Last Updated December 2nd, 2022
Agreement to Terms
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and LEADUP LLC (“LeadUp”, “Company”, “we”, “us”, or “our”), concerning your access to and use of the https://leadup.ai, https://app.leadup.ai websites as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected to the Company (collectively, the “Site”). You agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right to change these terms of this Terms of Use Agreement from time to time. Such changes will become effective when we post the revised terms as part of the Site or on any related website. If the Company makes material changes to this Agreement, the Company may make commercially reasonable efforts to notify you that this Agreement has changed by posting a prominent notice on the Site, sending you an email, or other similar methods of contacting you, but such notice is for your convenience only and shall not be required for the effectiveness of the changes.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or county where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirements within such jurisdiction or county. Accordingly, those persons who choose to access the Site from other locations do so on their initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
This site is intended for users who are at least 18 years of age. Persons under the age of 18 are not permitted to use or register for the site.
Intellectual Property
The Site and its original content (excluding Content provided by You or other users), source code, databases, graphics, features, and functionality are and will remain the exclusive property of the Company and its licensors. The Site is protected by copyright, trademark, and other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. Our trademarks and trade dress may not be used in connection with any product or Site without the prior written consent of the Company.
Licensing & Limitation
Subject to the terms of this Agreement, LeadUp LLC grants to you a personal, non-exclusive, non-assignable, and non-transferable license to use and display the software provided by or on behalf of LeadUp LLC (including any updates) only to access the Site on any computer(s) on which you are the primary user or which you are authorized to use. Our Privacy Policies provide important information about the software applications we utilize. Please read the terms very carefully, as they contain important disclosures about the use and security of data transmitted to and from your computer. Unauthorized copying of the Site, including, without limitation, software that has been modified, merged, or included with the Site, or the written materials associated therewith, is expressly forbidden. You may not sublicense, assign, or transfer this license except as permitted in writing by LeadUp LLC. Any attempt to sublicense, assign or transfer any of the rights, duties, or obligations under this license is void and may result in termination by us of these Terms of Use and the license. You agree that you shall not copy or duplicate or permit anyone else to copy or duplicate any part of the Site, or create or attempt to create, or permit others to create or attempt to create, by reverse engineering or otherwise, the source programs or any part thereof from the object programs or from other information made available under this Terms of Use Agreement.
Fees & Payment
You are required to pay subscription fees to access some Site features (the “Paid Subscriptions”). You may purchase a Paid Subscription directly from Leadup by paying a subscription fee plus applicable taxes in advance every month or some other recurring interval disclosed to you before your purchase. You agree to provide current, complete, and accurate purchase and account information for payments made via the Site.
Renewal and Cancellation
Your payment to LeadUp or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period unless you cancel your Paid Subscription before the end of the then-current subscription period. Contact our Customer Support team here for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period, and you will lose access to the Site. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.
Price and tax changes
We may from time to time make changes to Paid Subscriptions and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the Site after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription before the price change goes into effect.
Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.
Taxes and Third-Party Fees: Your LeadUp subscription covers only access to the Site license. According to these Terms, you pay any other taxes and fees including foreign transaction fees, mobile carrier fees, or credit card fees.
Credit Card Information: You authorize us to store your payment method and use it in connection with your use of the Sites and the Site as described in your Subscription and Cancellation Terms. To avoid interruption of your Site, we may participate in programs supported by your card provider to try to update your payment information. You authorize us to continue billing your account with the updated information that we obtain.
Messaging Terms
You agree not to use the Site to send harmful, inappropriate, or unwanted SMS messages (“messages”) to anyone for any reason and to comply with all conditions listed in these terms and including, but not limited to, applicable laws, and the policies of telecommunication providers.
Consent Requirements
Simply having a phone number does not give you the right to send promotional or marketing messages. Before sending any message through the Site, all recipients must have agreed to receive such messages before You send the first message – defined here as “consent”. Consent to message a recipient cannot be bought, sold or exchanged. It is your responsibility to maintain a record of each recipient’s consent. When receiving consent you must be clear about the type of message content the recipient will receive from you and the frequency of messages.
Identify Yourself as The Sender
Each message must identify you as the sender, except when sending a follow-up message to an ongoing conversation.
Opt-Out
All recipients have the right to revoke consent from you at any time. Recipients can withdraw consent by asking you to cease contact through multiple channels, including but not limited to texting an opt-out keyword such as “STOP”. You have the responsibility to track these opt-out requests and stop future messages. We reserve the right to track these opt-out requests and prevent you from contacting these individuals further. We may, at our discretion, add additional text to your messages informing recipients that they can opt-out of future messages.
Business Registration
You permit us to register your company on your behalf with telecommunication programs designed to protect consumers from your use of the Site. Including, but not limited to, A2P 10DLC, The Campaign Registry, and STIR/SHAKEN.
Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our permission.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Use any information obtained from the Site to harass, harm, or abuse another person.
- Upload or transmit (or attempt to upload or transmit) viruses, trojan horses, malware, or any material that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the Site, such as using data mining robots, or similar data-gathering tools or scripts.
- Use the Site in any way that violates any applicable federal, state, local, or international law or regulation. Including, without limitation, the Telephone Consumer Protection Act (TCPA), the Federal Trade Commission’s National Do Not Call Registry, the CAN-SPAM Act, Canada’s Anti-Spam Legislation (CASL), the Fair Credit Reporting Act (FCRA), and other applicable laws or regulations governing advertising, marketing, data privacy or data protection.
- Use the Site to transmit, or procure the sending of, any advertising or promotional material without prior written consent, including any “junk mail”, “spam” or any other similar solicitation.
- Attempt to bypass any measures by the Site designed to restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s software, including but not limited to HTML, CSS, Javascript, PHP, or other code.
- Except as otherwise permitted by applicable law, decipher, disassemble, or reverse engineer any of the software comprising or in any way making up part of the Site.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
Governing Law
These Terms shall be governed by and defined following the laws of the State of California and you irrevocably consent that the courts of San Bernardino County in the State of California shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms. Your use of the Site may also be subject to other local, state, national, or international laws.
Indemnification
You agree to defend, indemnify and hold harmless LeadUp LLC, its affiliates, licensors, and Site providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (1) use of the Site, (2) breach of these Terms of Use; (3) your violation of any applicable law or regulation, including but not limited to, the TCPA, the Federal Trade Commission’s National Do Not Call Registry, the CAN-SPAM Act, CASL, or the FCRA; (4) your violation of terms of any third party, including but not limited to telecommunication providers, and The Campaign Registry; (5) your violation of rights of any third party, including but not limited to intellectual property rights; (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Term & Termination
These Terms of Use shall remain in effect while you use or access the Site. WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE, TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY OF THE PROHIBITIONS OR RESTRICTIONS CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR ACCESS TO THE SITE OR DELETE ANY OR ALL ACCOUNT INFORMATION AT ANY TIME, WITHOUT WARNING.
Termination by You. You may stop using the Site at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees.
Disclaimer
The Site is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its behalf and on behalf of its Affiliates and its and their respective licensors and Site providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, concerning the Site, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Site will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or Sites, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (1) as to the operation or availability of the Site, or the information, content, and materials or products included thereon; (2) that the Site will be uninterrupted or error-free; (3) as to the accuracy, reliability, or currency of any information or content provided through the Site; or (4) that the Site, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations outlined in this section shall be applied to the greatest extent enforceable under applicable law.
Dispute Resolution
If you have any concerns or disputes, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of receipt by us, any resulting legal actions must be resolved through final and binding arbitration, including any question of whether arbitration is required, except that you may assert claims in small claims court if your claims qualify. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of California. An award of arbitration may be confirmed in a court of competent jurisdiction.
No Class Actions. You may only resolve disputes with us on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.