Terms of Service

1. Acceptance of Terms

By accessing or using the LeadTender.ai website and application (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. If you are using the Service on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms.

2. Description of Service

LeadTender.ai provides a software platform for real estate professionals to manage lead acquisition, outreach campaigns, and seller communication. The Service includes lead data management, multi-channel campaign automation (voice, SMS, ringless voicemail, email, direct mail), AI-powered response handling, skip tracing integrations, and pipeline analytics.

3. Account Registration

You must create an account to use the Service. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. Acceptable Use

You agree to use the Service only for lawful purposes. You shall not:

• Use the Service to send unsolicited communications in violation of applicable law
• Upload data that you do not have the right to use or distribute
• Attempt to circumvent compliance features or suppression mechanisms
• Use the Service to harass, threaten, or defraud any person
• Interfere with or disrupt the integrity or performance of the Service
• Reverse-engineer, decompile, or disassemble any part of the Service
• Resell, sublicense, or provide access to the Service to third parties without authorization

5. Messaging and Communications Compliance

You are solely responsible for ensuring that all communications sent through the Service comply with all applicable laws and regulations, including but not limited to:

5.1 Telephone Consumer Protection Act (TCPA)

You represent and warrant that you have obtained all necessary consents before initiating any calls, SMS messages, or ringless voicemail drops to any recipient. You agree to honor all do-not-call requests and to comply with the National Do Not Call Registry requirements.

5.2 SMS Messaging Terms

• You must obtain prior express written consent before sending SMS marketing messages
• All SMS campaigns must include clear identification of the sender
• Recipients may opt out at any time by replying STOP
• Recipients may text HELP for assistance
• Message frequency varies by campaign; message and data rates may apply
• You must not send messages outside of permitted calling hours as defined by applicable law and regulations

5.3 CAN-SPAM Act

All email communications sent through the Service must comply with the CAN-SPAM Act, including accurate header information, clear identification as advertising where applicable, a valid physical postal address, and a functioning unsubscribe mechanism.

5.4 Carrier and Platform Policies

You agree to comply with all applicable wireless carrier policies, 10DLC registration requirements, and messaging platform terms. LeadTender reserves the right to suspend messaging capabilities if your usage results in carrier complaints, excessive opt-out rates, or violations of carrier policies.

6. Data and Content

6.1 Your Data

You retain ownership of all data you upload to or create within the Service ("Your Data"). You grant LeadTender a limited, non-exclusive license to use Your Data solely to provide and improve the Service.

6.2 Data Accuracy

You are responsible for the accuracy and legality of the data you upload to the Service. LeadTender is not liable for actions taken based on inaccurate or outdated lead data.

6.3 Data Deletion

Upon termination of your account, you may request deletion of Your Data. We will process deletion requests within 30 days, subject to any legal retention requirements.

7. Subscription and Payment

Access to the Service requires a paid subscription. Subscription fees are billed in advance on a monthly or annual basis. All fees are non-refundable except as required by law. We reserve the right to modify pricing with 30 days' notice. Usage-based charges (e.g., SMS delivery, skip traces, direct mail) are billed in addition to the subscription fee.

8. Intellectual Property

The Service, including its software, design, logos, and documentation, is the property of LeadTender and is protected by intellectual property laws. These Terms do not grant you any rights to our trademarks, branding, or proprietary technology except the limited right to use the Service as described herein.

9. Third-Party Services

The Service integrates with third-party providers for communication delivery, skip tracing, payment processing, and other functions. Your use of these integrations is subject to the respective third-party terms. LeadTender is not responsible for the availability, accuracy, or practices of third-party services.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEADTENDER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless LeadTender and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any applicable law or regulation, including telecommunications and privacy laws.

13. Suspension and Termination

We may suspend or terminate your access to the Service at any time if we reasonably believe you have violated these Terms, applicable law, or carrier/platform policies. You may cancel your subscription at any time through your account settings. Upon termination, your right to use the Service ceases immediately.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the state or federal courts located in Texas.

15. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Continued use of the Service after changes are posted constitutes acceptance of the revised Terms.

16. Contact

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