Terms of Service

Agreement to Our Legal Terms

These Terms of Service ("Terms," "Agreement," or "Legal Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you," "your," or "User") and LeadMagic, Inc. ("LeadMagic," "Company," "we," "us," or "our"), a company registered in Massachusetts, United States, concerning your access to and use of our website at https://leadmagic.io (the "Site"), our data enrichment platform, API services, and any other related products, services, features, content, applications, and functionality that refer or link to these Terms (collectively, the "Services").

By accessing, registering for, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with all of these Terms, you are expressly prohibited from using the Services and must discontinue use immediately.

We provide data enrichment, list cleaning, and related services for sales and marketing teams. Our Services enable users to enhance, validate, and augment business contact information and related data.

Table of Contents

1. Acceptance of Terms
2. Services Description
3. Eligibility and Registration
4. Account Security
5. Subscription Plans and Payment
6. Data Usage and Processing
7. User Responsibilities and Restrictions
8. Intellectual Property Rights
9. User Data and Content
10. Data Security and Privacy
11. Third-Party Services and Content
12. Service Modifications and Availability
13. Term and Termination
14. Disclaimer of Warranties
15. Limitation of Liability
16. Indemnification
17. Dispute Resolution
18. Governing Law
19. Changes to Terms
20. General Provisions
21. Contact Information

1. Acceptance of Terms

1.1 Binding Agreement

By accessing or using our Services, you agree to be bound by these Terms, our Privacy Policy, and any additional terms referenced herein, all of which are incorporated by reference.

1.2 Changes to Terms

We reserve the right to modify these Terms at any time at our sole discretion. We will provide notice of material changes by:

• Posting the updated Terms on our Site
• Sending an email to the address associated with your account
• Displaying a notice within the Services

Your continued use of the Services after such modifications constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Services.

1.3 Eligibility

The Services are intended for users who are at least 18 years old and have the legal capacity to enter into a binding agreement. By using the Services, you represent and warrant that you meet these requirements.

2. Services Description

2.1 Data Enrichment Services

LeadMagic provides data enrichment services that allow users to enhance, validate, and augment business contact information and related data. Our Services may include, but are not limited to:

• Business contact data enrichment
• Email verification and validation
• Company and firmographic data enrichment
• Contact and lead information enhancement
• List cleaning and deduplication
• API access for data enrichment
• Data export and integration capabilities
• Data analytics and insights

2.2 Service Limitations

Our Services are subject to certain limitations, including:

• Data availability and accuracy limitations based on our sources
• Usage limits based on your subscription plan
• Technical limitations of our platform
• Compliance with applicable laws and regulations
• Restrictions on certain types of data processing

2.3 Beta Features

We may offer beta, preview, or experimental features that are still under development. These features are provided "as is" without warranty of any kind and may be modified, suspended, or discontinued at any time without notice.

3. Eligibility and Registration

3.1 Account Creation

To access certain features of our Services, you must create an account. When registering, you agree to provide accurate, current, and complete information about yourself and your business. You are responsible for maintaining the accuracy of this information.

3.2 Authorized Users

If you register on behalf of a business entity, you represent and warrant that:

• You have the authority to bind that entity to these Terms
• You are at least 18 years of age
• Your use of the Services will not violate any applicable laws or regulations

3.3 Account Types

We offer various account types with different features, limitations, and pricing. The specific features available to you depend on the type of account you register for or subscription plan you select.

3.4 One Account Per User

You may not create multiple accounts for the same person or entity without our express permission. We reserve the right to merge or close duplicate accounts at our discretion.

4. Account Security

4.1 Account Credentials

You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to:

• Create a strong, unique password
• Not share your account credentials with any third party
• Immediately notify us of any unauthorized use of your account
• Log out of your account at the end of each session

4.2 Security Breach Notification

You must immediately notify us of any unauthorized access to your account or any other breach of security by emailing [email protected].

4.3 Account Activity

You are solely responsible for all activities that occur under your account. We will not be liable for any loss or damage arising from your failure to comply with these security obligations.

4.4 Account Suspension

We reserve the right to suspend or terminate your account if we detect suspicious or unauthorized activity, or if we believe your account has been compromised.

5. Subscription Plans and Payment

5.1 Subscription Plans

We offer various subscription plans with different features, limitations, and pricing. The specific features available to you depend on the subscription plan you select.

5.2 Free Trial

We may offer a free trial period for new users. At the end of the trial period, your account will automatically convert to a paid subscription unless you cancel before the trial ends. You may be required to provide payment information to start a free trial.

5.3 Payment Terms

By subscribing to a paid plan, you agree to pay all fees associated with your selected subscription plan. All payments are due in advance and are non-refundable, except as expressly provided in these Terms.

5.4 Billing Cycle

Your subscription will automatically renew at the end of each billing cycle (monthly or annually, depending on your plan) unless you cancel it before the renewal date. You authorize us to charge your payment method on a recurring basis without requiring your prior approval for each recurring charge.

5.5 Payment Methods

We accept payment via credit card, debit card, and other payment methods as specified on our Site. You represent and warrant that you have the legal right to use any payment method you provide.

5.6 Price Changes

We reserve the right to change our prices at any time. If we change the pricing for your subscription plan, we will notify you at least 30 days before the change takes effect. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the modified price.

5.7 Taxes

All fees are exclusive of taxes, which we will charge as applicable. You are responsible for paying all taxes associated with your use of the Services, except for taxes based on our net income.

5.8 Late Payments

If your payment is not successful, we may:

• Charge a late fee and/or interest on overdue amounts
• Suspend or terminate your access to the Services
• Attempt to charge your payment method again
• Pursue any other remedy available to us

5.9 Cancellation

You may cancel your subscription at any time through your account settings or by contacting [email protected]. If you cancel, you will continue to have access to the Services until the end of your current billing period, but you will not receive a refund for any fees already paid.

5.10 No Refunds

All payments are non-refundable. We do not provide refunds or credits for partial subscription periods, unused services, or if you decide to stop using the Services.

5.11 Usage Limits

Each subscription plan has specific usage limits, such as the number of data enrichments, API calls, or exports. If you exceed these limits, we may:

• Charge you for excess usage
• Throttle or limit your access to the Services
• Require you to upgrade to a higher-tier plan

6. Data Usage and Processing

6.1 Data Sources

Our data enrichment services utilize information from various sources, including:

• Publicly available information
• Licensed data from third-party providers
• User-contributed data
• Information gathered from public websites and directories
• Business registries and public records
• Social media platforms and professional networks

6.2 Data Processing

By using our Services, you acknowledge and agree that:

• We process data in accordance with our Privacy Policy
• We may use automated systems and algorithms to process and enrich data
• The accuracy and completeness of enriched data depend on our sources
• We may update our database and enrichment methodologies at any time
• We may use anonymized and aggregated data for improving our Services

6.3 User-Provided Data

When you upload or provide data to our Services for enrichment or processing, you:

• Retain ownership of your original data
• Grant us a license to use, process, and store your data as necessary to provide the Services
• Represent that you have all necessary rights, permissions, and consents to provide such data
• Understand that we may retain your data as required to provide the Services, even after termination

6.4 Data Retention

We retain data in accordance with our Privacy Policy and applicable laws. We may retain certain data after account termination for:

• Compliance with legal obligations
• Resolution of disputes
• Prevention of fraud and abuse
• Protection of our legitimate business interests
• Maintaining the integrity of our databases

6.5 Data Export

You may export your enriched data from our Services in various formats, subject to the limitations of your subscription plan. Once exported, you are responsible for the secure handling and lawful use of such data.

6.6 Data Accuracy

While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, or reliability of any data provided through our Services. You acknowledge that:

• Data may contain errors or inaccuracies
• Data may become outdated over time
• The quality of data depends on our sources
• You should independently verify critical information

6.7 Compliance with Laws

You are solely responsible for ensuring that your use of our Services and the data obtained through them complies with all applicable laws, regulations, and industry standards, including but not limited to:

• Data protection and privacy laws
• Anti-spam and electronic communications laws
• Consumer protection regulations
• Industry-specific compliance requirements

7. User Responsibilities and Restrictions

7.1 Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You shall not use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To engage in any activity that is fraudulent, deceptive, or harmful
• To impersonate any person or entity or misrepresent your affiliation with any person or entity
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, or harm another person, or to promote violence or discrimination
• To upload or transmit viruses, malware, or other malicious code
• To interfere with or disrupt the Services or servers or networks connected to the Services
• To attempt to gain unauthorized access to any portion of the Services or any other systems or networks

7.2 Prohibited Activities

In addition to the above, you are specifically prohibited from:

• Scraping, crawling, or using automated methods to access or collect data from our Services
• Reverse engineering, decompiling, or attempting to discover the source code of our software
• Removing, circumventing, or altering any copyright, trademark, or other proprietary notices
• Accessing or using the Services through automated means, including bots, scripts, or scrapers
• Using the Services to build a competitive product or service
• Selling, reselling, licensing, sublicensing, or distributing the Services or data obtained through the Services without our express permission
• Using the Services to send unsolicited communications (spam)
• Using the Services for any illegal purpose or to violate the rights of others
• Attempting to bypass or circumvent usage limits or other restrictions
• Creating multiple accounts to exceed usage limits or otherwise abuse free trials or promotional offers
• Using the Services to process sensitive personal data as defined by applicable privacy laws
• Sharing your account credentials with others or allowing multiple users to access a single-user account
• Using the Services in a manner that places an unreasonable or disproportionately large load on our infrastructure
• Caching, storing, or maintaining any data obtained through our Services beyond what is reasonably necessary for your use of the Services
• Using the Services to harvest or collect information about individuals for purposes of harassment, identity theft, or fraud
• Using the Services to generate or distribute inaccurate information

7.3 Monitoring and Enforcement

We reserve the right, but not the obligation, to:

• Monitor your use of the Services for compliance with these Terms
• Investigate any suspected violation of these Terms
• Take appropriate action against anyone who violates these Terms
• Remove or refuse any content that violates these Terms or is otherwise objectionable
• Terminate or suspend your access to the Services for violations of these Terms
• Report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties

7.4 Compliance with Laws

You are responsible for ensuring that your use of the Services complies with all applicable laws, regulations, and industry standards, including but not limited to:

• Data protection and privacy laws (such as GDPR, CCPA, and other applicable privacy regulations)
• Anti-spam laws (such as CAN-SPAM, CASL, and similar laws)
• Telemarketing regulations
• Export control laws
• Industry-specific regulations

7.5 Export Compliance

The Services may be subject to export control laws. You agree not to export, re-export, or transfer, directly or indirectly, any technical data acquired from us, or any products utilizing such data, in violation of any applicable export laws or regulations.

8. Intellectual Property Rights

8.1 Ownership of Services

The Services, including all content, features, functionality, software, code, databases, user interfaces, and design elements, are owned by LeadMagic or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

8.2 Limited License to Use Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes in accordance with these Terms.

8.3 Restrictions on Use

Except as expressly permitted in these Terms, you may not:

• Modify, adapt, or hack the Services or modify another website to falsely imply that it is associated with the Services
• Copy, duplicate, reproduce, sell, resell, or otherwise exploit any portion of the Services
• Use any high volume, automated, or electronic means to access the Services
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices
• Frame or mirror any part of the Services without our prior written authorization
• Access the Services to build a similar or competitive product or service
• Decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code for the Services

8.4 Feedback

If you provide us with any feedback, suggestions, ideas, or recommendations regarding the Services ("Feedback"), you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such Feedback for any purpose without compensation or attribution to you.

8.5 Trademarks

"LeadMagic," the LeadMagic logo, and all related names, logos, product and service names, designs, and slogans are trademarks of LeadMagic or our affiliates or licensors. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

8.6 Data Ownership

As between you and LeadMagic:

• You retain ownership of any data you upload to the Services
• We own all right, title, and interest in and to our database, including all data we collect from third-party sources
• We own all right, title, and interest in and to any enhancements, improvements, or modifications we make to your data through our enrichment processes
• We own all aggregated, anonymized, or de-identified data derived from your use of the Services

8.7 License to User Data

You grant us a worldwide, non-exclusive, royalty-free license to use, copy, transmit, store, analyze, and display your data solely to the extent necessary to provide the Services to you, improve our Services, and as otherwise permitted by our Privacy Policy.

9. User Data and Content

9.1 User Data Definition

"User Data" means any data, information, or material that you upload, submit, or otherwise provide to us or our Services, including but not limited to contact lists, customer information, and any other data you provide for enrichment or processing.

9.2 Ownership of User Data

You retain all right, title, and interest in and to your User Data. We do not claim ownership of your User Data.

9.3 License to User Data

By submitting User Data to the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, transmit, store, analyze, and display your User Data solely to:

• Provide and maintain the Services
• Improve and enhance the Services
• Develop new features and functionality
• Monitor and analyze usage and trends
• Prevent fraud and abuse
• Enforce these Terms
• Comply with applicable laws and regulations
• As otherwise permitted by our Privacy Policy

9.4 User Data Representations and Warranties

You represent and warrant that:

• You have all necessary rights, permissions, and consents to provide the User Data to us and to grant the licenses specified in these Terms
• Your User Data and our use thereof as contemplated by these Terms will not infringe, misappropriate, or violate any intellectual property rights or other rights of any third party
• Your User Data complies with all applicable laws and regulations
• You have obtained all necessary consents and provided all necessary notices for the collection, use, and processing of the User Data as contemplated by these Terms
• Your User Data does not contain any sensitive personal information, such as information about racial or ethnic origin, political opinions, religious beliefs, health information, biometric data, or sexual orientation, unless specifically allowed by applicable law and with explicit consent
• Your User Data does not contain any information about individuals under the age of 16

9.5 User Data Restrictions

You shall not upload, submit, or otherwise provide any User Data that:

• Is false, fraudulent, inaccurate, or misleading
• Infringes or violates any third party's intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights
• Contains any viruses, malware, spyware, or other harmful code or content
• Violates any law, regulation, or contractual obligation
• Contains any sensitive personal information without appropriate legal basis and safeguards
• Contains information about individuals under the age of 16
• Contains any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable

9.6 No Obligation to Retain User Data

We have no obligation to retain your User Data and may delete it at any time. We recommend that you maintain backup copies of your User Data.

9.7 Data Processing Addendum

If you are subject to the GDPR or similar data protection laws and require a Data Processing Addendum (DPA), please contact us at [email protected].

10. Data Security and Privacy

10.1 Privacy Policy

Our Privacy Policy governs our collection, use, and disclosure of your personal information. By using the Services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

10.2 Security Measures

We implement reasonable administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of your User Data. However, no security system is impenetrable, and we cannot guarantee the security of our systems or your User Data.

10.3 Security Breach Notification

In the event of a security breach affecting your User Data, we will notify you in accordance with applicable law and take reasonable steps to mitigate the breach.

10.4 Your Security Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials
• Ensuring the security of your systems and networks that connect to our Services
• Implementing appropriate security measures to protect your User Data
• Notifying us immediately of any unauthorized access to your account or any other breach of security
• Ensuring that your use of the Services complies with all applicable privacy and data protection laws

10.5 No Caching or Storage

You agree not to cache, store, or maintain any data obtained through our Services beyond what is reasonably necessary for your use of the Services. You shall delete or anonymize any data obtained through the Services when it is no longer needed for the purpose for which it was obtained.

10.6 Compliance with Privacy Laws

You agree to comply with all applicable privacy and data protection laws in your use of the Services and any data obtained through the Services, including but not limited to:

• Providing all required notices and obtaining all required consents
• Maintaining a privacy policy that accurately describes your data practices
• Implementing appropriate security measures
• Honoring opt-out requests and other individual rights
• Limiting your use of data to the purposes for which it was collected
• Deleting data when it is no longer needed

11. Third-Party Services and Content

11.1 Third-Party Services

The Services may integrate with or enable access to third-party websites, services, or resources ("Third-Party Services"). These Third-Party Services may have their own terms of service and privacy policies, and your use of them will be governed by those terms and policies. We do not control and are not responsible for the content, security, availability, or practices of any Third-Party Services.

11.2 Third-Party Content

The Services may contain links to third-party websites, resources, or content ("Third-Party Content"). We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources. You acknowledge and agree that we are not responsible or liable for:

• The availability or accuracy of Third-Party Content
• The content, advertising, products, or services on or available from Third-Party Services
• Any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any Third-Party Content, goods, or services

11.3 API Integrations

If you use our API to integrate the Services with your own applications or Third-Party Services:

• You are responsible for maintaining the security of your API keys
• You must comply with any API documentation, policies, or limitations we provide
• We may change, suspend, or discontinue our API at any time
• We may monitor and limit your API usage
• You may not use our API to build a competitive product or service

11.4 No Endorsement

Our provision of links to Third-Party Services or Third-Party Content does not constitute an endorsement, recommendation, or sponsorship of such Third-Party Services or Third-Party Content. We expressly disclaim any responsibility for any Third-Party Services or Third-Party Content.

12. Service Modifications and Availability

12.1 Modifications to Services

We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

12.2 Service Availability

We will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for:

• Planned downtime (of which we will endeavor to give reasonable notice)
• Emergency maintenance
• Force majeure events
• Internet service provider failures or delays
• Issues with third-party services or infrastructure

12.3 No Warranty of Availability

We do not warrant that the Services will be uninterrupted, timely, secure, or error-free. You acknowledge that the Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications.

12.4 Service Level Agreement

If you have purchased an enterprise plan that includes a Service Level Agreement (SLA), the terms of that SLA will govern the availability of the Services for your account.

12.5 Updates and Upgrades

We may from time to time develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the Services ("Updates"). These Updates may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your account and stop using the Services.

13. Term and Termination

13.1 Term

These Terms will remain in full force and effect while you use the Services or maintain an account with us.

13.2 Termination by You

You may terminate these Terms at any time by:

• Canceling your subscription through your account settings
• Contacting us at [email protected] to request account deletion
• Ceasing all use of the Services and deleting any data obtained through the Services

13.3 Termination by Us

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

13.4 Termination for Convenience

We reserve the right to terminate these Terms or suspend or terminate your access to the Services at any time, for any reason, with or without cause, and without prior notice.

13.5 Effects of Termination

Upon termination of these Terms:

• Your license to use the Services will terminate
• Your access to your account will be disabled
• We may delete your account information and User Data
• You must cease all use of the Services
• You must delete any data obtained through the Services that you have stored
• All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability

13.6 No Refunds

We will not provide refunds or credits for any partial subscription periods or unused Services upon termination.

14. Disclaimer of Warranties

14.1 "As Is" and "As Available"

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, LEADMAGIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

14.2 No Warranties Regarding Services

LEADMAGIC DOES NOT WARRANT THAT:

• THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
• THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS
• ANY ERRORS IN THE SERVICES WILL BE CORRECTED
• THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

14.3 No Warranties Regarding Data

LEADMAGIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING:

• THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE DATA PROVIDED THROUGH THE SERVICES
• THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DATA
• THE RESOLUTION OF ANY DATA QUALITY ISSUES
• THE SUITABILITY OF THE DATA FOR ANY PARTICULAR PURPOSE
• THE NON-INFRINGEMENT OF THIRD-PARTY RIGHTS BY YOUR USE OF THE DATA

14.4 Third-Party Content and Services

LEADMAGIC MAKES NO WARRANTY REGARDING ANY THIRD-PARTY CONTENT OR SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIRD-PARTY CONTENT AND SERVICES IS AT YOUR SOLE RISK AND THAT LEADMAGIC SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF ANY THIRD-PARTY CONTENT OR SERVICES.

14.5 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

15. Limitation of Liability

15.1 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEADMAGIC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
• ANY CONTENT OBTAINED FROM THE SERVICES
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
• THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE DATA PROVIDED THROUGH THE SERVICES
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LEADMAGIC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

15.2 Cap on Liability

IN NO EVENT WILL LEADMAGIC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID LEADMAGIC IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

15.3 Essential Purpose

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LEADMAGIC AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15.4 Exclusions

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE DO NOT APPLY TO LIABILITY ARISING FROM:

• LEADMAGIC'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT
• LEADMAGIC'S FRAUD OR FRAUDULENT MISREPRESENTATION
• DEATH OR PERSONAL INJURY CAUSED BY LEADMAGIC'S NEGLIGENCE
• ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW

16. Indemnification

16.1 Indemnification by You

You agree to defend, indemnify, and hold harmless LeadMagic, its affiliates, licensors, and service 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:

• Your violation of these Terms
• Your User Data or your use of the Services
• Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right
• Your violation of any applicable law, rule, or regulation
• Any claim that your User Data caused damage to a third party
• Any activities conducted through your account (whether by you or any other person)
• Your use of the data obtained through the Services

16.2 Notification of Claims

You agree to promptly notify us of any third-party claims, cooperate with us in defending such claims, and pay all fees, costs, and expenses associated with defending such claims (including, but not limited to, attorneys' fees). You also agree that we shall have control of the defense or settlement of any third-party claims.

16.3 Exclusive Control

This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and LeadMagic. We will have the exclusive right to settle, compromise, or otherwise determine any and all claims, demands, or causes of action that are subject to indemnification by you.

17. Dispute Resolution

17.1 Informal Dispute Resolution

Before filing a claim against LeadMagic, you agree to try to resolve the dispute informally by contacting [email protected]. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or LeadMagic may bring a formal proceeding.

17.2 Binding Arbitration

You and LeadMagic agree to resolve any disputes through final and binding arbitration, except as set forth below. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in Boston, Massachusetts, or any other location we agree to.

17.3 Exceptions to Arbitration

The following disputes are excluded from binding arbitration:

• Disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents
• Disputes related to intellectual property rights
• Claims for injunctive relief
• Claims that may be brought in small-claims court

17.4 No Class Actions

Further, unless both you and LeadMagic agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

17.5 30-Day Right to Opt Out

You have the right to opt out of the arbitration and class action waiver provisions set forth in this section by sending written notice of your decision to opt out to [email protected] within 30 days of your first use of the Services. If you opt out of these arbitration provisions, LeadMagic also will not be bound by them.

17.6 Survival

This Dispute Resolution section shall survive any termination of these Terms or your use of the Services.

18. Governing Law

18.1 Governing Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any choice or conflict of law provision or rule.

18.2 Jurisdiction

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts, in each case located in the City of Boston, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

18.3 Waiver of Jury Trial

18.4 Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

19. Changes to Terms

19.1 Modifications to Terms

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

19.2 Notice of Changes

We will notify you of any changes to these Terms by:

• Posting the updated Terms on our Site
• Sending an email to the address associated with your account
• Displaying a notice within the Services

19.3 Continued Use

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Services.

20. General Provisions

20.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and LeadMagic concerning your use of the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and LeadMagic regarding the Services.

20.2 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of LeadMagic. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

20.3 Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

20.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without LeadMagic's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. LeadMagic may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

20.5 Notices

Any notices or other communications provided by LeadMagic under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

20.6 No Agency

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority of any kind to bind the other in any respect.

20.7 Force Majeure

LeadMagic shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

20.8 Export Control

You agree to comply with all export and import laws and restrictions and regulations of the United States or any foreign agency or authority, and not to export, re-export or import the Services or any direct product thereof in violation of such restrictions, laws or regulations, or without all necessary approvals.

20.9 No Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights on any person or entity who is not a party to these Terms.

20.10 Headings

The section titles in these Terms are for convenience only and have no legal or contractual effect.

20.11 Electronic Communications

The communications between you and LeadMagic use electronic means. For contractual purposes, you:

• Consent to receive communications from LeadMagic in an electronic form
• Agree that all terms and conditions, agreements, notices, disclosures, and other communications that LeadMagic provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing

21. Contact Information

If you have any questions about these Terms, please contact us at: