Terms of Service

1. Introduction

Welcome to LeadMagic. These Terms of Service ("Terms") govern your use of our website and services. By accessing or using our services, you agree to be bound by these terms. If you do not agree with any part of these Terms, you must not use our services.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE SERVICES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH LEADMAGIC, INC. REGARDING YOUR USE OF THE SERVICES.

2. Definitions

"Service" refers to the LeadMagic website, data enrichment platform, and all related services operated by LeadMagic, Inc.

"User," "You," and "Your" refer to the individual or entity accessing or using the Service.

"We," "Us," "Our," and "Company" refer to LeadMagic, Inc.

"Content" refers to all information, data, text, software, graphics, and other materials that may be accessed through the Service.

"Enrichment Credits" refers to the units of measurement used to quantify usage of our data enrichment services.

"Billing Cycle" refers to the recurring period (monthly or annual) for which you are charged for the Service.

"Chargeback" refers to a transaction reversal meant to serve as a form of consumer protection from fraudulent activity committed by merchants, initiated by the cardholder's bank.

3. Use of Service

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

• In any way that violates any applicable federal, state, local, or international law or regulation
• To engage in any activity that is harmful, fraudulent, deceptive, or otherwise objectionable
• To attempt to interfere with the proper working of the Service
• To use the data provided by the Service for any illegal or unethical purpose
• To attempt to decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of the Service
• To access the Service through automated means, including but not limited to bots, scrapers, or other automated methods without our express written permission
• To circumvent, disable, or otherwise interfere with security-related features of the Service

We reserve the right to terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

4. Data Usage

The data provided through our Service is intended for legitimate business purposes only. You agree to:

• Use the data in compliance with all applicable laws and regulations, including but not limited to data protection and privacy laws such as GDPR, CCPA, and other applicable regulations
• Not use the data for any discriminatory purpose
• Not use the data to harass, stalk, or otherwise engage in unwanted contact with individuals
• Respect opt-out requests and other data subject rights
• Not resell, redistribute, or otherwise share the raw data obtained from our Service without our express written permission
• Implement appropriate security measures to protect any data obtained through our Service
• Notify us immediately of any unauthorized use or breach of security related to our Service or the data obtained through it

You acknowledge that we make no representations or warranties about the accuracy, completeness, or legality of the data provided through our Service. You are solely responsible for your use of the data and any consequences thereof.

5. Account Registration

To access certain features of the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to disable any user account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

6. Payment Terms and Refund Policy

Certain aspects of the Service may be provided for a fee. You agree to pay all fees in accordance with the pricing and payment terms presented to you for the Service. You will provide us with valid, up-to-date, and complete credit card or other payment information.

If you dispute any charges, you must notify us within thirty (30) days after the date that we invoice you. We reserve the right to change our prices at any time. If we change our prices, we will provide notice of the change on the Site or by email, at our option, at least 14 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.

ALL SALES ARE FINAL. NO REFUNDS OR CREDITS WILL BE ISSUED FOR ANY REASON, INCLUDING FOR UNUSED ENRICHMENT CREDITS, REGARDLESS OF CIRCUMSTANCES. BY PURCHASING OUR SERVICES, YOU EXPLICITLY ACKNOWLEDGE AND AGREE TO THIS NO-REFUND POLICY.

Proper Dispute Process: If you have any concerns about your purchase or service, you MUST contact us directly at billing@leadmagic.io BEFORE initiating any dispute with your payment provider. We are committed to addressing legitimate concerns in good faith, but we must be given the opportunity to do so.

INITIATING A CHARGEBACK OR PAYMENT DISPUTE WITHOUT FIRST CONTACTING US CONSTITUTES A MATERIAL BREACH OF THESE TERMS. In the event of such breach, we reserve the right to:

• Immediately terminate your account and access to all services
• Permanently ban you from using our services in the future
• Pursue collection of the full amount owed plus any fees incurred in the chargeback process (minimum $25 per chargeback)
• Report the incident to credit bureaus and collection agencies
• Take legal action to recover damages, including but not limited to the original charge amount, chargeback fees, legal fees, and administrative costs
• Report fraudulent chargebacks to law enforcement authorities

You acknowledge that filing a fraudulent chargeback is illegal and constitutes fraud. We maintain detailed records of all transactions, account activity, and communications, which will be used to contest any improper chargebacks.

Credit Expiration and Allocation:

• Monthly Plan Credits: All enrichment credits included with monthly subscription plans expire at the end of each billing cycle (30 days from purchase or renewal). Unused credits DO NOT roll over to the next month under any circumstances.
• Annual Plan Credits: Credits included with annual plans are allocated monthly (1/12 of the total) and expire at the end of each month. Unused monthly credits DO NOT roll over to subsequent months.
• Add-on Credit Packs: Any additional credit packs purchased separately expire 12 months from the date of purchase, regardless of usage.
• Credit Usage Order: Credits are used in the following order: (1) Monthly subscription credits, (2) Annual subscription monthly allocation, (3) Add-on credit packs (oldest first).
• No Extensions: Credit expiration dates are fixed and will not be extended for any reason, including service interruptions, account suspensions, or any other circumstances.

You explicitly acknowledge and agree that the expiration of credits does not entitle you to any refund, credit, or compensation of any kind. The purchase of any plan or credit pack constitutes acceptance of these expiration terms.

7. Service Performance and Availability

While we strive to provide a reliable and high-performing service, you acknowledge and agree to the following:

• The Service is provided on an "as available" basis. We do not guarantee that the Service will be available at all times or that access will be uninterrupted or error-free.
• We reserve the right to perform maintenance on the Service at any time, which may result in temporary unavailability. Whenever possible, we will attempt to provide advance notice of scheduled maintenance.
• Service performance may vary based on factors beyond our control, including but not limited to internet connectivity, third-party service providers, and your hardware and software configurations.
• Processing times for data enrichment requests may vary based on the complexity of the request, the volume of data being processed, and current system load.
• We do not guarantee specific response times, processing speeds, or throughput rates for any aspect of the Service.
• Service outages, delays, or performance issues do not entitle you to any refund, extension of service period, or credit of any kind.
• We may impose rate limits, usage caps, or other restrictions on the Service at any time to maintain system stability and performance for all users.

You acknowledge that occasional service interruptions are an inherent part of internet-based services and do not constitute a breach of these Terms or entitle you to any compensation.

8. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of LeadMagic, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of LeadMagic, Inc.

You acknowledge that all intellectual property rights, including without limitation, copyrights, patents, trademarks, and trade secrets, in the Service and its content are owned by us or our suppliers. Neither these Terms nor your access to the Service transfers to you any rights, title or interest in or to such intellectual property rights.

9. Disclaimer of Warranties

THE SERVICE AND ALL CONTENT IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL LEADMAGIC, INC., NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, 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 (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, CORRECTNESS, OR TIMELINESS OF THE DATA PROVIDED THROUGH THE SERVICE. WE DO NOT WARRANT THAT THE DATA WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT ALL ERRORS IN THE DATA WILL BE CORRECTED.

WE DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF OUR SERVICE, INCLUDING BUT NOT LIMITED TO SALES CONVERSION RATES, LEAD GENERATION SUCCESS, EMAIL DELIVERABILITY, OR ANY OTHER BUSINESS OUTCOMES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, LEADMAGIC, INC.'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEADMAGIC, INC., ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEADMAGIC, INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.

IN NO EVENT SHALL LEADMAGIC, INC., ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO LEADMAGIC, INC. DURING THE THREE (3) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LEADMAGIC, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

11. Indemnification

You agree to defend, indemnify, and hold harmless LeadMagic, Inc., 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 or your use of the Service, including, but not limited to, your User Contributions, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.

This indemnification obligation includes, but is not limited to, any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of any third-party right, including any intellectual property right or privacy right
• Your violation of any applicable law, rule, or regulation
• Any claim that your use of the Service or the data obtained through it caused damage to a third party
• Any disputes or chargebacks initiated by you or on your behalf
• Any fraudulent, deceptive, or improper use of payment methods
• Any misrepresentation made by you in connection with your use of the Service or any payment for the Service

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Massachusetts, without regard to its conflict of law provisions.

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Boston, Massachusetts, using the English language in accordance with the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS.

The prevailing party in any arbitration or other proceeding arising under these Terms shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith.

Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.

13. Class Action Waiver

ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION.

YOU SPECIFICALLY AGREE TO WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST US.

14. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

15. Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

16. Entire Agreement

These Terms constitute the entire agreement between you and LeadMagic, Inc. regarding our Service and supersede all prior and contemporaneous written or oral agreements between you and LeadMagic, Inc.

You may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content, or third-party software.

17. Changes 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.

By continuing to access or use our Service 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 Service.

18. Data Accuracy and Quality

While we strive to provide accurate and high-quality data, you acknowledge that:

• No data provider can guarantee 100% accuracy for all data points
• Business contact information changes frequently and may become outdated
• Some data may be incomplete or require additional verification
• Results may vary based on the quality and completeness of input data
• We do not guarantee specific outcomes or results from using our data
• Success rates for email finding, phone number discovery, and other services are estimates and may vary based on industry, region, and other factors
• Data quality and availability may vary by geographic region, industry, company size, and other factors beyond our control

You agree to use your own judgment and discretion when using the data provided through our Service and to verify critical information through additional sources when necessary.

19. Contact Us

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

Email: legal@leadmagic.io