LeadArrow Terms of Service

The Service is intended only for lawful business and professional use in the United States. You must be at least 18 years old and legally capable of entering into a binding agreement. You may not use the Service as a consumer or for personal, family, or household purposes.

You represent that:

1. all registration information you provide is accurate and complete;
2. you will maintain the accuracy of that information;
3. you are authorized to act for the Customer identified in the account; and
4. your use of the Service is permitted by all laws, regulations, contracts, and professional obligations applicable to you.

LeadArrow is a software platform designed to help business sales teams receive, assign, route, and respond to inbound leads. Depending on the features included in your plan, the Service may:

• receive lead information from connected systems;
• route or assign leads using round-robin, percentage-based, priority-based, or other rules configured by Customer;
• send browser, push, email, telephone, or SMS alerts to Customer's authorized sales representatives;
• enable representatives to accept, pass, or respond to lead assignments;
• connect with customer relationship management systems and other third-party services;
• provide lead-routing, notification, response, call, and performance statistics; and
• provide related administrative, reporting, configuration, and support features.

LeadArrow does not guarantee that any lead will answer, purchase, schedule an appointment, qualify for an offer, or produce revenue. LeadArrow is not a lead broker, telemarketing agency, legal service, compliance service, or guarantor of Customer's sales performance.

LeadArrow currently sends SMS messages only as operational alerts to Customer's representatives who voluntarily enroll in LeadArrow Alerts. The Service does not currently send Customer's sales or marketing text messages to consumer leads. Any future consumer-lead messaging feature will require additional terms, consent controls, and compliance procedures before it may be used.

Customer is responsible for all activity under its account and for its owners, administrators, employees, representatives, contractors, and other authorized users. Each person must use an individual account. Login credentials may not be shared.

Customer must:

• use reasonable measures to prevent unauthorized access;
• promptly notify us at eliotsamurin@gmail.com of suspected unauthorized access, credential compromise, or security incidents involving the Service;
• promptly remove access for people who are no longer authorized; and
• ensure that each authorized user complies with these Terms.

We may rely on instructions submitted through Customer's account. We are not responsible for losses caused by Customer's failure to secure its accounts, devices, email, telephone numbers, credentials, or connected services.

Customer controls its routing rules, representative assignments, notification settings, operating hours, integrations, and other configurations. Customer is responsible for testing its configuration and confirming that leads are assigned to the intended people.

Routing, alerts, calls, and integrations may be delayed, duplicated, filtered, rejected, or unavailable because of internet conditions, carrier systems, third-party services, incorrect configurations, unavailable representatives, device settings, software defects, maintenance, or events outside LeadArrow's reasonable control. Customer must maintain reasonable backup procedures for receiving and responding to leads.

LeadArrow may modify routing logic, technical methods, or Service features over time, provided that we will not intentionally use those changes to avoid providing a material paid feature during a current subscription term.

The Service may integrate with services such as Close, GoHighLevel, HubSpot, Salesforce, Slack, Twilio, email services, payment processors, and other platforms selected by Customer. By connecting a third-party service, Customer authorizes LeadArrow to access, receive, transmit, create, update, and process information in that service as reasonably necessary to provide the requested integration.

Customer represents that it has all rights and permissions necessary to connect each account and permit this processing. Customer is responsible for the accuracy and lawfulness of instructions, webhooks, credentials, tokens, permissions, data mappings, and settings it provides.

Third-party services are governed by their own terms and privacy policies. LeadArrow does not control and is not responsible for their availability, security, functionality, pricing, acts, omissions, policy changes, data handling, or continued compatibility with the Service. We may suspend or discontinue an integration if the provider changes or restricts its service or if continued support creates a legal, security, or operational risk.

"Customer Data" means information, content, configurations, credentials, and records submitted to or processed through the Service by or for Customer, including lead information, representative information, CRM records, routing rules, and account content.

As between Customer and LeadArrow, Customer retains ownership of Customer Data. Customer grants LeadArrow a nonexclusive, worldwide, limited license to host, copy, transmit, display, modify, organize, and otherwise process Customer Data only as reasonably necessary to:

• provide, maintain, support, and secure the Service;
• carry out Customer's instructions;
• prevent fraud, abuse, and security incidents;
• comply with law and enforce these Terms; and
• create aggregated or de-identified information that cannot reasonably identify Customer, its users, or individual leads.

Customer is solely responsible for Customer Data, including its accuracy, quality, legality, integrity, and the means by which Customer obtained it. Customer represents and warrants that it has provided all required notices and obtained all rights, permissions, and consents necessary for LeadArrow and its service providers to process Customer Data as described in these Terms and the Privacy Policy.

Customer must not submit Social Security numbers, complete payment-card information, government identification numbers, protected health information, biometric identifiers, highly sensitive financial-account credentials, information about children, or other sensitive data that is not reasonably necessary for the Service.

Our collection and use of personal information are described in the LeadArrow Privacy Policy, which is incorporated into these Terms by reference.

When LeadArrow processes personal information contained in Customer Data solely to provide the Service, Customer determines the purposes and means of that processing and LeadArrow acts as Customer's service provider or processor. Customer remains responsible for responding to requests from its leads and other data subjects, giving legally required privacy notices, and establishing a lawful basis for processing. LeadArrow will provide reasonable assistance where required by applicable law and technically feasible.

Customer must not instruct LeadArrow to process personal information unlawfully.

Customer is solely responsible for its communications with leads and other third parties, whether those communications occur through a connected CRM, a telephone provider, another service, or outside LeadArrow.

Customer represents, warrants, and agrees that it will:

1. contact only people whom it may lawfully contact;
2. obtain and document all consent, permission, and written authorization required by the Telephone Consumer Protection Act, Federal Communications Commission rules, Federal Trade Commission rules, state telemarketing laws, Do-Not-Call requirements, call-recording laws, carrier standards, and other applicable requirements;
3. honor revocation, opt-out, and do-not-call requests promptly and through any legally required reasonable method;
4. comply with applicable calling hours, time-zone restrictions, identification requirements, disclosure requirements, and recordkeeping duties;
5. maintain accurate consent records and suppression lists;
6. not use purchased, rented, scraped, harvested, or unlawfully shared telephone-number lists;
7. not misrepresent the identity, purpose, or content of a communication;
8. not use the Service for spam, unlawful solicitation, deceptive activity, or harassment; and
9. comply with the terms, acceptable-use rules, messaging policies, and compliance requirements of all applicable carriers and providers.

LeadArrow does not provide legal advice and does not determine whether Customer's contact with any person is lawful. Features, templates, settings, filters, and technical safeguards do not replace Customer's independent compliance obligations.

We may investigate complaints, require evidence of consent, impose sending or usage limits, disable features, suspend accounts, share necessary compliance information with carriers or providers, and take other reasonable action to protect recipients, LeadArrow, or the communications ecosystem.

Paid features require a subscription or other payment arrangement presented at signup, checkout, or in an order form. Pricing may depend on the selected plan, number of users, usage, telephone services, messages, calls, integrations, or other stated factors.

Customer and its users may not:

• violate any law, regulation, court order, third-party right, or contractual obligation;
• send spam, unlawful advertisements, abusive messages, fraudulent communications, phishing, malware, or deceptive content;
• contact anyone without legally sufficient permission;
• use the Service for healthcare communications involving protected health information, consumer lending, credit repair, debt relief, debt collection, gambling, cannabis, political messaging, adult content, or other highly regulated activity without our prior written approval;
• promote illegal products or services;
• impersonate another person or misrepresent affiliation or authority;
• probe, scan, or test the vulnerability of the Service without written authorization;
• bypass access controls, usage restrictions, rate limits, or security measures;
• reverse engineer, decompile, disassemble, copy, or attempt to derive source code from the Service, except to the limited extent a restriction is prohibited by law;
• interfere with or disrupt the Service, networks, carriers, providers, or other users;
• introduce viruses, malicious code, or harmful automation;
• use the Service to build or benchmark a competing product, except with written permission;
• resell, sublicense, timeshare, or provide the Service to an unaffiliated third party unless expressly authorized;
• use automated means to extract information from the Service other than through authorized interfaces; or
• submit sensitive data prohibited by Section 6.

We may establish reasonable usage limits to protect the Service and third-party systems.

The Service, including its software, source code, object code, interfaces, routing logic, designs, workflows, documentation, trademarks, graphics, and other technology, is owned by LeadArrow or its licensors and is protected by intellectual-property laws. Except for the limited right to use the Service during an active subscription, no rights are granted to Customer.

Subject to these Terms and payment of applicable fees, LeadArrow grants Customer a limited, nonexclusive, nontransferable, nonsublicensable, revocable right during the subscription term to access and use the Service for Customer's internal business purposes.

If Customer provides suggestions, ideas, feedback, or recommendations, Customer grants LeadArrow a perpetual, irrevocable, worldwide, royalty-free right to use them without restriction or compensation, provided we do not publicly identify Customer as the source without permission.

LeadArrow may create and use aggregated or de-identified statistics derived from use of the Service, such as routing volumes, response timing, delivery performance, feature usage, and system reliability. We will not use this information in a form that reasonably identifies Customer, an authorized user, or an individual lead. We may use it to operate, secure, analyze, improve, and report on the Service.

Each party may receive nonpublic information that a reasonable person would understand to be confidential ("Confidential Information"). Confidential Information does not include information that the receiving party can document: (a) is publicly available through no breach; (b) was lawfully known without restriction before disclosure; (c) is received lawfully from another source without a confidentiality duty; or (d) is independently developed without use of the other party's Confidential Information.

The receiving party will use reasonable care to protect Confidential Information and will use it only to perform or exercise rights under these Terms. It may disclose Confidential Information to employees, contractors, professional advisers, and service providers who need it and are subject to appropriate confidentiality obligations. A party may disclose information when legally required if it provides notice where lawful and reasonably cooperates with efforts to limit disclosure.

Customer Data is Customer's Confidential Information. The Service and nonpublic information about its operation are LeadArrow's Confidential Information.

LeadArrow will use reasonable administrative, technical, and organizational safeguards designed to protect personal information under its control. However, no online service, transmission, or storage system is completely secure. Customer is responsible for appropriately configuring its account, limiting user permissions, securing connected services, and maintaining backups and business-continuity procedures.

No statement in these Terms promises that LeadArrow holds any certification, audit report, or regulatory status unless expressly confirmed in a separate written document signed by LeadArrow.

We may maintain, update, modify, replace, or discontinue features. We may perform scheduled or emergency maintenance and may impose reasonable technical limits. We do not guarantee uninterrupted, error-free, or loss-free operation.

Features identified as beta, preview, early access, experimental, or evaluation features may be incomplete, change without notice, and be discontinued at any time. They are provided for testing and are not subject to any service-level commitment.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." LEADARROW DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND RESULTS.

LEADARROW DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR COMPATIBLE WITH EVERY SYSTEM; THAT ALERTS, CALLS, MESSAGES, WEBHOOKS, OR LEADS WILL BE DELIVERED OR RECEIVED; THAT DEFECTS OR DATA LOSS WILL BE CORRECTED; THAT CUSTOMER WILL ACHIEVE ANY RESPONSE TIME, CONTACT RATE, CONVERSION, REVENUE, OR OTHER RESULT; OR THAT USE OF THE SERVICE WILL SATISFY CUSTOMER'S LEGAL OR REGULATORY OBLIGATIONS.

LEADARROW IS NOT RESPONSIBLE FOR CUSTOMER DATA, CUSTOMER'S COMMUNICATIONS, CUSTOMER'S ROUTING DECISIONS, LEAD QUALITY, REPRESENTATIVE AVAILABILITY, CARRIER FILTERING, TELECOMMUNICATIONS FAILURES, INTERNET FAILURES, DEVICE SETTINGS, OR THIRD-PARTY SERVICES.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME DISCLAIMERS MAY NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEADARROW AND ITS LICENSORS, SERVICE PROVIDERS, CONTRACTORS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS, OPPORTUNITY, OR ANTICIPATED SAVINGS; LOSS, CORRUPTION, OR UNAVAILABILITY OF DATA; COST OF SUBSTITUTE SERVICES; OR BUSINESS INTERRUPTION, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF LEADARROW AND ITS LICENSORS, SERVICE PROVIDERS, CONTRACTORS, AND REPRESENTATIVES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

1. THE FEES CUSTOMER PAID TO LEADARROW FOR THE SERVICE DURING THE 12 MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM; OR
2. ONE HUNDRED U.S. DOLLARS ($100).

These limitations apply regardless of the legal theory and even if a remedy fails of its essential purpose. They do not limit liability that cannot lawfully be limited.

Customer will defend, indemnify, and hold harmless LeadArrow, Eliot Samurin, and their service providers, contractors, representatives, successors, and assigns from claims, demands, investigations, proceedings, liabilities, damages, judgments, penalties, fines, settlements, costs, and reasonable attorneys' fees arising out of or relating to:

• Customer Data;
• Customer's communications with leads or other third parties;
• Customer's failure to obtain or document legally required consent;
• Customer's violation of telemarketing, privacy, data-protection, call-recording, messaging, carrier, or Do-Not-Call requirements;
• Customer's products, services, advertising, promises, or business practices;
• Customer's or an authorized user's misuse of the Service;
• Customer's breach of these Terms; or
• Customer's infringement or violation of another person's rights.

LeadArrow will provide reasonable notice of an indemnified claim and reasonable cooperation at Customer's expense. Customer may control the defense with counsel reasonably acceptable to LeadArrow, but may not settle a claim in a manner that admits fault by, imposes obligations on, or fails to fully release an indemnified party without that party's written consent. LeadArrow may participate with its own counsel at its own expense.

These Terms and all disputes arising from them or the Service are governed by the laws of the State of Ohio, without regard to conflict-of-law rules. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions below.

Before filing arbitration or litigation, the complaining party must send a written notice describing the dispute, supporting facts, requested relief, and relevant contact information. Notices to LeadArrow must be sent to eliotsamurin@gmail.com with the subject line "Legal Dispute Notice."

The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt. Any limitations period will be tolled during that 30-day period to the extent permitted by law.

Except for the exceptions below, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the relationship between the parties will be resolved through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its applicable Commercial Arbitration Rules.

The arbitration will be conducted by one arbitrator. Unless the parties agree otherwise, the arbitration will occur remotely by video or telephone, or in Franklin County, Ohio. The arbitrator may award any individual relief available in court, but may not consolidate claims or preside over a class, collective, coordinated, consolidated, or representative proceeding. Judgment on the award may be entered in any court with jurisdiction.

Either party may bring an individual action in a court of competent jurisdiction for qualifying small-claims matters. Either party may also seek temporary or preliminary injunctive relief in court to prevent actual or threatened misuse of intellectual property, unauthorized access, security abuse, or breach of confidentiality while arbitration is pending.

If AAA is unavailable and the parties cannot agree on a substitute, a court with jurisdiction will appoint a neutral arbitration provider.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY AGREES THAT DISPUTES WILL BE BROUGHT ONLY IN THAT PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A TRIAL BY JURY.

If a final court decision determines that the class-action waiver is unenforceable for a particular claim or request for relief, that claim or request will be severed and decided by a court, while all enforceable individual claims remain in arbitration.

For any dispute not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state courts located in Franklin County, Ohio and the United States District Court with jurisdiction over Franklin County, Ohio. Each party waives objections based on personal jurisdiction, venue, or inconvenient forum.

We may update these Terms. We will post the updated version and revise the Last Updated date. If a change materially reduces Customer's rights during a paid subscription term, we will provide reasonable advance notice through email, the Service, or another reasonable method. Changes take effect on the stated effective date. Continued use after that date constitutes acceptance, except where applicable law requires additional consent.

You consent to receive agreements, disclosures, notices, invoices, and other communications electronically. Notices may be delivered through the Service, to the email associated with your account, or through another reasonable electronic method.

Customer must keep its contact information current. Legal notices to LeadArrow must be sent to eliotsamurin@gmail.com. Routine support requests do not constitute legal notice unless clearly identified as such.

Customer may not assign or transfer these Terms or an account without LeadArrow's prior written consent. LeadArrow may assign these Terms, in whole or in part, to an affiliate, successor, newly formed entity, or purchaser in connection with incorporation, formation of a limited liability company, financing, reorganization, merger, acquisition, sale of assets, or transfer of the LeadArrow business. Subject to these restrictions, these Terms bind and benefit the parties and their permitted successors and assigns.

LeadArrow is not liable for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, severe weather, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, carrier actions, power outages, provider outages, cyberattacks, government actions, epidemics, or failures of third-party systems.

These Terms, the Privacy Policy, applicable order forms, and any additional terms expressly incorporated by reference are the complete agreement concerning the Service and replace prior or contemporaneous discussions on that subject. If an order form conflicts with these Terms, the order form controls only if it expressly identifies the conflicting provision.

Failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain effective. Headings are for convenience only. The words "including" and "includes" mean "including without limitation." No agency, partnership, joint venture, fiduciary, franchise, or employment relationship is created by these Terms. There are no third-party beneficiaries except indemnified parties and LeadArrow's licensors and service providers with respect to provisions protecting them.

Questions about these Terms may be sent to:

LeadArrow
Operated by Eliot Samurin, sole proprietor
Columbus, Ohio, United States
Email: eliotsamurin@gmail.com
Website: https://getleadarrow.com