Terms of Service

Table of Contents

1. Acceptance of Terms
2. Definitions
3. Eligibility and Account Registration
4. User Responsibilities
5. Buyer Terms and Conditions
6. Affiliate / Lead Seller Terms
7. Lead Data Standards and TCPA Compliance
8. Payments, Fees, and Refunds
9. Intellectual Property Rights
10. Prohibited Conduct
11. Disclaimers and Warranties
12. Limitation of Liability
13. Indemnification
14. Dispute Resolution and Arbitration
15. Governing Law
16. Modifications to the Service
17. Termination
18. General Provisions
19. Contact Information

1. Acceptance of Terms

By registering for an account, clicking "I Agree," accessing the Service, or otherwise using any part of the platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are using the Service on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and that entity. These Terms supersede any prior agreements between you and LeadMarket relating to the Service.

2. Definitions

As used in these Terms, the following definitions apply:

3. Eligibility and Account Registration

The Service is available only to persons and entities that can form legally binding contracts under applicable law. You must be at least 18 years of age and a legal resident or entity organized in the United States to use the Service. By using the Service, you represent and warrant that you meet these requirements.

When registering, you agree to provide accurate, current, and complete information and to update it as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at [email protected] if you suspect unauthorized access to your account.

We reserve the right to refuse registration, suspend, or terminate accounts at our sole discretion, including for violation of these Terms, provision of false information, or conduct that we determine is harmful to the Service or other users.

4. User Responsibilities

All users of the Service — whether Buyers, Affiliates, or administrators — accept the following responsibilities as a condition of access:

4.1 Legal Compliance

You are solely responsible for ensuring that your use of the Service and any Lead data you receive or submit complies with all applicable federal, state, and local laws and regulations, including but not limited to the TCPA, the CAN-SPAM Act, the Fair Credit Reporting Act (FCRA), the FTC Act, state telemarketing laws, and all applicable data protection and privacy laws. LeadMarket does not provide legal advice, and nothing in these Terms constitutes legal advice.

4.2 Accurate Information

You agree to provide truthful, accurate, and complete information in all interactions with the Service, including account registration, lead submission, and payment information. Submission of false, misleading, or fraudulent information is grounds for immediate termination and may expose you to civil and criminal liability.

4.3 Account Security

You are responsible for all activity conducted through your account, including actions taken by employees, contractors, or agents using your credentials or API keys. You must implement reasonable security measures to prevent unauthorized access to your account and must not share login credentials or API keys with unauthorized parties.

4.4 Professional Conduct

You agree to use the Service only for lawful business purposes and in a manner consistent with professional standards. You must not use the Service to harass, defraud, or harm consumers or other users of the platform.

4.5 Consumer Protection

You acknowledge that the Lead data distributed through the Service relates to real consumers who have provided consent to be contacted. You agree to treat all consumer data with respect and to honor opt-out requests promptly. Misuse of consumer data, including contacting consumers in violation of their stated preferences or applicable law, is strictly prohibited.

5. Buyer Terms and Conditions

5.1 Lead Purchases

Buyers participate in real-time ping-post auctions. When a Buyer's bid wins, the full Lead record is delivered immediately and the corresponding amount is deducted from the Buyer's Wallet. All Lead purchases are final. By placing a bid, you authorize LeadMarket to deduct the bid amount from your Wallet upon winning.

5.2 Lead Quality and Disputes

LeadMarket uses AI-based scoring to assess Lead quality, but does not guarantee that any Lead will result in a sale, conversion, or successful contact. Lead scores are estimates and not warranties of quality. Buyers may submit a Lead dispute within 72 hours of delivery if the Lead contains demonstrably false contact information (e.g., invalid phone number or email). Approved disputes will result in a Wallet credit. Disputes based on non-conversion, lead age, or buyer preference are not eligible for refunds.

5.3 Buyer TCPA Obligations

Buyers are solely responsible for independently verifying TCPA consent before contacting any consumer. LeadMarket provides consent records upon request, but the Buyer bears full legal responsibility for all outbound contact. Buyers must maintain their own Do Not Call suppression lists and comply with all applicable federal and state telemarketing regulations.

5.4 Permitted Use of Lead Data

Lead data purchased through the Service may only be used for the specific vertical and purpose for which it was collected (e.g., insurance leads may only be used for insurance sales). Resale, redistribution, or use of Lead data for purposes other than direct outreach to the consumer is strictly prohibited without prior written consent from LeadMarket.

6. Affiliate / Lead Seller Terms

6.1 Lead Submission Standards

Affiliates agree to submit only genuine consumer leads where the consumer has provided explicit, verifiable consent to be contacted by businesses in the relevant vertical. Affiliates must not submit fabricated, duplicated, incentivized, or otherwise fraudulent leads. LeadMarket employs automated fraud detection and reserves the right to withhold payment for and remove any leads that fail quality checks.

6.2 TCPA Consent Documentation

Affiliates are responsible for capturing and retaining valid TCPA consent for each lead submitted. Consent must include the consumer's express written agreement to receive calls or texts from specific categories of businesses, the date and time of consent, and the IP address of the consenting device. Affiliates must provide consent documentation to LeadMarket upon request within 5 business days.

6.3 Payouts

Affiliates earn payouts based on the payout rate set for their account, which is determined by LeadMarket at its discretion based on lead quality, vertical, and volume. Payouts are processed on a schedule communicated in the Affiliate dashboard. LeadMarket reserves the right to withhold or reverse payouts for leads that are disputed, found to be fraudulent, or in violation of these Terms.

6.4 Independent Contractor Status

Affiliates are independent contractors and not employees, agents, or partners of LeadMarket. Affiliates are solely responsible for their own taxes, business expenses, and compliance obligations. Nothing in these Terms creates an employment, agency, joint venture, or partnership relationship.

7. Lead Data Standards and TCPA Compliance

All participants in the Service acknowledge that lead data involves real consumers and that misuse carries significant legal risk. The following standards apply to all parties:

• All leads distributed through the Service must originate from consumers who provided explicit consent to be contacted by businesses in the relevant vertical.
• No lead may be submitted or used in a manner that violates the TCPA, the FTC's Telemarketing Sales Rule, or any applicable state telemarketing law.
• Buyers must honor consumer opt-out requests within the timeframes required by law (generally within 30 days for written requests, immediately for verbal requests during a call).
• Affiliates must not use deceptive, misleading, or coercive practices to obtain consumer consent.
• LeadMarket is not a "seller" or "telemarketer" as defined under the TCPA and is not responsible for outbound contact made by Buyers. Buyers assume full TCPA liability for all consumer contact.

8. Payments, Fees, and Refunds

8.1 Wallet Top-Ups

Buyers fund their Wallets via credit card or ACH through our payment processor, Stripe. All payments are processed in U.S. dollars. Wallet balances are non-transferable and may not be exchanged for cash except as provided in Section 8.3.

8.2 Pricing

Lead prices are determined by real-time auction dynamics and the pricing tiers set by LeadMarket for each vertical. LeadMarket reserves the right to modify pricing tiers at any time with reasonable notice. Current pricing is available on the Pricing page.

8.3 Refunds

Wallet top-up payments are generally non-refundable once processed. Exceptions may be made at LeadMarket's sole discretion for billing errors, duplicate charges, or fraudulent transactions. Approved Lead disputes result in Wallet credits, not cash refunds. To request a refund review, contact [email protected] within 30 days of the charge.

8.4 Taxes

You are responsible for all taxes, duties, and levies applicable to your use of the Service. LeadMarket will collect and remit sales tax where required by law. Affiliates are responsible for reporting and paying all income taxes on earnings received through the Service.

9. Intellectual Property Rights

9.1 Ownership of the Platform

The Service and all of its components — including but not limited to the software, source code, algorithms (including the AI lead scoring engine and ping-post auction system), user interfaces, design, graphics, logos, trademarks, service marks, trade names, and all other intellectual property — are owned exclusively by LeadMarket or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

9.2 Limited License to Users

Subject to your compliance with these Terms, LeadMarket grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes as contemplated by these Terms. This license does not include any right to:

• Copy, modify, adapt, translate, or create derivative works of the Service or any Content
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
• Sublicense, sell, resell, transfer, assign, or otherwise exploit the Service for any commercial purpose not expressly authorized
• Remove or alter any proprietary notices, labels, or marks on the Service
• Use the LeadMarket name, logo, or trademarks without prior written consent

9.3 User-Submitted Content

By submitting Lead data, feedback, or other content to the Service, you grant LeadMarket a worldwide, royalty-free, non-exclusive license to use, process, store, transmit, and display that content solely to operate and improve the Service. You represent and warrant that you have all necessary rights to grant this license and that your content does not infringe the intellectual property rights of any third party.

9.4 Feedback

If you provide LeadMarket with suggestions, ideas, or feedback about the Service ("Feedback"), you assign to LeadMarket all rights in that Feedback and agree that LeadMarket may use and commercialize it without restriction or compensation to you.

9.5 DMCA / Copyright Infringement

If you believe that content on the Service infringes your copyright, please send a notice to [email protected] with the subject line "DMCA Notice," including: (a) identification of the copyrighted work; (b) identification of the infringing material and its location; (c) your contact information; (d) a statement of good faith belief; and (e) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner.

10. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Submitting fabricated, duplicated, scraped, purchased, or otherwise fraudulent lead data
• Attempting to manipulate the auction system, including bid manipulation, shill bidding, or collusion with other Buyers
• Using automated scripts, bots, or scraping tools to access the Service without authorization
• Attempting to gain unauthorized access to any part of the Service, other users' accounts, or our systems
• Interfering with or disrupting the integrity or performance of the Service or its infrastructure
• Using Lead data for any purpose other than direct, lawful outreach to the consumer in the relevant vertical
• Reselling, redistributing, or sublicensing Lead data to third parties without written authorization
• Violating any applicable law, including the TCPA, CAN-SPAM, FCRA, or state privacy laws
• Impersonating any person or entity or misrepresenting your affiliation with any person or entity
• Engaging in any conduct that LeadMarket determines, in its sole discretion, is harmful to the Service, its users, or third parties

11. Disclaimers and Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LEADMARKET EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, QUALITY, OR RELIABILITY OF ANY LEAD DATA
• WARRANTIES THAT LEADS WILL RESULT IN CONVERSIONS, SALES, OR SUCCESSFUL CONSUMER CONTACT
• WARRANTIES THAT THE SERVICE WILL MEET YOUR SPECIFIC BUSINESS REQUIREMENTS

LeadMarket does not warrant that Lead data is free from errors, that consumer contact information is current or accurate, or that any Lead will result in a successful business outcome. Lead scores are estimates generated by automated systems and are not guarantees of quality or conversion potential.

12. Limitation of Liability

12.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEADMARKET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEADMARKET'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO LEADMARKET IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

12.3 TCPA and Regulatory Liability

LeadMarket is a marketplace platform and technology intermediary. LeadMarket is not responsible for and expressly disclaims all liability arising from Buyers' outbound contact with consumers, including any TCPA violations, state telemarketing law violations, or consumer complaints arising from such contact. Each Buyer assumes full and exclusive liability for all outbound communications made using Lead data obtained through the Service.

12.4 Basis of the Bargain

The limitations of liability in this Section reflect a reasonable allocation of risk between the parties and are a fundamental element of the basis of the bargain between you and LeadMarket. LeadMarket would not be able to provide the Service on an economically viable basis without these limitations.

13. Indemnification

You agree to defend, indemnify, and hold harmless LeadMarket and its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms or any applicable law or regulation
• Your use of Lead data, including any TCPA violations or consumer complaints arising from your outbound contact
• Lead data you submit that is fraudulent, inaccurate, or obtained without proper consumer consent
• Your infringement of any intellectual property or other rights of any third party
• Any claim by a consumer arising from your contact with that consumer using Lead data obtained through the Service
• Your gross negligence or willful misconduct

LeadMarket reserves the right to assume exclusive control of any matter subject to indemnification by you, in which case you agree to cooperate with LeadMarket's defense of such claim.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal dispute, you agree to contact LeadMarket at [email protected] and attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days of receiving written notice.

14.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Dallas, Texas, or remotely if agreed by the parties. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND LEADMARKET EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN CLASS ACTION LITIGATION. All claims must be brought in the parties' individual capacities and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

14.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm, including for intellectual property infringement or unauthorized access to the Service.

15. Governing Law

These Terms and any dispute arising out of or related to them or the Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Subject to the arbitration provision in Section 14, you consent to the exclusive jurisdiction of the state and federal courts located in Dallas County, Texas for any disputes not subject to arbitration.

16. Modifications to the Service

LeadMarket reserves the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We may also modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you by email or prominent notice on the Service.

Your continued use of the Service after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Service and close your account.

17. Termination

Either party may terminate the relationship governed by these Terms at any time. You may close your account by contacting us at [email protected]. LeadMarket may suspend or terminate your account immediately and without notice if you violate these Terms, engage in fraudulent activity, or for any other reason at our sole discretion.

Upon termination: (a) your right to access the Service immediately ceases; (b) any Wallet balance remaining after deducting amounts owed to LeadMarket may be refunded at our discretion; (c) LeadMarket may retain your data as required by law or for legitimate business purposes; and (d) Sections 9, 11, 12, 13, 14, 15, and 18 of these Terms shall survive termination.

18. General Provisions

19. Contact Information

For questions about these Terms, please contact us: