:
- Ensuring custom prompts do NOT violate laws or platform policies
- Accuracy of information in your prompts
- Reviewing and updating prompts regularly
- All content generated based on your prompts
### 38.8 Call Recording and Conversation Storage
WE RECORD AND STORE ALL COMMUNICATIONS:
What We Record and Store:
- All automated telephone calls (complete audio recordings)
- All SMS/text messages (complete content, sent and received)
- All email communications (complete content)
- All chat/messaging conversations with customers (Yelp, Thumbtack messages)
- All AI-generated content and prompts
- All user inputs and configurations
How We Use Recordings and Communications:
- Quality assurance and service improvement
- Training and improving AI models
- Legal compliance and TCPA documentation
- Dispute resolution and evidence preservation
- Fraud prevention and security investigations
- Analytics and business intelligence
- Any other business purpose at our discretion
By using the Service:
- You consent to recording and storage of ALL communications
- All parties on calls automatically consent to recording
- Recordings and communications may be retained indefinitely or for as long as needed for business purposes
- You grant us unlimited rights to use, analyze, and store all communications
Your Rights to Recordings:
- You may request copies of recordings (subject to verification and our discretion)
- We may charge reasonable fees for extensive data requests
- We reserve the right to deny requests if not feasible or required by law
### 38.9 Diagnostic and Logging
We extensively log ALL Service activity including but not limited to:
- User actions, clicks, and navigation
- API requests and responses
- Call and message delivery status
- Complete conversation content and history
- Errors, bugs, and system performance
- Security events and authentication
- IP addresses and device information
- Consent and opt-out events
- Any other data generated by or related to your use of the Service
Logs may be:
- Retained indefinitely for security, compliance, and business purposes
- Used in legal proceedings and regulatory investigations
- Shared with law enforcement, regulators, or court orders
- Analyzed for fraud detection, prevention, and business intelligence
- Used for AI training and service improvement
- Sold or licensed to third parties in anonymized or aggregated form
- Used for any legitimate business purpose at our discretion
No Deletion Obligation:
- We have NO OBLIGATION to delete logs upon request
- Logs may persist even after account deletion
- Some logs are exempt from deletion requests for legal/business reasons
---
## 39. FINAL PROVISIONS
### 39.1 Acknowledgment
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE:
- Read, understood, and agreed to be bound by all of these Terms of Service
- Read and agreed to our Privacy Policy
- Understood the risks of using AI-generated content
- Understood your TCPA compliance obligations
- Understood the limitations of liability and warranty disclaimers
- Been informed of arbitration and class action waiver provisions
- Had the opportunity to consult with legal counsel
### 39.2 Questions
If you have any questions about these Terms, please contact us at info@leadwinner.ai before using the Service.
---
END OF TERMS OF SERVICE
Last Updated: October 9, 2025
Version: 2.0
© 2025 SYNERGY FACTOR INC. All rights reserved.
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