TERMS OF SERVICE AND CONDITIONS
Last Updated: September 7, 2026
Agreement to These Terms
These Terms and Conditions ("Terms") are a legally binding agreement between you, whether acting personally or on behalf of a business or other organization ("Client," "you," or "your"), and Lead Harvest LLC, publicly known as The Lead Harvest ("we," "us," or "our").
We operate https://theleadharvest.com (the "Site") and provide related websites, software access, customer relationship management tools, reputation management, customer re-engagement and retargeting, loyalty and rewards program services, communications automation, artificial intelligence, consulting, implementation, and managed services (collectively, the "Services").
By accessing the Site, creating an account, signing an order form, paying an invoice, or using any Service, you acknowledge that you have read, understood, and agreed to these Terms. If you do not agree, do not access or use the Services.
An order form, proposal, statement of work, service agreement, data processing addendum, acceptable-use policy, or other written agreement accepted by both parties may contain additional terms. If there is a conflict, the following order of priority applies: (1) a signed order form or service agreement; (2) a signed statement of work or addendum; (3) these Terms; and (4) policies posted on the Site. A data processing addendum controls over conflicting provisions concerning personal information processing to the extent stated in that addendum. A different subscription commitment or service guarantee applies only if expressly accepted by both parties in writing.
Business accounts and purchases of Services are intended for persons who are at least 18 years old and are primarily offered for business use. Loyalty Program participation is subject to Section 9 and the applicable merchant’s program rules. These Terms govern our relationship with Client; they do not replace the rules that Client provides to its Participants.
Table of Contents
1. Definitions
2. Services And Scope
3. Accounts And Authorized Users
4. Client Responsibilities
5. Customer Data And Privacy
6. Messaging, Calls, And Consent
7. Review And Reputation Services
8. Customer Re-Engagement, Retargeting, And Advertising
9. Loyalty And Rewards Services
10. Artificial Intelligence, Voice, Recording, And Transcription
11. Websites, Domains, Listings, And Integrations
12. Fees, Payment, Taxes, And Usage Charges
13. Subscriptions, Renewal, Cancellation, And Refunds
14. Intellectual Property
15. Client Materials, Feedback, And Publicity
16. Acceptable Use And Prohibited Activities
17. Third-Party Services
18. Security And Data Retention
19. Service Changes, Availability, And Support
20. No Guarantees And Disclaimers
21. Limitation Of Liability
22. Indemnification
23. Term, Suspension, And Termination
24. Dispute Resolution, Arbitration, And Class-Action Waiver
25. Governing Law And California Notices
26. Electronic Communications And Signatures
27. Changes To These Terms
28. General Provisions
29. Contact Information
1. Definitions
“Authorized User” means an employee, contractor, or representative whom Client authorizes to access the Services under Client’s account.
“Client Data” means information, content, contact records, customer lists, communications, recordings, files, credentials, Loyalty Program membership records, reward balances, qualifying activity, redemption and adjustment history, and other data submitted to or processed through the Services by or for Client.
“End Customer” means a customer, former customer, prospect, lead, caller, website visitor, Loyalty Program Participant, or other person whose information is processed through the Services on Client’s behalf.
“Order Form” means a proposal, checkout page, invoice, subscription selection, statement of work, or other document identifying purchased Services, pricing, usage limits, and applicable terms.
“Third-Party Service” means any product, platform, network, carrier, application, API, data source, or service not controlled by us, including HighLevel/LeadConnector, Stripe, Twilio or other communications carriers, Google, Meta, OpenAI, Cloudflare, domain registrars, hosting providers, social media platforms, loyalty software providers, point-of-sale systems, digital wallet providers, and notification services.
“Loyalty Program” means a customer loyalty, rewards, stamp, points, discount, or membership-benefit program that Client operates using the Services.
“Participant” means an End Customer who enrolls in or interacts with a Loyalty Program.
“Rewards” means the points, stamps, discounts, offers, benefits, or other incentives made available by Client under its Loyalty Program rules. This definition does not itself authorize purchased points, gift cards, stored value, or cash payouts.
2. Services And Scope
Depending on the applicable Order Form, Services may include:
CRM configuration, pipelines, contact management, forms, surveys, calendars, dashboards, reporting, and workflow automation.
Websites, landing pages, funnels, hosting coordination, domain and DNS assistance, forms, tracking, and conversion tools.
Review invitations by email, SMS, or other approved channels; review monitoring; review-response assistance; review widgets; and repurposing publicly available reviews into marketing content.
Google Business Profile and other business-listing assistance, including profile optimization, content, posts, photos, offers, review responses, monitoring, and reporting.
Customer re-engagement, win-back, promotional, seasonal, service-reminder, nurture, and retargeting campaigns.
Loyalty Program design assistance, setup, enrollment forms, digital cards or passes, points or stamp tracking, reward and redemption tracking, program communications, reporting, and ongoing administration, as included in the Order Form.
Email, SMS, telephone, voicemail, chat, social messaging, and supported digital wallet or push-notification automation.
Artificial-intelligence tools, including drafting, chat agents, voice agents, call summaries, review-response suggestions, classification, and workflow assistance.
Integrations, implementation, configuration, migration assistance, onboarding, support, consulting, and managed services.
The exact Services, deliverables, limits, implementation timeline, and responsibilities are determined by the applicable Order Form. Features not expressly included are outside scope and may require additional fees.
We may use subcontractors and Third-Party Services to perform portions of the Services.
3. Accounts And Authorized Users
Client must provide complete and accurate account information and keep it current. Client is responsible for safeguarding credentials, controlling Authorized Users, and all activity occurring through Client’s account.
Client must promptly notify us of suspected unauthorized access, compromised credentials, employee departures, or other security incidents. We may require multi-factor authentication or other reasonable security measures.
Client may not share access with unrelated businesses, resell access, or exceed licensed locations, users, contacts, telephone numbers, message volumes, or other limits except as authorized in writing.
4. Client Responsibilities
Client is solely responsible for its business operations, products, services, employees, End Customers, legal compliance, and decisions made using the Services. Client agrees to:
Provide accurate, lawful, current, and complete information, content, credentials, and instructions.
Obtain and maintain all permissions, licenses, notices, and consents needed for Client Data and communications.
Review and approve websites, messages, automations, AI prompts, offers, prices, claims, workflows, integrations, and Loyalty Program rules, earning rates, reward values, expiration settings, enrollment notices, and redemption procedures before launch.
Monitor active automations and promptly report errors, unwanted messages, incorrect bookings, unauthorized activity, or broken integrations.
Maintain valid access to connected accounts and promptly reconnect expired or revoked integrations.
Maintain its own records of consent, opt-outs, contractual relationships, transactions, communications, Loyalty Program approvals, and reward adjustments and redemptions where required.
Comply with all laws, platform policies, carrier rules, industry requirements, and professional obligations applicable to Client.
Avoid uploading highly sensitive information unless expressly authorized under a separate written agreement.
Our review, setup, templates, suggestions, or technical assistance do not constitute legal advice and do not transfer Client’s compliance obligations to us.
5. Customer Data And Privacy
As between the parties, Client retains ownership of Client Data. Client grants us and our service providers a limited, non-exclusive right to host, access, transmit, organize, modify, display, and otherwise process Client Data solely as reasonably necessary to provide, configure, secure, maintain, and support the Services under Client’s instructions; comply with law; and enforce these Terms, subject to applicable data protection restrictions. Improvements involving identifiable End Customer information must remain within those permitted purposes. We may use lawfully aggregated or de-identified information to improve the Services and prepare general performance analyses, provided it cannot reasonably identify Client or an individual, and we will not attempt to re-identify it except as permitted by law to verify de-identification.
When we process personal information solely on Client’s behalf, Client generally acts as the business or controller and we act as a service provider or processor. Client determines the lawful purpose and means of processing and is responsible for notices, consents, instructions, and responses to privacy requests.
Client represents and warrants that Client Data was obtained lawfully and that Client is authorized to provide it to us and our service providers. Client may not upload purchased, scraped, unlawfully obtained, or deceptively collected contact lists.
Our Privacy Policy, linked on the Site, describes our information practices and is incorporated into these Terms. Where required, the parties will enter into an appropriate data processing addendum before the affected processing begins. These Terms and the Privacy Policy do not substitute for mandatory data processing contract provisions.
We do not sell Client’s Participant information, use it to market unrelated businesses to Participants, or combine identifiable Participant records across unrelated clients for our own advertising. Client-directed integrations and disclosures remain subject to applicable law, notices, permissions, and contractual restrictions. Our service-provider role does not eliminate our own legal or contractual obligations.
6. Messaging, Calls, And Consent
The Services may send or facilitate email, SMS, MMS, telephone calls, voicemail, chat, supported push or digital wallet notifications, or other communications on Client’s behalf. Client authorizes us and applicable providers to transmit those communications according to Client’s configuration and instructions.
Client is solely responsible for determining whether a communication is transactional, informational, or marketing and for obtaining the level of consent required by applicable law. Client must comply with the Telephone Consumer Protection Act, CAN-SPAM Act, state telemarketing and privacy laws, carrier rules, registration requirements, quiet hours, do-not-call rules, and all other applicable requirements.
Client must not:
Send communications to persons who have not provided legally sufficient consent where consent is required.
Contact persons who have opted out, withdrawn consent, requested no further contact, or appear on an applicable suppression list.
Use misleading sender information, deceptive subject lines, false caller identification, or fraudulent content.
Send unlawful, abusive, harassing, discriminatory, threatening, deceptive, or excessive communications.
Attempt to evade carrier filtering, registration, identification, consent, or opt-out requirements.
Client must honor STOP, UNSUBSCRIBE, revocation, do-not-call, and similar requests promptly across all relevant systems. Automated suppression features are provided as assistance only; Client remains responsible for compliance and for preventing re-import or re-contact through another channel.
Message and data rates may apply. Delivery is not guaranteed. Carriers and providers may filter, delay, block, or reject communications.
Mobile opt-in information and text-message consent will not be sold or shared with third parties or affiliates for their own marketing or promotional purposes. It may be disclosed to communications providers and subcontractors only as necessary to provide messaging services.
Loyalty communications may include enrollment confirmations, balance updates, reward availability or expiration reminders, and promotional offers. Their legal classification depends on their content and circumstances. Enrollment, earning a Reward, or adding a digital card to a wallet does not by itself authorize every type of marketing communication. Client must obtain any separately required consent, identify the sending business, disclose applicable messaging terms, and preserve consent records.
Client must honor revocation according to its scope and applicable law and must not bypass an SMS opt-out by labeling further texts as administrative or transactional. Wallet and push settings do not replace applicable SMS or email consent requirements. A Participant’s marketing opt-out does not, by itself, authorize Client to cancel membership or forfeit earned Rewards.
7. Review And Reputation Services
Review-related Services are intended to request honest feedback from genuine customers and to help Client monitor and present its reputation. Client must comply with the policies of Google and all other review platforms.
Client may not use the Services to create, purchase, fabricate, incentivize, suppress, manipulate, or selectively solicit reviews in a manner prohibited by law or platform policy. Client must not submit reviews for itself, direct employees or contractors to impersonate customers, or condition compensation, discounts, gifts, contests, or benefits on positive or negative sentiment.
We do not guarantee the number, rating, content, visibility, permanence, indexing, or effect of any review. Platforms may remove, delay, reorder, restrict, or decline reviews at their discretion.
Review-response drafts and AI-generated responses must be reviewed by Client. Client is responsible for the accuracy, tone, confidentiality, and legal implications of published responses.
These restrictions apply equally to loyalty points, stamps, discounts, and other Rewards. Client must not offer a Reward for a review where the review platform prohibits incentives, condition a Reward on changing or removing an unfavorable review, or omit a required disclosure of an incentive or material connection.
8. Customer Re-Engagement, Retargeting, And Advertising
Services may help Client reconnect with prior customers, leads, website visitors, or prospects through email, SMS, calls, direct outreach, audience creation, advertising pixels, or advertising platforms.
Client is responsible for ensuring it has a lawful basis for each campaign and audience. Client must provide all required notices, obtain required consent, offer required opt-outs, and comply with advertising-platform terms.
We may assist with Google Analytics, Google Ads tags, Meta Pixel, conversion tracking, cookies, audience creation, and similar tools. Client is responsible for implementing an appropriate privacy policy, cookie notice, consent mechanism, and opt-out process where required.
Advertising results are not guaranteed. Platforms may reject ads, suspend accounts, alter targeting, change attribution, restrict data use, or discontinue features without notice.
Use of Loyalty Program activity for personalized offers, audience creation, or advertising must be consistent with the purposes disclosed to Participants and applicable consent and opt-out requirements. Enrollment is not blanket authorization for targeted advertising or sharing information with unrelated businesses.
9. Loyalty And Rewards Services
9.1. Scope and Roles
We provide technology, configuration, and any management services stated in the Order Form to support Client’s Loyalty Program. Unless expressly agreed otherwise in writing, Client is the program operator and Reward issuer and is responsible for selecting, funding, supplying, and honoring Rewards, setting program rules, and handling Participant questions and disputes. Our service fees do not fund Rewards, and we do not guarantee Client’s products, services, or fulfillment of its offers. We remain responsible for our own obligations under these Terms and applicable law.
9.2. Program Rules and Enrollment
Before enrollment, Client must make clear, accessible program rules and privacy notices available to Participants and obtain any required acceptance or consent. Rules must describe the sponsoring business, eligibility and age requirements, participating locations, qualifying purchases or activities, earning rates, available Rewards, redemption conditions, exclusions, any expiration or inactivity rules, treatment of returns and cancellations, transfer restrictions, program changes, withdrawal, and a contact for assistance. Client must approve program settings and notices before launch and keep them consistent with advertised offers and actual operation.
Business account holders must be at least 18. Client must not direct a Loyalty Program to children under 13 or knowingly submit their personal information through the Services. Participation by other minors must comply with applicable law, platform restrictions, Client’s disclosed eligibility rules, and any required parent or guardian authorization.
9.3. Reward Records, Corrections, and Misuse
Recorded balances depend on the accuracy of Client’s instructions, staff entries, transactions, and connected systems. Posting and redemption may be delayed or affected by outages, duplicate records, returns, canceled transactions, or other errors. Client must monitor records, promptly report discrepancies, and maintain supporting transaction information. Client may authorize documented corrections or reversals consistent with its disclosed rules and law, including adjustments for returns, duplicate credits, or verified misuse. Suspected fraud may justify temporary restrictions while investigated; adjustments must not be arbitrary or misleading. We will use commercially reasonable efforts to investigate reported technical discrepancies but do not guarantee recovery of records that are unavailable from a provider.
9.4. Digital Cards, Wallets, and Integrations
If included in the purchased Services, digital cards, passes, scanning, and notifications may rely on third-party loyalty platforms, Apple Wallet, Google Wallet, point-of-sale systems, devices, browsers, or other providers. Compatibility, delivery, continuing availability, transferability, and identical replacement functionality are not guaranteed. A provider change may require reconfiguration, new credentials, re-enrollment, or replacement cards. Removing a card from a device does not necessarily close the Participant’s merchant membership or delete program records. Client must provide a way for Participants to request assistance when automated tools are unavailable.
9.5. Program Changes and Outstanding Rewards
Client is responsible for lawful notice and treatment of earned Rewards when it changes, suspends, or ends a Loyalty Program. Client must not retroactively remove or reduce earned benefits in a manner contrary to its promises or applicable law. Ending or suspending our Services may stop earning, card updates, notifications, or electronic redemptions, but does not by itself cancel Client’s obligations to Participants. Client is responsible for communicating any alternative redemption process and resolving outstanding Rewards. Data export and transition assistance are addressed in Section 18; cancellation and discontinuation of our Services are addressed in Sections 13 and 23.
9.6. Additional Program Types and Compliance
Purchased points, prepaid balances, gift cards, cash payouts, pooled rewards across unrelated businesses, paid consumer memberships, prize drawings, and contests are not included unless expressly identified in an Order Form. Before enabling them, Client must establish the applicable funding, fulfillment, refund, disclosure, and compliance arrangements; an ordinary loyalty-point label does not override applicable law. Reward expiration, cash value, or transferability must be addressed in Client’s program rules according to the actual benefit and applicable law rather than assumed from these Terms.
Where applicable privacy law requires a Notice of Financial Incentive or similar notice, Client must provide the program-specific notice before opt-in, obtain required consent, offer withdrawal, and maintain required support for its valuation and benefit structure. A general Privacy Policy reference is not a substitute for that notice. Client must also comply with the communications and review restrictions in Sections 6 and 7.
10. Artificial Intelligence, Voice, Recording, And Transcription
The Services may use artificial intelligence to draft content, answer questions, classify information, summarize communications, operate chat or voice agents, schedule appointments, route calls, recommend actions, and automate workflows.
AI output may be inaccurate, incomplete, biased, outdated, or unsuitable. Client must supervise AI features, test them before deployment, review material outputs, and maintain human oversight for decisions involving safety, legal rights, pricing, diagnosis, employment, credit, healthcare, emergencies, or other high-impact matters.
Calls may be monitored, recorded, and transcribed. Client is responsible for providing legally required notices and obtaining legally required consent from callers and participants, including compliance with California’s all-parties consent requirements when applicable.
Client must not configure AI to impersonate a real person deceptively, make unlawful claims, provide regulated professional advice without authorization, fabricate reviews, conceal required disclosures, or make commitments Client cannot honor.
We may suspend an AI agent or automation that creates legal, safety, reputational, security, or platform risk.
11. Websites, Domains, Listings, And Integrations
Client is responsible for reviewing and approving website content, accessibility, claims, pricing, offers, disclaimers, policies, images, trademarks, and intellectual-property rights.
Unless an Order Form expressly states otherwise, Client is responsible for domain registration and renewal fees. Failure to maintain payment, ownership records, credentials, DNS access, or registrar access may cause downtime or loss of a domain.
Business listings, search rankings, indexing, map visibility, website traffic, conversion rates, and SEO results are controlled by third parties and market conditions and are not guaranteed.
Integrations may stop working because of expired credentials, API changes, outages, account restrictions, policy changes, or third-party decisions. We are not responsible for failures outside our reasonable control.
12. Fees, Payment, Taxes, And Usage Charges
Client agrees to pay all fees, setup charges, subscription charges, usage charges, pass-through costs, taxes, and other amounts stated in an Order Form or presented at checkout.
Payments may be processed through Stripe or another processor. Client authorizes recurring charges to the payment method on file for subscriptions, usage, overages, telephone numbers, email, SMS, AI, calls, domains, premium integrations, or other metered services.
Unless otherwise stated, fees are in U.S. dollars and due in advance. Usage-based charges may be billed in arrears or charged as incurred. Client is responsible for applicable sales, use, communications, excise, or similar taxes, excluding taxes based on our net income.
If payment fails or becomes overdue, we may retry the payment method, suspend Services, disable outbound communications, charge reasonable collection costs, or terminate access. Client remains responsible for accrued charges.
Client must notify us of a billing dispute within 30 days after the charge or invoice. Failure to provide timely written notice waives the dispute to the extent permitted by law.
Any loyalty-specific charges, including charges based on locations, Participants, cards, notifications, redemptions, or integrations, apply only as disclosed in the Order Form or otherwise accepted by Client. Reward fulfillment costs are Client’s responsibility and are separate from our subscription and usage charges. Additional paid migration or replacement work requires Client’s advance approval.
13. Subscriptions, Renewal, Cancellation, And Refunds
Unless a different term is expressly accepted by both parties in writing, Services are provided month to month and automatically renew monthly until canceled. There is no minimum commitment beyond the current monthly billing period and no early-termination fee for the standard month-to-month subscription.
Client may cancel at any time through an available account-cancellation function or by emailing [email protected] from the account owner’s verified email address. Cancellation requests received before renewal stop that renewal; there is no additional advance-notice period for the standard monthly plan. We may reasonably verify authority and will confirm the effective date. Our processing delay will not move a timely cancellation into another billing period.
Client may stop using the Services at any time. Cancellation normally takes effect at the end of the current paid billing period, and stopping use earlier does not itself create a prorated refund. Client remains responsible for approved usage and other accrued charges through the effective cancellation date. Client should separately cancel any services it purchased directly from third parties.
We may also end a month-to-month subscription for convenience, without alleging breach, by notifying Client before the next renewal, effective at the end of the current paid period. We may end Services earlier on notice, subject to the prepaid-fee treatment below and Section 23. Where practical, we will give reasonable advance notice so Client can arrange a transition. Immediate suspension or termination may apply in the circumstances described in Section 23.
Except as required by law, stated in an accepted Order Form, or provided below, setup fees, completed work, incurred usage charges, and nonrecoverable third-party charges are non-refundable. Client-initiated cancellation does not normally produce a refund for unused portions of a paid month.
If we discontinue a prepaid Service for convenience before the end of the paid period, and not for Client breach, we will refund the unused prepaid subscription amount attributable to the discontinued Service from its effective discontinuation date. If a third-party failure makes the core function of a purchased Service materially unavailable and we cannot offer a reasonably usable workaround or replacement, either party may end that affected Service on notice. In that case, we will stop future billing for it and refund its unused prepaid subscription amount from the date of termination. This does not require a guaranteed restoration time or an automatic credit for each temporary interruption. These refund rights apply despite any general disclaimer or exclusion elsewhere in these Terms and do not limit mandatory legal remedies.
For bundled Services, any affected subscription amount will be allocated reasonably and in good faith using the Order Form pricing or, if not separately priced, the relative scope of the discontinued Service. Refunds under this section exclude completed setup or other work, incurred usage, and nonrecoverable third-party charges. Unaffected Services remain subject to their applicable fees unless also canceled.
Any trial, promotional period, different commitment, or special refund right applies only if expressly accepted as part of the applicable Order Form. We may change future subscription prices by giving notice before the affected renewal and an opportunity to cancel before the change takes effect. We will not impose an undisclosed new recurring charge for a replacement provider without Client’s agreement. Mandatory taxes or charges required by law may take effect as legally required.
14. Intellectual Property
We and our licensors retain all right, title, and interest in the Services, software, workflows, templates, configurations, processes, documentation, training materials, designs, code, prompts, automations, know-how, trademarks, and other materials created or owned by us before or independently of Client’s engagement.
Subject to payment and compliance with these Terms, we grant Client a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the applicable subscription term to use the Services and included materials for Client’s internal business operations.
Client may not copy, distribute, resell, sublicense, reverse engineer, decompile, scrape, reproduce, publish, create a competing service from, or exploit our proprietary materials except as expressly permitted in writing.
Unless the Order Form states that ownership transfers, websites, templates, workflows, software configurations, automations, and reusable components remain licensed rather than sold. Client retains ownership of Client-provided logos, content, and data.
Upon full payment, Client may use final custom content specifically created for Client, subject to any third-party licenses and our retained rights in underlying tools, templates, methods, and reusable components.
15. Client Materials, Feedback, And Publicity
Client grants us a license to use Client-provided names, logos, images, text, recordings, reviews, credentials, and other materials solely to provide the Services and as otherwise authorized.
Client represents that it owns or has permission to use all materials it provides and that those materials do not infringe privacy, publicity, copyright, trademark, or other rights.
Feedback, suggestions, and ideas about the Services may be used by us without restriction or compensation, provided we do not identify Client or disclose confidential information without authorization.
Unless Client opts out in writing, Client permits us to identify Client as a customer and use Client’s business name, logo, publicly available reviews, non-confidential screenshots, testimonial statements, and aggregated or high-level results in case studies and marketing. Client may opt out of future use by emailing [email protected]
16. Acceptable Use And Prohibited Activities
Client and Authorized Users may not:
Use the Services for unlawful, fraudulent, deceptive, defamatory, discriminatory, harassing, threatening, exploitative, or harmful activity.
Transmit malware, phishing content, credential-stealing content, illegal content, or content that infringes another person’s rights.
Access another account without authorization or attempt to bypass security, permissions, usage limits, carrier rules, platform policies, or technical restrictions.
Scrape, harvest, purchase, or import contact information without a lawful basis.
Send spam, unlawful telemarketing, deceptive advertising, or communications that disregard consent or opt-outs.
Manipulate reviews, ratings, testimonials, caller identity, analytics, advertising attribution, or platform engagement.
Overload, probe, disrupt, reverse engineer, or interfere with the Services or connected systems.
Use the Services to develop or provide a competing white-label platform without written permission.
Use the Services in a way that creates unreasonable legal, security, operational, reputational, or financial risk.
We may investigate suspected violations and may restrict, suspend, or terminate access to protect users, End Customers, providers, platforms, or our business.
Client must not create fictitious loyalty activity, manipulate reward balances, redeem without authorization, misuse Participant identifiers, or use a Loyalty Program to evade consent, suppression, review-platform, or privacy requirements.
17. Third-Party Services
The Services depend on Third-Party Services that may have their own terms, privacy policies, fees, limits, and availability. Client authorizes us to connect and exchange data with providers as reasonably necessary to perform the purchased Services, subject to Section 5, the Privacy Policy, and any applicable data processing addendum. Client must comply with applicable third-party requirements disclosed to Client.
We do not control Third-Party Services. Providers may experience outages, restrict or suspend accounts, change APIs, fees or policies, withdraw access, or discontinue products for reasons outside our control. Subject to our own non-waivable obligations, we do not guarantee their continued availability, security, delivery, or functionality, and we are not responsible for failures outside our reasonable control.
We may add, replace, or discontinue a provider used to deliver the Services. We will use commercially reasonable efforts to address disruptions, which may include troubleshooting, contacting the provider, reconfiguration, workarounds, or considering other providers. We do not promise that an alternative exists, that features or historical data can be replicated or transferred, that restoration will occur by a particular date, or that we will incur unlimited expense or develop a custom replacement.
Provider changes may affect features, integrations, digital cards, workflows, and data formats. We will notify Client of material effects when reasonably practical and comply with any applicable subprocessor notice, authorization, or objection requirements. Switching providers does not expand our permitted uses of personal information. Any additional paid implementation or migration work requires advance agreement.
Client is responsible for maintaining required accounts, credentials, permissions, devices, and payments. A provider failure does not automatically entitle Client to a refund for unaffected Services. Cancellation and refunds for an affected Service are governed by Section 13. We remain responsible for our own contractual and legal duties when selecting, instructing, or using service providers.
18. Security And Data Retention
We use reasonable administrative, technical, and organizational safeguards designed to protect information. No system can guarantee complete security, uninterrupted availability, or prevention of all data loss.
Client is responsible for exporting or backing up important data and content. We are not a permanent archival or backup service.
We may retain information for as long as reasonably necessary to provide the Services, comply with law, maintain records, resolve disputes, prevent fraud, enforce agreements, or support account reactivation. Data may remain temporarily in backups and logs after deletion.
Client should export important information during the subscription and, where possible, before termination. On a request made before termination or within 30 days afterward, we will use commercially reasonable efforts to provide a standard export of Client Data still available to us, including available Participant records and reward balances and history. This request period is not a promise to retain every record for 30 days or to recover data already deleted or unavailable from a provider. Mandatory data access and return obligations remain unaffected.
We will provide reasonable notice of planned deletion of active Client Data where practical and offer an opportunity to request available records. Following termination, we may delete or anonymize Client Data in accordance with the Privacy Policy, applicable law, Client’s lawful instructions, and any data processing addendum. We do not guarantee indefinite storage, transferable cards, complete historical reconstruction, or compatibility with another platform. A standard export of available data does not require a new subscription; custom conversion, rebuilding, or migration work requires a separate agreement and may involve fees.
19. Service Changes, Availability, And Support
We may add, modify, replace, restrict, suspend, or discontinue features for security, compliance, provider changes, product development, or business reasons. Where reasonably practical, we will notify Client of a material reduction or discontinuation before it takes effect. Client may cancel under Section 13, and discontinuation before the end of a paid period is subject to that section’s refund provisions.
The Services are provided on an “as is” and “as available” basis. We do not guarantee continuous, uninterrupted, error-free, or permanent availability of any platform, integration, notification channel, digital card, or feature. Maintenance, provider outages, account restrictions, policy or API changes, internet failures, and other events may delay or prevent operation.
We will use commercially reasonable efforts to provide the purchased Services and investigate reported problems, taking into account the issue, available technical options, third-party cooperation, and the scope and fees of the engagement. Support does not include unlimited troubleshooting, custom development, replacement infrastructure, or migration work unless expressly included. No uptime percentage, response deadline, restoration deadline, or service-level credit applies unless expressly agreed in writing.
Support is available through [email protected] and any other channels stated in the Order Form. Estimated implementation and response times are estimates rather than guarantees and depend on Client cooperation and third parties. Sections 13 and 17 govern affected-Service cancellation, refunds, and provider substitution.
20. No Guarantees And Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RESULTS, AND UNINTERRUPTED AVAILABILITY.
WE DO NOT GUARANTEE LEADS, SALES, REVENUE, BOOKINGS, REVIEWS, REVIEW RATINGS, CUSTOMER RESPONSES, SEARCH RANKINGS, WEBSITE TRAFFIC, ADVERTISING PERFORMANCE, DELIVERABILITY, PLATFORM APPROVAL, A2P OR CARRIER APPROVAL, AI ACCURACY, LOYALTY ENROLLMENT, REPEAT PURCHASES, REWARD REDEMPTION RATES, OR ANY PARTICULAR BUSINESS OUTCOME.
ANY EXAMPLES, PROJECTIONS, ESTIMATES, CASE STUDIES, DEMONSTRATIONS, OR TESTIMONIALS ARE ILLUSTRATIVE AND ARE NOT PROMISES OF FUTURE PERFORMANCE.
WE DO NOT PROVIDE LEGAL, TAX, ACCOUNTING, MEDICAL, FINANCIAL, OR OTHER LICENSED PROFESSIONAL ADVICE.
THESE DISCLAIMERS DO NOT ELIMINATE OUR EXPRESS OBLIGATIONS UNDER THESE TERMS, INCLUDING APPLICABLE REFUNDS, OR LIABILITY OR RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED.
21. Limitation Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, SAVINGS, GOODWILL, BUSINESS OPPORTUNITIES, OR DATA; COST OF SUBSTITUTE SERVICES; OR DAMAGES ARISING FROM THIRD-PARTY SERVICES, END-CUSTOMER CONDUCT, PLATFORM ACTIONS, OR REGULATORY PENALTIES, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID TO US BY CLIENT FOR THE AFFECTED SERVICES DURING THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
THE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED. EACH LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
22. Indemnification
Client will defend, indemnify, and hold harmless Lead Harvest LLC and our contractors, service providers, representatives, and agents from claims, demands, investigations, actions, damages, judgments, penalties, fines, settlements, costs, and reasonable attorneys’ fees arising out of or relating to:
Client Data, Client materials, Client products or services, or Client’s relationship with an End Customer.
Client’s or an Authorized User’s use or misuse of the Services.
Communications sent, calls made, recordings created, advertising run, reviews requested, or content published at Client’s direction.
Lack of required notice, consent, authorization, permission, or lawful basis.
Violation of the TCPA, CAN-SPAM Act, privacy laws, telemarketing laws, call-recording laws, consumer-protection laws, platform policies, carrier rules, or intellectual-property rights.
Client’s breach of these Terms, an Order Form, or its representations and warranties.
We may control the defense of an indemnified matter with counsel of our choice, and Client will reasonably cooperate. Client may not settle a claim in a way that admits fault by us, imposes obligations on us, or restricts our rights without written consent.
The foregoing includes claims arising from Client’s Loyalty Program rules, advertised Rewards, failure to fund or honor Rewards, unauthorized balance changes, or unlawful enrollment practices. Client’s indemnification obligations do not apply to the extent a claim results from our own breach of these Terms, negligence, willful misconduct, or violation of law.
23. Term, Suspension, And Termination
These Terms remain effective while Client accesses or uses the Services. Each subscription is month to month unless otherwise expressly agreed in writing and renews and may be canceled as described in Section 13.
We may immediately suspend or restrict Services when reasonably necessary to address nonpayment, suspected fraud, unauthorized access, security risk, unlawful conduct, excessive complaints, consent failures, carrier or platform risk, abuse, or a breach of these Terms.
We may terminate for material breach if the breach is not cured within a reasonable period after notice, when cure is possible. We may terminate immediately for unlawful conduct, intentional abuse, security threats, repeated consent violations, or conduct likely to expose us or a provider to material liability.
Either party may end the subscription for convenience as described in Section 13. We may also discontinue a Service where a provider failure prevents its continued delivery, subject to that section’s notice and refund provisions. Where immediate action is required by a provider, security issue, or law, advance notice may not be possible; we will notify Client as soon as reasonably practical where permitted.
Upon termination, Client’s right to use the affected Services ends, automations may stop, and access may be disabled. Accrued payment obligations and provisions that by nature should survive will survive, including intellectual property, confidentiality, disclaimers, liability limits, indemnification, disputes, and general terms.
Termination does not automatically extinguish Client’s outstanding Rewards or its obligations to Participants. Client must arrange participant notices, fulfillment, and any lawful alternative redemption process under Section 9. Available data exports and transition assistance are addressed in Section 18.
24. Dispute Resolution, Arbitration, And Class-Action Waiver
Please read this section carefully. It affects legal rights, including the right to a jury trial.
Before initiating arbitration, a party must send a written notice describing the dispute and requested relief. The parties will attempt in good faith to resolve the dispute informally for at least 30 days.
Except for eligible small-claims matters or requests for temporary injunctive relief concerning intellectual property, unauthorized access, security, or misuse of the Services, any dispute arising out of or relating to these Terms, an Order Form, or the Services will be resolved by binding individual arbitration administered by JAMS under its applicable commercial arbitration rules.
The arbitration will be conducted by one arbitrator. Unless the parties agree otherwise, the hearing will occur remotely or in Riverside County, California. The arbitrator may award any individual relief available in court, subject to these Terms, and judgment may be entered in any court with jurisdiction.
EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL AND AGREES THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION.
A Client may opt out of this arbitration provision by sending an email to [email protected] within 30 days after first accepting these Terms. The email must include Client’s legal name, account email, and a clear statement that Client opts out of arbitration. Opting out does not affect the remaining Terms.
If the class-action waiver is found unenforceable for a particular claim, that claim will proceed in a court of competent jurisdiction and not in arbitration, while enforceable claims remain subject to arbitration.
25. Governing Law And California Notices
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. For disputes not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Riverside County, California.
California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
Nothing in these Terms limits any non-waivable right or remedy available under applicable law.
26. Electronic Communications And Signatures
Client consents to electronic communications, records, notices, invoices, disclosures, contracts, and signatures. Electronic acceptance, clicking an acceptance box, paying an invoice, or using the Services may constitute Client’s signature and agreement.
Client agrees to keep its email and contact information current. Notices sent to the account email are deemed received when sent, except where law requires another method.
27. Changes To These Terms
We may update these Terms to reflect legal, regulatory, security, provider, operational, or Service changes. We will post the revised Terms and update the “Last Updated” date.
For material changes affecting an active subscription, we will provide reasonable notice by email, account notice, or another reliable method where required. Continued use after the effective date constitutes acceptance. If Client does not agree, Client must discontinue use and cancel before the change takes effect.
28. General Provisions
Entire Agreement. These Terms, the Privacy Policy, applicable Order Forms, and incorporated addenda constitute the entire agreement regarding the Services and supersede prior discussions or representations on the same subject.
Order of Precedence. The priority rules in the Agreement to These Terms above apply. A higher-priority agreement controls only to the extent of an actual conflict.
Assignment. Client may not assign these Terms without our written consent. We may assign them in connection with a reorganization, financing, merger, sale, transfer of assets, use of an affiliate, or succession of the business.
Independent Contractors. The parties are independent contractors. These Terms do not create a partnership, employment, franchise, fiduciary, or agency relationship.
No Third-Party Beneficiaries. These Terms benefit only the parties and permitted successors. End Customers and other third parties have no rights under these Terms.
Force Majeure. Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disasters, fires, war, terrorism, epidemics, government action, labor disputes, power failures, internet or telecommunications outages, carrier actions, cyberattacks, or Third-Party Service failures. Payment obligations for Services already provided are not excused.
Severability. If a provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions remain effective.
Waiver. Failure to enforce a provision is not a waiver. A waiver must be in writing.
Headings. Headings are for convenience and do not affect interpretation.
No Construction Against Drafter. These Terms will be interpreted fairly and not against either party solely because a party drafted them.
29. Contact Information
Questions, notices, cancellation requests, or complaints concerning the Services or these Terms may be sent to:
Lead Harvest LLC
40906 Sandpiper Ct
Palm Desert, CA 92260
United States
Email: [email protected]
Website: https://theleadharvest.com
Lead Harvest LLC | Terms of Service |