Terms & Conditions

1. Acceptance of Terms

These Terms & Conditions ("Terms") form a binding agreement between you ("User," "you," or "your") and Lead Hero, Inc ("Lead Hero," "we," "us," or "our"). By creating an account, accessing, or using the Lead Hero platform (the "Service"), you agree to be bound by these Terms. If you are using the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity. If you do not agree to these Terms, you may not access or use the Service.

2. Service Description

Lead Hero provides a platform that allows users to receive, manage, and communicate with leads, including through call handling, SMS messaging, and related notification and integration services. Lead Hero is a communications tool. We do not originate, approve, review, or endorse the content of any message, call, or communication you send using the Service, and we do not control who you choose to contact.

3. Account Registration & Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service. You agree to provide accurate, current, and complete information when creating an account, to keep that information up to date, and to maintain the confidentiality and security of your account credentials. You are responsible for all activity that occurs under your account, whether or not authorized by you, and must notify us immediately of any unauthorized use.

4. Your Responsibility for Your Communications

You are solely and fully responsible for every call, text message, email, and other communication you send, place, or cause to be sent or placed through the Service, and for the content, timing, frequency, and recipients of those communications. Lead Hero acts only as a platform and communications conduit. You, and not Lead Hero, bear all legal responsibility and liability arising from your use of the Service to communicate with any person.

This includes, without limitation, responsibility for:

• Obtaining and maintaining any consent required by law before contacting a lead or other individual;
• The truthfulness, legality, and appropriateness of the content of your communications;
• Verifying that the recipient has not opted out, requested no further contact, or asked to be placed on an internal do-not-contact list; and
• Any harm, loss, complaint, regulatory action, or legal claim arising from a communication you sent using the Service.

5. Acceptable Use & Legal Compliance

You agree to use the Service only for lawful, legitimate business purposes, to treat every person you contact through the Service with respect, and to comply with all applicable federal, state, and local laws and regulations, including the Telephone Consumer Protection Act (TCPA), federal and state Do Not Call rules, the CAN-SPAM Act, and CTIA messaging guidelines. You represent and warrant that you have, and will maintain throughout your use of the Service, all consents, permissions, and legal bases required to contact each person in your lead lists through the channel (call, SMS, or otherwise) you use to contact them.

The full set of prohibited activities, do-not-call and consent requirements, and messaging compliance rules is set out in our Acceptable Use Policy, which is incorporated into these Terms by reference. In the event of a conflict between this Section 5 and the Acceptable Use Policy, the more restrictive provision applies. A violation of the Acceptable Use Policy is a violation of these Terms, and Lead Hero reserves the right, but has no obligation, to monitor use of the Service for compliance with both.

6. Voicemail Drops & Prerecorded Messages

The Service may include features that deliver a prerecorded audio message directly to a recipient's voicemail box ("voicemail drops") or that place calls playing a prerecorded or artificial voice message. If you use these features, you represent and warrant that you have obtained all consent required under the TCPA and applicable state law before sending a prerecorded message or voicemail drop to any recipient, that your messages identify your business and provide a way for the recipient to opt out, and that you will honor opt-out requests promptly. You are solely responsible for the content and delivery of any voicemail drop or prerecorded message sent through the Service. The specific requirements for these features are set out in our Acceptable Use Policy, which is incorporated into these Terms by reference.

7. SMS Terms of Service

By opting into SMS notifications, you agree to receive messages from Lead Hero, Inc regarding account activity, including new lead alerts.

Message frequency varies.

Message and data rates may apply.

You may opt out at any time by replying STOP to any message. For help, reply HELP.

Consent to receive SMS messages is not a condition of purchase.

If you use the Service to send SMS or MMS messages to your own leads or contacts, you are independently responsible, as the message sender, for obtaining proper consent from each recipient, honoring opt-out requests (including STOP requests) sent to you or through the Service, and otherwise complying with our Acceptable Use Policy and the TCPA and CTIA guidelines described in Section 5 above.

8. Suspension & Termination

We may suspend or terminate your access to the Service, immediately and without prior notice, if we reasonably believe you have violated these Terms, engaged in prohibited conduct under Section 5, or exposed Lead Hero or any third party to legal or regulatory risk. We may also suspend or terminate the Service for maintenance, non-payment, or any other reason with notice where practicable. Termination does not relieve you of any liability or payment obligation incurred prior to termination.

9. Indemnification

You agree to indemnify, defend, and hold harmless Lead Hero, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) any communication you send, place, or cause to be sent or placed through the Service; (c) your violation of these Terms; or (d) your violation of any law, regulation, or the rights of any third party.

10. Disclaimer of Warranties

We work hard to keep Lead Hero fast, reliable, and secure, and we're always improving the Service. That said, we can't promise perfection: the Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Service will be uninterrupted, error-free, or secure, or that any message or call will be successfully delivered.

If something isn't working right, we want to know, and we'll do our best to fix it quickly. Reach out to [email protected] any time you run into an issue or have a question about the Service.

11. Limitation of Liability

Lead Hero is not liable for delays or failures in message or call delivery. To the maximum extent permitted by law, Lead Hero and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Service, including any liability arising from communications you send or place through the Service. Lead Hero's total aggregate liability for any claim arising out of or related to these Terms or the Service will not exceed the amount you paid to Lead Hero in the twelve (12) months preceding the event giving rise to the claim.

12. Modifications to These Terms

We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date above and, where appropriate, provide additional notice. Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms.

13. Governing Law

These Terms are governed by the laws of the United States and the state in which Lead Hero, Inc is organized, without regard to conflict-of-laws principles, unless otherwise required by applicable law.

14. Contact

For support, contact [email protected].