TERMS OF USE

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and LeadConverse ("Company," "we," "us," or "our") governing your access to and use of our website at www.leadconverse.com and all related services (collectively, the "Services").

By accessing our website, booking a consultation, or engaging our services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use our website or services.

We reserve the right to update these Terms at any time. Continued use of our Services after changes are posted constitutes acceptance of the revised Terms.

2. Description of Services

LeadConverse provides digital marketing and business growth services to local businesses across Canada, the United States, and North America, including:

•        Web presence and website design, hosting, and maintenance

•        Paid advertising management (Facebook, Instagram, Google Ads)

•        Lead generation and lead nurture automation

•        Missed call text-back and SMS/email follow-up automation

•        Sales pipeline setup and management tools

•        Strategy consulting and campaign reporting

Specific services, deliverables, timelines, and fees will be outlined in a separate Service Agreement or Statement of Work entered into between the Company and the Client.

3. Eligibility

You must be at least 18 years of age and have the legal authority to enter into a binding contract on behalf of yourself or any business you represent. By using our Services, you represent and warrant that you meet these requirements.

4. Client Responsibilities

As a client, you agree to:

•        Provide accurate, current, and complete information as reasonably required to deliver the Services

•        Grant us necessary access to your advertising accounts, website, and relevant platforms to perform the agreed services

•        Fund your advertising accounts directly with the applicable platform (Facebook, Google, etc.) — ad spend is separate from our service fees

•        Review and approve creative materials, copy, and campaign strategies in a timely manner

•        Comply with the advertising policies of all applicable platforms and applicable law

•        Ensure that all products, services, and business practices promoted through our campaigns are lawful and comply with relevant regulations

•        Notify us promptly of any changes to your business that may affect campaign performance or strategy

5. Fees, Payment & Billing

5.1 Service Fees

Our service fees are outlined in the applicable Service Agreement. Fees are billed on a monthly basis unless otherwise agreed in writing. All fees are exclusive of applicable taxes (including GST/HST/PST in Canada and applicable sales tax in US states).

5.2 Advertising Spend

Advertising spend (the budget allocated to run ads on Facebook, Google, or other platforms) is separate from our management fees. Clients fund their own advertising accounts directly with the relevant platform. LeadConverse does not hold or manage client ad funds.

5.3 Late Payments

Invoices are due within the timeframe specified in your Service Agreement. Late payments may result in suspension of services. We reserve the right to charge interest on overdue balances at the rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower.

5.4 Refund Policy

All fees paid for services rendered are non-refundable unless otherwise specified in writing. If you cancel services before the end of a billing period, no refund will be issued for the unused portion of that period.

6. Term and Termination

6.1 Term

Services commence on the date specified in the applicable Service Agreement and continue on a month-to-month basis unless a fixed term is agreed in writing.

6.2 Termination by Client

You may terminate services by providing written notice in accordance with the notice period specified in your Service Agreement (typically 30 days). You remain responsible for all fees accrued up to and including the termination date.

6.3 Termination by Company

We may suspend or terminate services immediately if you breach these Terms or your Service Agreement, fail to make payment, or engage in conduct that we reasonably determine to be harmful to our business, reputation, or other clients. We may also terminate services with reasonable notice for any other reason.

6.4 Effect of Termination

Upon termination, we will cease all active campaigns and return any materials or access credentials you provided. Any outstanding fees remain payable. Sections relating to intellectual property, limitation of liability, indemnification, and governing law survive termination.

7. Intellectual Property

7.1 Our Materials

All content, materials, templates, methodologies, tools, and deliverables created by LeadConverse — including website designs, ad creatives, copy, and campaign structures — are the intellectual property of LeadConverse unless otherwise agreed in writing. Upon full payment of all fees, we grant you a non-exclusive, non-transferable licence to use deliverables for your business purposes.

7.2 Your Materials

You retain ownership of all materials, content, logos, trademarks, and information you provide to us. By providing us with such materials, you grant LeadConverse a non-exclusive licence to use them solely for the purpose of delivering the agreed services.

7.3 Portfolio Use

Unless you instruct us otherwise in writing, we reserve the right to reference your business name and display examples of work completed for you in our portfolio, case studies, and marketing materials.

8. Confidentiality

Each party agrees to keep confidential all non-public information received from the other party in connection with the Services, and not to disclose such information to third parties without prior written consent, except as required by law. This obligation survives termination of the engagement.

9. Compliance with Advertising Laws

You are solely responsible for ensuring that your business, products, services, and any claims made in advertising materials comply with all applicable laws and regulations, including:

•        The Competition Act (Canada) and applicable provincial consumer protection laws

•        The US Federal Trade Commission (FTC) guidelines and regulations

•        CASL (Canada's Anti-Spam Legislation) for email and SMS marketing

•        The US CAN-SPAM Act and TCPA (Telephone Consumer Protection Act) for US contacts

•        Facebook Advertising Policies, Google Ads Policies, and policies of any other advertising platform used

LeadConverse is not liable for any penalties, fines, or claims arising from your failure to comply with applicable advertising or marketing laws.

10. Representations and Warranties

You represent and warrant that:

•        You have the full legal authority to enter into these Terms and any related Service Agreement

•        All information you provide to us is accurate and complete

•        Your business, products, and services are lawful in the jurisdictions in which you operate

•        You own or have proper rights to all materials you provide to us for use in your campaigns

•        Your use of our Services will not violate any applicable law or third-party rights

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEADCONVERSE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO LEADCONVERSE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability, so some of the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless LeadConverse, its officers, directors, employees, agents, and service providers from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

•        Your use of the Services

•        Your breach of these Terms or any Service Agreement

•        Your violation of any applicable law or third-party rights

•        Any content, materials, or information you provide to us

•        Any claims relating to your advertising campaigns, products, or services

13. Disclaimer of Warranties

OUR SERVICES ARE 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, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY PARTICULAR RESULTS (INCLUDING LEADS, REVENUE, OR ROI) WILL BE ACHIEVED.

Marketing results depend on many factors outside of our control, including market conditions, your industry, your offer, your sales process, and the quality of your products or services. We do not guarantee specific outcomes from our campaigns.

14. Third-Party Platforms

Our services involve use of third-party platforms including Facebook, Instagram, Google, and others. We are not responsible for changes to platform policies, algorithm updates, account suspensions, or any actions taken by third-party platforms that may affect your campaigns. We will make reasonable efforts to manage any such issues but cannot be held liable for platform decisions outside of our control.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.

15.2 Dispute Resolution

The parties agree to attempt to resolve any dispute informally by providing written notice of the issue and engaging in good-faith negotiations for a period of 30 days. If the dispute is not resolved informally, either party may pursue resolution through binding arbitration or litigation in the courts of Ontario, Canada.

15.3 US Clients

For clients located in the United States, nothing in these Terms limits any rights you may have under applicable US federal or state consumer protection laws.

16. Entire Agreement

These Terms, together with any applicable Service Agreement or Statement of Work, constitute the entire agreement between you and LeadConverse with respect to the subject matter herein and supersede all prior agreements, representations, and understandings.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

18. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

19. Contact Information

For any questions regarding these Terms of Use, please contact us:

LeadConverse

Email: [email protected]

Website: www.leadconverse.com