Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and Leadspresso LLC, a Florida limited liability company (“Leadspresso,” “we,” “us,” or “our”), governing your access to and use of the Leadspresso platform and services.

By creating an account, subscribing to a plan, or using any part of our platform, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. Where applicable, our Data Processing Agreement is incorporated into these Terms by reference. If you do not agree, do not use the platform.

You must be at least 18 years old and authorized to enter into binding contracts on behalf of yourself or the business you represent to use this platform.

2. Description of Services

Leadspresso provides an AI-powered lead generation and growth platform for service businesses, including:

• Creation and ongoing management of Google Ads and Meta (Facebook & Instagram) advertising campaigns
• AI-generated ad copy, creative, and landing pages
• Google Business Profile setup and management
• Call tracking via dedicated phone numbers, with automated consent disclosure on recorded calls
• Lead attribution from inbound calls and landing page form submissions
• Weekly performance reports, lead notifications, and review alerts via email and SMS to your registered Client mobile number

The specific features available to you depend on your subscription plan (Launch, Growth, or Scale). Feature details are described on our pricing page and may be updated from time to time.

Your ad budget is separate from your subscription fee. Leadspresso manages how your advertising budget is used, but Google and Meta charge the ad budget directly to your connected ad accounts. Leadspresso does not collect, hold, or invoice for that ad budget on your behalf.

Monthly ad budget supported by plan. Launch supports up to $3,000 per month in ad budget, Growth supports up to $6,000 per month, and Scale supports up to $12,000 per month. If you need more campaigns or a larger monthly ad budget, we will recommend the next plan before anything changes. No overage fees are charged.

Leadspresso SMS notifications. If you opt in to SMS alerts, Leadspresso may send transactional text messages to your registered Client mobile number about your Leadspresso account, including new lead alerts, weekly performance summaries, and review alerts. Message frequency varies based on account activity, typically 0-10 messages per week. Message and data rates may apply. Reply HELP for help or email support@leadspresso.com. Reply STOP to opt out. SMS consent is optional and is not required to purchase or use Leadspresso. Carriers are not liable for delayed or undelivered messages. See our Privacy Policy for how we handle SMS consent records and registered Client mobile numbers.

Leadspresso does not send SMS to your end customers on your behalf under this account-holder notification program. Customer-facing SMS features, including missed-call text-back and review-request texts, require separate consent and a separate approved messaging campaign before use. If you configure features that capture mobile numbers, you are solely responsible for obtaining TCPA-compliant prior express written consent before sending any marketing or promotional SMS to those individuals.

TCPA warranty. By using any Leadspresso feature that captures end-customer mobile numbers — including landing page forms and call tracking numbers — you represent and warrant that you have obtained, and will maintain, all consents required by the Telephone Consumer Protection Act (TCPA) and any applicable state equivalents for the collection and further use of those mobile numbers. This representation is a material condition of your access to the platform.

We recommend including clear TCPA-compliant consent language on any web form or landing page where you collect end-customer mobile numbers. An example of adequate consent language is: “By providing your phone number, you consent to be contacted by [Business Name] regarding your inquiry. Message and data rates may apply. You may opt out at any time by replying STOP.”You are solely responsible for the adequacy and legal sufficiency of any consent disclosure on your own pages. Use of call tracking and SMS features must also comply with Twilio's Acceptable Use Policy (available at twilio.com/legal/aup).

3. Account Registration & Security

You must provide accurate, complete, and current information when creating your account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You must promptly notify us at support@leadspresso.com if you suspect unauthorized access to your account. We are not liable for any loss resulting from unauthorized use of your account that occurs before you notify us.

One account per business. You may not share your account credentials with third parties or create accounts on behalf of others without their explicit authorization.

4. Subscriptions, Billing & Cancellation

Subscription Fees

Leadspresso offers monthly and annual subscription plans. Current pricing is listed on our pricing page. All fees are in U.S. dollars and are exclusive of any applicable taxes.

Billing

Subscriptions are billed in advance. Monthly plans are billed on the same calendar date each month. Annual plans are billed once per year at the time of purchase. Your payment method on file will be charged automatically at the start of each billing period.

Automatic Renewal

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW at the end of each billing period (monthly or annual, as you selected at checkout) at the then-current rate, and we will charge the payment method on file without further notice unless you cancel.

You can cancel at any time before the next billing period through your account billing settings (which open the Stripe Customer Portal) or by emailing support@leadspresso.com with the subject line CANCEL. The online cancellation method available in your account settings is at least as easy to use as enrollment.

California residents: in addition to the methods above, this paragraph satisfies the disclosure requirements of California Business and Professions Code Section 17602. You may cancel by emailing support@leadspresso.com with the subject line CANCEL, and you will receive an email acknowledgment within five (5) business days.

Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of your current billing period. You will retain access to the platform through the end of the period for which you have already paid.

Refunds

Subscription fees are non-refundable except where required by applicable law or at our sole discretion. If you believe a charge was made in error, contact us within thirty (30) days of the disputed charge at support@leadspresso.com.

Price Changes

We reserve the right to change our subscription prices. We will provide at least 30 days' notice of any price increase via email. Your continued use of the platform after a price change takes effect constitutes your acceptance of the new price.

Failed Payments

If a payment fails, we will notify you by email and Stripe will automatically retry the charge according to its standard dunning schedule. If payment is not resolved after Stripe's retry attempts are exhausted, we may suspend your account and pause your campaigns until payment is received. You can update your payment method at any time through your account billing settings.

5. Platform Connections & Your Ad Accounts

To deliver our services, you must connect your Google Ads and/or Meta advertising accounts via OAuth. By connecting your accounts, you authorize Leadspresso to create, modify, pause, and manage campaigns and related assets within those accounts on your behalf.

You remain the owner of your ad accounts and all associated data. You may revoke Leadspresso's access at any time through your Google or Meta account settings; doing so will prevent us from managing your campaigns but will not automatically cancel your Leadspresso subscription.

You are responsible for ensuring that your use of connected ad platforms complies with their respective terms of service, advertising policies, and applicable law. Leadspresso is not liable for any account suspensions, policy violations, or penalties imposed by Google, Meta, or other platforms.

Call Recording Consent

For call tracking, you authorize Leadspresso to play an automated consent disclosure (“This call may be recorded for quality and training purposes.”) at the start of each recorded call. The disclosure is played for every recorded call regardless of jurisdiction. You may not disable this disclosure.

You acknowledge that recording laws vary by jurisdiction. Two-party (all-party) consent states currently include Florida, California, Pennsylvania, Massachusetts, Illinois, Maryland, Montana, New Hampshire, and Washington (and arguably Connecticut and Oregon). You are responsible for any additional jurisdiction-specific notices, signage, or workflows required for your business beyond the automated disclosure.

Subprocessors

A current list of all subprocessors used to deliver the platform is in our Privacy Policy and at /subprocessors. We provide at least 30 days' advance notice before adding a new subprocessor that processes Client or Lead Data.

6. Acceptable Use

You agree not to use the Leadspresso platform to advertise or promote:

• Illegal products or services
• Adult content, gambling, or tobacco products
• Cannabis, CBD, kratom, or other controlled or scheduled substances
• Cryptocurrency, blockchain, web3, or NFT-related products and services
• Multi-level marketing (MLM), pyramid schemes, or get-rich-quick offers
• Payday lending, debt consolidation, or credit-repair services
• Weapons, ammunition, or explosives
• Counterfeit goods or intellectual property infringement
• Deceptive, misleading, or fraudulent business practices
• Any activity prohibited by Google Ads or Meta advertising policies

You also agree not to: attempt to reverse engineer or scrape the platform; use automated tools to access the platform outside of its intended interfaces; introduce malware or otherwise interfere with platform security; or use the platform in any way that violates applicable local, state, national, or international law.

Health Information & HIPAA

Leadspresso is not a HIPAA Covered Entity or Business Associate, and the platform is not designed to receive, store, or transmit Protected Health Information (PHI) as defined under the Health Insurance Portability and Accountability Act of 1996. You may not configure landing page forms, call tracking, or any other Leadspresso feature to collect PHI, including (without limitation) treatment-specific intake fields, diagnoses, prescription information, or insurance information. If you are a Covered Entity, Business Associate, or otherwise subject to HIPAA, you are solely responsible for ensuring that your use of the platform does not result in the creation, receipt, maintenance, or transmission of PHI through Leadspresso. Leadspresso will not enter into a Business Associate Agreement, and any data submitted in violation of this Section is collected at your sole risk and you indemnify us in full for any claim arising from such submission.

We reserve the right to suspend or terminate any account that violates these restrictions without prior notice or refund.

7. Content & Intellectual Property

Your Content

You retain all ownership rights to the business information, logos, images, and other materials you provide to Leadspresso. By submitting your content to the platform, you grant us a limited, non-exclusive license to use it solely to provide the services described in these Terms.

AI Outputs

To the extent permitted by law, Leadspresso assigns to you any rights it may have in the ad copy, landing page content, hero images, and other outputs generated by AI tools at your direction through the platform (“AI Outputs”). However, you acknowledge that under current U.S. copyright law (including Thaler v. Perlmutter, 687 F. Supp. 3d 140 (D.D.C. 2023)), purely AI-generated works without sufficient human authorship may not be eligible for copyright protection, and Leadspresso makes no representation that any AI Output is copyrightable, original, or non-infringing. AI Outputs are provided “AS IS.” You are solely responsible for reviewing each AI Output for accuracy, legal compliance, and suitability before publication or use in advertising, including verifying that the output does not infringe any third-party rights. The legal landscape for AI-generated works is evolving rapidly; Leadspresso will review and update this provision at least annually to reflect material changes in applicable law or Copyright Office guidance.

Our Platform

The Leadspresso platform, including its software, design, trademarks, and all other intellectual property, is owned by Leadspresso LLC and protected by applicable intellectual property laws. These Terms do not grant you any ownership rights in the platform. You may not copy, modify, distribute, or create derivative works from any part of our platform without our prior written consent.

Feedback

If you provide us with suggestions, ideas, feedback, or feature requests (“Feedback”), the Feedback is non-confidential, and you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, and incorporate the Feedback into our products and services without obligation or compensation to you.

8. Performance Disclaimer

Digital advertising results vary based on factors outside our control, including market competition, ad spend levels, industry, geographic area, seasonality, and the quality of your business offering. Leadspresso does not guarantee any specific number of leads, clicks, conversions, or revenue outcomes.

Our AI-generated campaigns are designed to maximize performance based on your business information and budget, but past performance is not indicative of future results. You acknowledge that digital advertising involves inherent risk and uncertainty.

9. Confidentiality

“Confidential Information” means non-public information disclosed by one party (“Disclosing Party”) to the other (“Receiving Party”) that is identified as confidential or that a reasonable person would understand to be confidential, including the platform's architecture, AI prompts, and pricing on Leadspresso's side, and the Client's business plans, customer data, and Lead Data on the Client's side.

The Receiving Party will (a) use Confidential Information only to perform under these Terms, (b) protect it with at least the same degree of care it uses for its own confidential information (and no less than reasonable care), and (c) not disclose it except to employees, contractors, and advisors with a need to know who are bound by confidentiality obligations no less protective than these.

This obligation survives termination for three (3) years, except that Confidential Information that is a trade secret remains protected for as long as it qualifies as a trade secret under applicable law. Standard exceptions apply for information that is publicly known, was independently developed without reference to the Disclosing Party's information, was rightfully received from a third party without restriction, or is required to be disclosed by law (with prior notice where lawful).

10. Limitation of Liability

To the maximum extent permitted by applicable law, Leadspresso LLC, its officers, members, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, lost data, or business interruption, arising out of or related to your use of the platform, even if we have been advised of the possibility of such damages.

Our total aggregate liability to you for any claim arising out of or related to these Terms or the platform shall not exceed the total subscription fees paid by you to Leadspresso in the twelve (12) months immediately preceding the event giving rise to the claim.

Carve-outs.The limitations in this Section do not apply to: (a) either party's indemnification obligations under Section 11; (b) either party's breach of confidentiality obligations under Section 9; (c) either party's infringement of the other's intellectual property rights; (d) the Client's payment obligations; (e) liability arising from gross negligence, willful misconduct, or fraud; or (f) any liability that cannot be limited under applicable law (including certain consumer-protection statutes and liability for personal injury or death).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

11. Indemnification

Your Indemnification

You agree to indemnify, defend, and hold harmless Leadspresso LLC and its officers, members, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the platform in violation of these Terms; (b) your violation of any applicable law or third-party right; (c) the content of your advertisements or landing pages; (d) your ad account policy violations with Google or Meta; (e) your submission of PHI through the platform in violation of Section 6; or (f) any claim, regulatory action, or judgment under the Telephone Consumer Protection Act (TCPA) or any state equivalent arising from mobile numbers or other contact information collected through Leadspresso-managed landing pages or tracking numbers, including any failure to obtain required prior express written consent.

Our Indemnification

Leadspresso will defend you against any third-party claim alleging that the Leadspresso platform, when used in compliance with these Terms, infringes a U.S. copyright, trademark, or trade secret of the third party, and will indemnify you against damages and costs (including reasonable attorneys' fees) finally awarded against you or agreed to in settlement.

Leadspresso has no obligation under this paragraph for claims arising from: (i) your modification of the platform or its outputs; (ii) combination of the platform with non-Leadspresso products or services; (iii) use of the platform after Leadspresso provides a non-infringing alternative; or (iv) AI Outputs (which are governed by Section 7).

Defense procedure

The indemnifying party's obligations are conditioned on the indemnified party (a) promptly notifying the indemnifying party in writing of the claim, (b) giving the indemnifying party sole control of the defense and settlement (provided that no settlement may impose a non-financial obligation or admission on the indemnified party without its consent), and (c) reasonably cooperating in the defense at the indemnifying party's expense.

12. Termination

Either party may terminate these Terms at any time. You may terminate by canceling your subscription and ceasing use of the platform. We may terminate or suspend your account immediately, without prior notice or liability, if you breach any provision of these Terms or if we determine in our sole discretion that your use of the platform poses a risk to us, our users, or third parties.

Data export. For thirty (30) days following termination of your subscription, you may request an export of your account data (including business information, lead records, call logs, and AI Outputs generated during your subscription). We will use commercially reasonable efforts to provide the export in a structured, common format within thirty (30) days of receiving your request. Requests must be sent to support@leadspresso.com.

Deletion. Upon termination, your right to use the platform ceases immediately. Account data will be deleted thirty (30) days after termination, and Lead Data (call logs, recordings, form submissions) twelve (12) months after termination, in each case as described in Section 5 of our Privacy Policy.

Survival. Sections 6 (post-termination restrictions only), 7, 8, 9, 10, 11, 13, 14, 15, and 17, together with any payment obligations accrued before termination, will survive termination of these Terms.

13. Force Majeure & Third-Party Service Disruption

Leadspresso is not liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, government action, labor disputes, internet or telecommunications failures, cyberattacks, or the suspension, termination, throttling, or modification of services by third-party platforms upon which Leadspresso depends (including Google, Meta, Stripe, Twilio, Supabase, Anthropic, OpenAI, Resend, and Vercel). If a third-party platform suspends or terminates Leadspresso's access in a manner that materially prevents us from delivering the platform, we will notify affected clients and may, at our option, suspend the affected portion of the platform without liability for the duration of the disruption.

14. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or the platform — including disputes about the existence, validity, or scope of this arbitration agreement — shall first be submitted to good-faith negotiation by contacting us at support@leadspresso.com. If the dispute is not resolved within thirty (30) days, it shall be submitted to binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, with proceedings conducted in Miami-Dade County, Florida. Each party will bear its own attorneys' fees and costs except as otherwise provided by the applicable rules or applicable law. The arbitrator — and not any federal, state, or local court — shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of it is void or voidable.

Class action waiver. You agree to resolve any disputes with Leadspresso on an individual basis and waive any right to participate in a class action lawsuit, class-wide arbitration, or representative action. The class action waiver is an essential term of these Terms, without which Leadspresso would not have entered into them.

Severability of class waiver.If the class action waiver above is found to be unenforceable in any case, then (a) the entire arbitration provision in this Section will be null and void in that case, but the remainder of these Terms will remain in effect, and (b) any claim affected by the waiver's unenforceability shall be brought in the state or federal courts located in Miami-Dade County, Florida, and you and Leadspresso each consent to the exclusive jurisdiction and venue of those courts.

Batch arbitration.If twenty-five (25) or more similar demands for arbitration are filed against Leadspresso involving similar legal claims, the demands shall be administered in batches of up to fifty (50) demands at a time. The AAA will select five (5) bellwether claims from each batch to be arbitrated first; the parties will use good-faith efforts, with the AAA's assistance, to globally resolve any remaining claims in the batch based on the bellwether outcomes before proceeding to arbitrate further individual claims. AAA filing fees for batched claims will be calculated by reference to a single batch rather than per individual claim. The parties shall cooperate with the AAA in implementing this procedure. This batching procedure is an essential term of this Section; if any court finds it unenforceable, the parties may pursue claims in court on an individual basis subject to all other limitations of these Terms.

Right to opt out of arbitration. You may opt out of this arbitration agreement by mailing written notice of your decision to opt out to Leadspresso LLC, c/o Northwest Registered Agent, 7901 4th St N, Suite 300, St. Petersburg, FL 33702, within 30 days after first becoming subject to these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out of arbitration. Opting out has no other effect on these Terms.

Small claims. Notwithstanding the foregoing, either party may bring an individual action in small claims court for any dispute within the jurisdictional limits of that court.

Re-opt-out on material changes.If we make a material change to this arbitration provision, we will provide at least thirty (30) days' advance notice by email and a fresh thirty (30)-day window to opt out of the updated arbitration provision using the same procedure described above. This right applies regardless of whether you previously opted out of an earlier version.

15. Disclaimers

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER 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 PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Beta features.Features designated “beta,” “preview,” or “early access” are provided as-is, may be discontinued or modified without notice, and are excluded from any service-level commitments. You use beta features at your own risk.

Uptime target. We target 99.5% monthly uptime for the core platform (dashboard, campaign management, and lead tracking), but this target is not a binding commitment and carries no service-level credits. The target excludes scheduled maintenance windows, third-party platform outages (Google, Meta, Stripe, Twilio, Supabase, Vercel), and circumstances described in Section 13 (Force Majeure).

16. Changes to These Terms

We reserve the right to modify these Terms at any time. For material changes, we will provide at least 14 days' notice via email or a prominent notice within the platform before the new terms take effect. Your continued use of the platform after the effective date of any updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must cancel your subscription before the effective date.

17. Miscellaneous

These Terms, together with our Privacy Policy and (where executed) our Data Processing Agreement, constitute the entire agreement between you and Leadspresso regarding the platform and supersede all prior agreements. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction, including in connection with a merger, acquisition, or sale of assets.

18. Contact Us

Questions about these Terms? Contact us at:

Leadspresso LLC
Principal place of business: Miami, Florida
Registered agent: c/o Northwest Registered Agent
7901 4th St N, Suite 300
St. Petersburg, FL 33702, United States
support@leadspresso.com