Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the website and platform provided by LeadRefinery LLC (“LeadRefinery,” “we,” “us,” or “our”) — together, the “Services.” By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

1.Who These Terms Apply To

These Terms apply to everyone who accesses the Services, including visitors to our website and individual users who access the platform under an account provided by their organization.

The Services are intended for business use by organizations and their personnel. They are not directed to consumers or to individuals acting for personal, family, or household purposes, and are not intended for anyone under 18.

If you use the Services on behalf of an organization, you represent that you are authorized to do so and that you accept these Terms on that organization’s behalf as well as your own.

2.Relationship to Other Agreements

Many organizations that use the Services have signed a separate written agreement with us — for example, a Platform Services Agreement.

If you are accessing the Services in connection with such a written agreement, that agreement governs. These Terms apply only to matters the written agreement does not address, and in the event of any conflict or inconsistency between these Terms and the written agreement, the written agreement controls.

Nothing in these Terms modifies, limits, supplements, or supersedes any written agreement between LeadRefinery and your organization. Where a written agreement contains provisions on liability, indemnification, data rights, confidentiality, or dispute resolution, those provisions apply in place of the corresponding provisions of these Terms.

Our Privacy Policy describes how we handle personal information and is incorporated into these Terms by reference. Our SMS Terms of Service govern the account verification text messaging program described in Section 5.

3.Accounts and Credentials

• You must provide accurate information when an account is created for you and keep it current.
• You are responsible for safeguarding your login credentials, and for all activity that occurs under your account.
• Do not share credentials, allow others to use your account, or use anyone else’s account.
• Notify us promptly at support@leadrefinery.ai if you suspect unauthorized access.

We may suspend or disable an account or credential at any time if we reasonably believe it has been compromised or is being used in violation of these Terms.

4.Acceptable Use

You may use the Services only for lawful business purposes and in accordance with these Terms and any applicable written agreement. You will not:

• Use the Services in violation of any applicable law, including telemarketing, consumer protection, privacy, and data-protection laws.
• Circumvent, disable, or interfere with any security, access-control, compliance, or rate-limiting feature of the Services.
• Access the Services by automated means — including scraping, crawling, or harvesting — or attempt to access any account, system, or data you are not authorized to access.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code, models, or methods underlying the Services, except to the extent applicable law prohibits this restriction.
• Use the Services to build, train, or improve a competing product or service, or copy any feature or design of the Services for that purpose.
• Resell, sublicense, rent, or otherwise provide access to the Services to any third party.
• Upload or transmit malicious code, or take any action that imposes an unreasonable load on the Services or interferes with their operation or with any other user.
• Upload or transmit content that is unlawful, infringing, deceptive, or that you do not have the right to provide.
• Misrepresent your identity or affiliation, or use the Services to impersonate any person or organization.

5.Messaging

Use of the platform to contact others

Use of the platform to place calls or send messages is governed by the written agreement between LeadRefinery and the organization on whose behalf those communications are made. That agreement allocates responsibility for consent, do-not-call obligations, campaign content, and related legal compliance. Nothing in these Terms grants any right to use the platform to contact anyone outside the scope of such an agreement.

Account verification messages

Separately from the above, LeadRefinery operates an account verification text messaging program for holders of a LeadRefinery account. Under that program we send one-time passcodes by text message to confirm that a mobile telephone number belongs to the account holder who submitted it. That program is governed by our SMS Terms of Service.

Consent to receive those messages is optional. It is not a condition of purchase, it is not a condition of creating or using the Services, and it is given separately from acceptance of these Terms. Nothing in these Terms constitutes consent to receive text messages.

6.Our Intellectual Property

The Services — including all software, models, algorithms, know-how, text, graphics, design, and documentation — are owned by LeadRefinery or our licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your organization’s internal business purposes, subject to these Terms and any applicable written agreement. All rights not expressly granted are reserved.

You may not use our name, logo, or marks without our prior written permission.

7.Feedback

If you send us suggestions, ideas, or feedback about the Services, we may use them without restriction, obligation, or compensation to you.

8.Third-Party Links and Services

The Services may link to or interoperate with websites, applications, or services we do not control. We are not responsible for their content, practices, or availability, and their inclusion does not imply endorsement. Your use of them is governed by their own terms and privacy policies.

9.Availability, Changes, and Suspension

We may modify, update, suspend, or discontinue all or part of the Services at any time. We do not guarantee that the Services will be available, uninterrupted, timely, secure, or error-free, and maintenance, updates, or events beyond our control may affect availability. Where a written agreement specifies service commitments, that agreement controls.

We may suspend or terminate your access to the Services if we reasonably believe you have violated these Terms or that suspension is necessary to protect the Services, other users, or to comply with law.

10.Disclaimers

The Services are provided “as is” and “as available.” To the maximum extent permitted by law, LeadRefinery disclaims all warranties, express, implied, or statutory, including merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade.

Without limiting the foregoing, LeadRefinery does not warrant that your use of the Services will comply with applicable law, or that the Services will produce any particular result, outcome, or level of performance.

LeadRefinery is not your attorney and provides no legal advice. Any compliance features of the Services are operational tools, not a substitute for your own legal determinations and counsel.

11.Limitation of Liability

To the maximum extent permitted by law, LeadRefinery will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, business, or data, however caused and regardless of theory, arising out of or relating to these Terms or the Services.

LeadRefinery’s total aggregate liability arising out of or relating to these Terms or the Services will not exceed one hundred U.S. dollars ($100).

If your organization has a written agreement with LeadRefinery, the limitation of liability in that agreement applies in place of this Section as between LeadRefinery and your organization.

Some jurisdictions do not allow certain limitations, so parts of this Section may not apply to you. The limitations in this Section apply notwithstanding the failure of essential purpose of any limited remedy.

12.Indemnification

You will defend, indemnify, and hold harmless LeadRefinery and its affiliates, and their respective members, managers, officers, employees, and agents, from and against any third-party claims and resulting losses, damages, liabilities, settlements, and reasonable attorneys’ fees arising out of or relating to your use of the Services in violation of these Terms or applicable law.

This obligation is in addition to, and does not limit or replace, any indemnity in a written agreement between LeadRefinery and your organization; where such an agreement applies, its indemnification provisions control as between LeadRefinery and your organization.

13.Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles. The parties submit to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida.

Any dispute arising out of or relating to these Terms or the Services that is not resolved informally within thirty (30) days will be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Miami-Dade County, Florida. Judgment on the award may be entered in any court of competent jurisdiction.

Each party waives any right to a jury trial and any right to bring or participate in any class, collective, or representative proceeding. Disputes will be arbitrated only on an individual basis.

Either party may seek injunctive or other equitable relief in the courts identified above to protect its intellectual property or confidential information pending arbitration.

If your organization has a written agreement with LeadRefinery containing a dispute resolution provision, that provision controls as between LeadRefinery and your organization.

14.Changes to These Terms

We may update these Terms from time to time. We will post the updated version here and revise the “Last updated” date above. If we make material changes, we will provide additional notice where required. Your continued use of the Services after an update means you accept the revised Terms. Changes to these Terms do not modify any written agreement between LeadRefinery and your organization.

15.General

• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Severability. If any provision is held unenforceable, the remainder continues in effect and the provision is reformed to the minimum extent necessary.
• Waiver. No failure or delay in exercising a right waives it, and no waiver of one breach waives any other.
• Survival. Sections 2, 6, 7, 10, 11, 12, 13, and 15 survive any termination of your access to the Services.
• Understanding between us. These Terms, together with our Privacy Policy and our SMS Terms of Service, govern your use of the Services — except that where a written agreement between LeadRefinery and your organization applies, that agreement governs as provided in Section 2.

16.Contact Us