Terms of Service
TERMS OF SERVICE
Last updated: February 9, 2025
AGREEMENT TO OUR LEGAL TERMS
Welcome to Synergy Factor LLC ("Company," "we," "us," "our"). We are a company registered in California, United States. Our mailing address is: 166 Geary St, Ste 1500 #2507, San Francisco, CA 94108, 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").
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
OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
USER REGISTRATION
PURCHASES AND PAYMENT
SUBSCRIPTIONS
PROHIBITED ACTIVITIES
USER-GENERATED CONTENT
CONTRIBUTION LICENSE
GUIDELINES FOR REVIEWS
SOCIAL MEDIA
THIRD-PARTY WEBSITES AND CONTENT
ADVERTISERS
SERVICES MANAGEMENT
PRIVACY POLICY
COPYRIGHT INFRINGEMENTS
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
CALIFORNIA USERS AND RESIDENTS
MISCELLANEOUS
CONTACT US
AI-GENERATED CONTENT
NO PROFESSIONAL ADVICE
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)). You may not use the Services in a way that would violate such laws.
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.
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, non-commercial use or internal business purposes.
Restrictions: You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
All registration information you submit will be true, accurate, current, and complete.
You will maintain the accuracy of such information and promptly update it as necessary.
You have the legal capacity and you agree to comply with these Terms.
You are not under the age of 18.
You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise.
You will not use the Services for any illegal or unauthorized purpose.
Your use of the Services will not violate any applicable law or regulation.
You understand that the Services may include AI-generated content, which may not always be accurate or appropriate.
You will not rely solely on AI-generated content without independent verification.
You accept full responsibility for any use of AI-generated content provided through the Services.
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.
4. USER REGISTRATION
You may be required to register an account to access the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove or change a username you select if we determine it is inappropriate.
5. PURCHASES AND PAYMENT
We accept the following forms of payment: Visa, MasterCard, American Express, and PayPal. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services.
Payment Authorization: You authorize us to charge your payment method for the total amount of your purchase.
Pricing Errors: We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
All payments are non-refundable.
6. SUBSCRIPTIONS
Billing and Renewal:
By purchasing a subscription, you agree to recurring billing. Your subscription will continue indefinitely until canceled by you. You authorize us to charge your payment method automatically at the beginning of each billing period.
Cancellation:
You may cancel your subscription at any time by logging into your account or contacting us. Your cancellation will take effect at the end of the current billing period. No refunds will be provided for the current billing period.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. You agree not to:
Systematically retrieve data or content to create a collection or database without written permission.
Make unauthorized use of the Services, including collecting usernames or emails for sending unsolicited email.
Circumvent, disable, or interfere with security-related features.
Engage in unauthorized framing or linking to the Services.
Trick, defraud, or mislead us or other users.
Make improper use of our support services.
Use any automated system to access the Services.
Interfere with the Services or networks connected to the Services.
Use the Services to harass, abuse, or harm another person.
Upload or transmit viruses, Trojan horses, or other malicious material.
Use the Services in a manner inconsistent with any applicable laws or regulations.
8. USER-GENERATED CONTENT
The Services may allow you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials (collectively, "Contributions"). By submitting Contributions, you represent and warrant that:
Your Contributions do not infringe on any third-party rights.
You have the necessary rights and permissions to use and authorize us to use your Contributions.
Your Contributions are not false, misleading, or inaccurate.
Your Contributions are not unsolicited promotions, political campaigning, advertising, or solicitations.
9. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services, you automatically grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide right and license to:
Use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, excerpt, or create derivative works of such Contributions.
Use your name, trademark, service mark, or trade names in connection with your Contributions.
You waive all moral rights in your Contributions and warrant that moral rights have not otherwise been asserted.
10. GUIDELINES FOR REVIEWS
We may provide areas for you to leave reviews or ratings. When posting a review, you must:
Have firsthand experience with the entity being reviewed.
Not be affiliated with competitors if posting negative reviews.
Not make any conclusions as to the legality of conduct.
Not post any false or misleading statements.
Not organize a campaign encouraging others to post reviews.
We may accept, reject, or remove reviews at our sole discretion.
11. SOCIAL MEDIA
You may link your account with online accounts you have with third-party service providers by providing your login information to the third-party. By linking accounts, you grant us permission to access certain information from those accounts.
12. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain links to third-party websites and content. We are not responsible for any third-party websites or content accessed through the Services. Inclusion of such links does not imply approval or endorsement.
13. ADVERTISERS
We allow advertisers to display their advertisements on the Services. We do not endorse or guarantee the products or services advertised, and we are not responsible for any loss or damage resulting from dealings with advertisers.
14. SERVICES MANAGEMENT
We reserve the right to:
Monitor the Services for violations of these Terms.
Take appropriate legal action against anyone who violates the law or these Terms.
Remove or disable all files and content that are excessive or burdensome to our systems.
Otherwise manage the Services in a manner designed to protect our rights and property.
15. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy at LeadWinner.ai/privacy. By using the Services, you agree to be bound by our 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.
17. TERM AND TERMINATION
These Terms shall remain in full force and effect while you use the Services. We reserve the right to, in our sole discretion, terminate or suspend your account at any time without notice.
18. MODIFICATIONS AND INTERRUPTIONS
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 will not be liable for any modification, suspension, or discontinuance of the Services.
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.
20. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, you agree to first attempt to negotiate any dispute informally by contacting us at info@leadwinner.ai. These informal negotiations shall commence upon written notice.
Binding Arbitration
If a dispute cannot be resolved through informal negotiations, it shall be finally resolved through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association.
Arbitration Location: San Francisco, California.
Waiver of Jury Trial: You waive the right to a jury trial.
Class Action Waiver: You agree that any arbitration shall be conducted in your individual capacity only and not as a class action.
21. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and to change or update the information at any time without prior notice.
22. DISCLAIMER
As-Is 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.
No Warranties
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, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
No Responsibility
We make no warranties or representations about the accuracy or completeness of the Services' content or the content of any websites linked to the Services.
23. LIMITATIONS OF LIABILITY
Limitation on Liability
To the maximum extent permitted by law, in no event shall Synergy Factor LLC or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages.
Cap on Liability
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to the amount paid by you to us during the twelve (12) month period prior to any cause of action arising.
User Responsibility
You specifically acknowledge that we shall not be liable for the defamatory, offensive, or illegal conduct of any user or third party.
24. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, arising out of:
Your Contributions.
Use of the Services.
Breach of these Terms.
Violation of the rights of a third party.
Your reliance on any content generated by AI technologies, including GPT.
Any harm or damages resulting from your use of AI-generated content.
25. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the Services. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.
No Liability for Data Loss
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption.
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 agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communication be in writing.
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.
28. MISCELLANEOUS
These Terms and any policies posted by us constitute the entire agreement between you and us. Our failure to enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Severability
If any provision of these Terms is unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.
29. CONTACT US
To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Email: info@leadwinner.ai
30. AI-GENERATED CONTENT
Acknowledgment of AI Use
Some content available through the Services is generated by artificial intelligence technologies, including GPT.
No Guarantee of Accuracy
We strive to ensure that AI-generated content is accurate and appropriate; however, we do not guarantee its accuracy, completeness, or usefulness.
User Responsibility
You acknowledge that AI-generated content may not be accurate, complete, or current.
You agree to independently verify any information before relying on it.
You assume all risks associated with the use of AI-generated content.
Limitation of Liability
We disclaim all liability arising from your use of or reliance on AI-generated content.
31. NO PROFESSIONAL ADVICE
The information provided through the Services is for general informational purposes only and is not intended to constitute professional advice. You should consult with qualified professionals before taking any action based on the information provided through the Services.
By using the Services, you acknowledge that you have read, understood, and agreed to be bound by all of these Terms of Service.
These Terms prioritize the rights and interests of Synergy Factor LLC.
Contact us
Whether you have a request, a query, or want to work with us, use the form below to get in touch with our team.
