Terms of Service

last updated Feb 3, 2025

These Terms of Service (the "Terms") constitute a legally binding agreement between you and Leadmagnetar, Inc. ("Leadmagnetar," "we," "us," or "our"), concerning your access to and use of the Leadmagnetar AI-powered chatbot platform (the "Platform" or "Service").

Your access to and use of the Platform is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Platform. By accessing or using the Platform you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to use the Platform.

1. Description of Service

Leadmagnetar provides a Software-as-a-Service platform that enables users to create, deploy, and manage AI-powered chatbots for lead magnets and other marketing purposes. The Service includes tools for uploading documents, configuring chatbot behavior, and managing chatbot interactions with visitors.

2. Account Creation and Security

To use our Service, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must be at least 18 years of age to use our Service. You represent and warrant that all information you provide is accurate, complete, and current. You agree to update your information promptly in the event of any changes.

You are responsible for maintaining the security of your account. You must notify us immediately of any unauthorized access or suspected breach of security. We are not liable for any losses or damages resulting from your failure to maintain account security.

3. Acceptable Use

You agree to use our Service only for lawful purposes and in accordance with these Terms. You agree not to:

(a) Use the Service in any way that violates any applicable federal, state, local, or international law or regulation;
(b) Upload content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable;
(c) Infringe upon the intellectual property rights of others;
(d) Attempt to gain unauthorized access to any portion of the Service or any other systems or networks connected to the Service;
(e) Use the Service to transmit any computer viruses, malware, or other harmful code;
(f) Use automated means to access the Service without our express written permission;
(g) Reverse engineer, decompile, or disassemble any portion of the Service.

4. Content Ownership and License

You retain all rights to the content you upload to the Platform ("Your Content"). By uploading Your Content, you grant Leadmagnetar a worldwide, non-exclusive, royalty-free license to use, reproduce, process, and display Your Content solely for the purpose of providing the Service to you.

You represent and warrant that you own or have the necessary rights to all content you upload, and that Your Content does not violate any third-party rights, including intellectual property rights and privacy rights.

We reserve the right to remove any content that violates these Terms or applicable law, with or without notice.

5. Payment Terms

Our Service operates on a pay-per-call model. You agree to pay $0.99 USD for each call booked through your chatbots. Payment is processed automatically through our third-party payment processor.

All fees are non-refundable except as required by law. We reserve the right to change our pricing at any time with prior notice. Continued use of the Service after price changes constitutes acceptance of the new pricing.

You are responsible for providing accurate payment information and keeping your payment method current. If payment cannot be processed, we may suspend or terminate your account.

6. Intellectual Property

The Platform, including its original content, features, functionality, and technology, is owned by Leadmagnetar and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not modify, adapt, reproduce, distribute, create derivative works from, publicly display, or exploit any part of the Service without our express written permission.

7. Termination

You may terminate your account at any time by contacting us or through your account settings.

We may suspend or terminate your account immediately, without prior notice, for any reason, including but not limited to your breach of these Terms, your illegal or fraudulent use of the Service, or any activity that could expose us to legal liability.

Upon termination, your right to access and use the Service will immediately cease. All provisions of these Terms that by their nature should survive will survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. Disclaimers and Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Service is free of viruses or other harmful components. Your use of the Service is at your own risk.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEADMAGNETAR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification

You agree to defend, indemnify, and hold harmless Leadmagnetar, its officers, directors, employees, agents, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from your use of the Service, your violation of these Terms, your violation of any third-party rights, or any content you upload to the Service.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.

Any disputes arising from or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If we make material changes, we will provide notice by email or through the Platform.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

13. Miscellaneous

These Terms constitute the entire agreement between you and Leadmagnetar regarding the Service and supersede all prior agreements. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. These Terms do not create any agency, partnership, or employment relationship between you and Leadmagnetar.

14. Contact Information

If you have any questions about these Terms, please contact us at support@leadmagnetar.com.