Terms & Conditions and Acceptable Use

 

1. Who We Are

"Leadfwd.ai", officially Growth Web Services, Inc., is a SaaS (Software as a service) Business Growth Platform, that operates the website with the URL: https://leadfwd.ai (known as the "Platform").

2. Purpose

The purpose of these Terms of Use (this "Agreement") is to set forth the terms and conditions under which you are permitted to use our marketing and sales automation platform (the "Services"). Any email, including but not limited to any email newsletters, sent out using the Services, are referred to herein as an "Email."

3. Changes

We reserve the right to change any of the terms of this Agreement by posting the revised Terms of Use on our Website and/or by sending an email to the last email address you have given to us. Unless the Term is terminated within ten (10) days, this new Agreement will be effective immediately with respect to any continued or new use of the Services.

4. Eligibility

We require that any Subscriber be at least eighteen (18) years of age. By using the Services, you represent and warrant that you are at least eighteen (18) years of age and that your use of the Services does not violate any applicable law or regulation. Your uploads may be deleted and your subscription may be terminated without warning, if we have reason to believe you are under eighteen (18) years of age.

5. Refunds

We are required to provide a refund only if we terminate our Services to you without cause before the end of a term for which you have paid. It is YOUR responsibility to use or not use the service. If you sign up and pay for the service and don’t use it for any reason, this does not make you eligible for a refund of any sort. There is no other circumstance in which you will be entitled to a refund. We may, at our sole discretion, offer refunds in other situations subject to any Subscriber seeking such refund applying for the refund in accordance with the requirements we post on the website, which may be changed from time to time.

6. Term, Termination and Removal

The term will be determined based on your selected plan's term period and will automatically renew until canceled. If not otherwise specified in a Master Services Agreement (MSA), written termination notice must be sent to (help@leadfwd.com) at least 30 days prior to any plans renewal date. Termination notice with less than 30 days until your next renewal date will not apply until the following renewal period.

You will be required to maintain a valid payment method on-file for the duration of your plan. We may suspend our Services to you at any time with or without cause. We will refund a pro rata portion of your monthly prepayment or reimburse you for unused credits if we terminate you without cause. We will not refund and/or reimburse you in such manner, if there is cause, such as your using our system to send bulk Emails to people with whom your relationship does not meet the requirements or does not conform to our Usage Policy. Once terminated, we may remove any of your electronic newsletters or other emails and related data and files from our Website and any other storage. Additionally, if you do not log in to your account for 12 or more months, we may deem your account "inactive" and permanently delete your account and all data associated with it.

7. Account Login Credentials

You are responsible for maintaining the confidentiality of any username and password provided to you. You are solely responsible for uses of any account provided to you, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of any account of yours.

8. Proprietary Rights Owned by Us

You acknowledge that we, or our suppliers, own all proprietary rights in the Website and the software used to provide the Services, including, but not limited to, any patents, trademarks, service marks and copyrights.

9. Proprietary Rights Owned by You

You represent and warrant to us that you will not add or upload any content to the Website to create an electronic newsletter, or for any other purpose unless you are the owner of all proprietary rights in that content (or have been given a valid license from the owner of the proprietary rights in such content) and have obtained releases for all related privacy and publicity rights.

10. General Rules

You agree to the following:

• You will not incorporate into your outbound communication any text, photos, graphics or other content that is not created by you, not provided by us for you to incorporate into your Email or you are not otherwise permitted to use.
• You will not post on the Website, including in any outbound communication created or sent using our Services, any misleading or incorrect name, address, email address, subject line or any other misleading or incorrect information.
• You will not publish or send any material that contains sexually related text, photographs or other content, or content that is defamatory, obscene, indecent, threatening, abusive or hateful.
• You will not share your password.
• You will not attempt to decipher, decompile, disassemble or reverse engineer any of the Leadfwd software comprising or in any way used from the Leadfwd platform.
• You will not include in any outbound communication any material, including, but not limited to, text and graphics, the inclusion of which is in violation of any other party's rights, including, but not limited to, copyrights and privacy and publicity rights.
• You will not set up multiple accounts for any individual, organization or entity or in order to send substantially similar content unless you are part of a franchise.
• You will not import or incorporate into any lists, emails or uploads to our servers any of the following information: Social Security Numbers, passwords, security credentials, or sensitive personal information of any kind.
• You will fully abide by terms and conditions of any third-party application or integration that you utilize in conjunction with your Leadfwd account.
• As the account owner/creator you are fully responsible to ensure these rules and all of the terms and conditions set forth by Leadfwd are understood and followed by any team members (users) that you invite to your Leadfwd account.
• As the account owner/creator, you are responsible to monitor your account usage to ensure it is within the limits defined by your selected service plan. Exceeding the limits of your service plan at anytime will result in additional fees and charges.

11. Marketing Platform Anti-Spam and Abuse Related Rules

This provision specifically applies to account holders that are utilizing a legacy Leadfwd Marketing Automation or Email Marketing plan, in which case you are sending email through a Leadfwd managed mail server and not your own connected mailbox.

You agree to the following when sending email through a Leadfwd mail server:

Definition of SPAM: We have adopted the definition of Spam set forth on the Spamhaus website at http://www.spamhaus.org/definition.html

The first line of the Spamhaus definition reads:

The word "Spam" as applied to Email means Unsolicited Bulk Email ("UBE").

It is a concern to us if you use Leadfwd to send any unsolicited email to anyone with whom you have no relationship. It is much more of a concern, and more likely to cause our system to be blocked by various ISP's, for you to send an unsolicited email to an entire list of people you don't know.

11.1. Consent Required

You are required to maintain proof of permission for every recipient that you maintain as a contact in your Leadfwd account. Failure to maintain a permission-based list will result in a suspension of your account.

You agree that you will never import or use:

1. Purchased lists
2. Rented lists
3. 3rd party lists of any kind

Contacts or recipients that have not explicitly granted you consent to communicate with them.

11.2. Best Practices Required

Sending your first campaign to an old list? Many recipients won't remember you, and will report you for spamming. Do everything in your power to remind them of who you are, and how they got on your organizations list.

Clean your customer list before you import. Take out any addresses older than 6 months. Bad addresses lead to bouncebacks. Too many bouncebacks, and ISPs block Leadfwd (and our users). We'll suspend your account if you import an old list that gets too many bounces.

Don't just import your entire Outlook Address Book. Export them into a spreadsheet, then take some time to clean out bad addresses (like Sales@Dell, or Support@Apple). If you import even one address by mistake, that person can get you blacklisted and ultimately suspended.

Importing from a CRM? Break it into separate segments or interest groups so you can send relevant content to your customers ("We met at a tradeshow, You bought xyz from us in the past, You are a client of..." etc). Don't just mix a bunch of different lists together and send one "blast" to all of them.

12. Usage Policy

12.1 Excessive Bounce Rate

You are responsible to ensure that your outbound messaging does not generate bounce rates in excess of 15%. If we observe that your account is exceeding this rate, we reserve the right to suspend your account access immediately.

12.2 Spam Complaints and Blocks

You are responsible to ensure that your spam complaint volume remains under 1% of your total outbound email sent. This calculation includes bounces that are a result of an ISP's or recipients spam prevention system. If we observe that your account is exceeding this rate, we reserve the right to suspend your account access immediately.

12.3 CAN-SPAM Act of 2003

You are responsible to ensure that your outbound email messaging is in full compliance with CAN-SPAM Act at all times. If complaints arise from apparent violations to the CAN-SPAM Act, as determined by Leadfwd or as determined by a government body, we reserve the right to suspend your account access immediately.

12.4 TCPA Compliance

You are responsible to ensure that your outbound SMS and Voicemail Drop channel engagement fully complies with the TCPA. If complaints arise from apparent violations to the TCPA, as determined by Leadfwd or as determined by a government body, we reserve the right to suspend your account access immediately.

12.5 No Free Email Accounts for Sending

Leadfwd does not permit the connection or usage of 'free' email accounts for the purposes of sending outbound email messaging. Examples would include but are not limited to: (@gmail.com, @hotmail.com, @yahoo.com, etc). Connected mailboxes must be deployed from a dedicated domain name. Violating this provision will result in an immediate account suspension.

12.6 Fair Use Policy

The purpose of this Fair Use Policy is to ensure that all Subscribers have fair and equal access to the Service, while preventing abuse or misuse of the Service, even by those Subscribers who have selected a plan that includes an "Unlimited" feature set. To prevent abuse and to ensure consistent platform stability, Leadfwd operates under a Fair Use Policy.

If we determine that your account usage is either unreasonable or interfering with the stability, accessibility or security of our platform, we will take steps to limit access without notice or suspend your account without any liability to us. Unreasonable use of the Service includes, but is not limited to, any use:

1. Which is in breach of any applicable law, including without limitation any law or regulation in relation to privacy, data or spam;
2. Which interferes with other Subscribers' use, access or general stability of the Service;
3. Which causes significant congestion or reduces our ability to fairly and equitably provide the Service to other Subscribers;
4. Which attempts to bypass or manipulate limitations or usage restrictions on the Service;
5. Which does not constitute a legitimate business need or use case;
6. Which constitutes abnormal or excessive use of the Service compared to the average use by other Subscriber's on similar plans;
7. Which results in restricted or disallowed content being disseminated through the Service, including, without limitation, spam; or which involves resupplying or reselling the Service or sharing access the Service without our express written consent.

Contacts

1. Contacts with a record status to 'Inactive', 'Unsubscribed' or 'Bounced', may be automatically deleted from your database after 90 days, without notice, if your total contact count exceeds the limitation of your plan.
2. Any practice of deliberately modifying active contacts to a record status of 'Inactive', 'Unsubscribed' or 'Bounced' at scale, to reduce your Active Contact count to permit engaging a total count of unique contacts that exceed your overall monthly active contact limit, will be considered excessive. 
3. Engaging a total of unique, individual contacts that exceed your total plans active contact limit within in a monthly billing cycle, may be considered excessive. 

Connected Mailboxes

1. The soft limit for connected mailboxes on Solopreneur subscription plans is 100. This soft limit can be raised at any time by making a request to the Leadfwd support team. The request may be refused at our sole discretion and approval will be based on the accounts history, practices and overall standing.
2. The soft limit for connected mailboxes on Pro subscription plans is 300. This soft limit can be raised at any time by making a request to the Leadfwd support team. The request may be refused at our sole discretion and approval will be based on the accounts history, practices and overall standing.

We are under no obligation to monitor your compliance with this Fair Use Policy. However, we may from time to time take steps to detect and prevent unreasonable use of the Service or use otherwise in breach of this Fair Use Policy. By way of an example, we may apply usage control limits to certain features of the Service to prevent unusual or excessive use of the Service.

12.7 Artificial Intelligence (OpenAI) Connected Account

When connecting an authorized OpenAI account to your Leadfwd account you are granting Leadfwd permission and access to make requests to your OpenAI account using the OpenAI API framework on your behalf. Leadfwd will make requests using template prompts from our AI Sales Assistants as well as prompts that are user-generated on your account. Leadfwd will not be liable for the response and output from OpenAI.

When determining prospect intent from email responses we will share the full response from your prospect in our request and pre-formatted prompt with OpenAI for processing. Custom prompts that you create within the Leadfwd platform may also include profile data from prospects, but that is entirely at your discretion and within your control. Leadfwd will have no liability for any unavailability of the OpenAI API service, any billing matters or issues that may arise, the content of the any response or output or OpenAI's decision to discontinue, suspend or terminate the account.

12.8 Restricted Uses and Industries

Leadfwd strictly prohibits the sending of messages containing, promoting, referencing, or linking to unlawful, illegal, libelous, defamatory, or violent content targeting individuals or groups and violating human rights. Furthermore, unless the sender provides satisfactory and specific guarantees at Instantly's sole discretion, Instantly generally does not collaborate with senders who promote activities including, but not limited to, gambling, sexual/adult content, weapons and explosives, tobacco or tobacco-related products, drugs, political campaigns, hacking, penny stocks, forex trading and trading advice, payday loans, lead sales, and work-at-home offers related to "get rich quick," "build your wealth," and "financial independence" schemes. Leadfwd also does not support the sending of emails on behalf of third parties, including their own customers. In general, your emails must not contain any information or content that Leadfwd deems unsuitable or detrimental to its reputation, its affiliates, partners, customers, or users. If your business falls under the regulation of an authority (e.g., medications, investments, lending, banking, gambling, betting, medicine, etc.), please contact the Leadfwd team to discuss obtaining a custom account instead of subscribing to a Starter, Solo or Pro account. Leadfwd retains the right to request relevant documents and licenses related to your business activities.

13. Connected Accounts

In order to access multiple features and functions of the Leadfwd Platform, Subscriber will need to integrate one (1) or more Connected Accounts to the Leadfwd Platform. By granting the Leadfwd Platform access to any Connected Account, (i) Subscriber represents and warrants that it is entitled to disclose any log-in information provided by Subscriber in connection therewith (if applicable) and/or to grant Leadfwd access to such Connected Accounts, (ii) Subscriber represents and warrants that it is in good standing with respect to such Connected Accounts, and (iii) Subscriber acknowledges that Leadfwd may access any and all Connected Accounts and Connected Account Data in order to provide the Leadfwd Service and otherwise in accordance with the terms of this Agreement, including, as examples, to send test emails or troubleshoot in order to ensure the functionality of the Leadfwd Service. Subscriber further acknowledges and agrees that each Connected Account, including access to and use thereof and uptimes related thereto, is solely determined by the applicable provider of the relevant Connected Account. Leadfwd will have no liability for any unavailability of any Connected Account, any billing matters or issues that may arise or any third-party provider’s decision to discontinue, suspend or terminate any Connected Account.

14. Its your data, not ours.

Leadfwd will not use any of your data or any other customer information for any other purposes than those related to the Services. Your customer information will not be shared with any other parties. In addition, Leadfwd will not use your customer information for the purpose of sending unsolicited commercial email.

15. No Warranties

To the maximum extent permitted by law, the material on this website and the services (including all content, software, functions, services, materials and information made available herein or accessed by means hereof) are provided as is, without warranties of any kind, either express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose.

15. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility and risk of loss resulting from your use of the website and the services including any downloads from the website. Under no circumstances shall we or any of our employees or representatives be liable for any indirect, punitive, special or consequential damages even if we or any of our employees or representatives have been advised of the possibility of such damages. Our total liability in any event is limited to the amount, if any, actually paid by you for use of the website and the services for the one month period ending on the date a claim is made and you hereby release us and our employees and representatives from any and all obligations, liabilities and claims in excess of this limitation.

16. Indemnity

You agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses (including, but not limited to, attorney fees) resulting from any claims not permitted under this Agreement due to a "Limitation of Liability" or other provision, that you assert, or may assert, based on or relating to your use, or the use of any individual using your password, of this Website or the Services. You further agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses resulting from claims of third parties, including, but not limited to, attorney fees, that result in whole or in part from allegations of conduct by you that, if true, would constitute a violation by you, or any individual using your password, of any of the terms of this Agreement.

17. Attorney Fees

In the event we file an action against you claiming you breached this Agreement and seeking to recover liquidated damage and/or other relief, and we prevail, we shall be entitled to recover reasonable attorney's fees in addition to any damages or other relief which we may be awarded.

18. Disclaimers

We disclaim and are not responsible for the behavior of any advertisers, linked websites or other users.

19. U.S. Export Controls

The software that supports the Services (the "Software") is further subject to United States export controls. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. Downloading or using any of the Software is at your sole risk.

20. Restricted Rights

Notice to U.S. Government End Users. The Software, including all documentation, are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable, consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Published and Unpublished rights are reserved under the copyright laws of the United States.

21. Reporting Violations

If you become aware that any other person is violating any of the terms and conditions of this Website, please notify us immediately. If you believe that any person has posted material in violation of any copyrights that you may have, you may notify us in accordance with our Copyright Policy. If you believe that any user of this Website has posted materials in violation of any other rights that you may have, you may notify us in accordance with our Removal Policy.

22. Assignments

You may not assign any of your rights hereunder. We may assign all rights to any other individual or entity at our discretion.

23. Compliance With Law

In using the Services, you agree that you will comply with all local, State or Federal laws that are applicable.

24. Applicable Law and Jurisdiction

This Agreement will be governed by the laws of the State of New York. Except as otherwise provided in this Section below, each of the parties does hereby agree that any dispute related to this Agreement, any other agreement between the parties, the Privacy Policy or the Services, will be decided by the state and federal courts located in New York County, New York and agrees that that party is subject to the jurisdiction of such courts in such locality.

25. Warranties of Compliance

25.1. You represent and warrant that in compiling your Email distribution list, sending Emails via Leadfwd and collecting information as a result of individuals visiting your website or otherwise, with respect to your customers and potential customers who reside in the EEA, you:

(a) Will have clearly described, and will continue to clearly describe, in writing how you intend to use any data collected, including for sending Emails if you obtain express consent from your customers and potential customers to use the data in that manner, and include an express consent to transfer the data to Leadfwd as part of this process, and otherwise comply with whatever privacy policy you have posted.

(b) Represent and warrant that you have complied, and will comply, with all data protection and privacy laws and regulations applicable to the countries in which you are sending any form of email via Leadfwd including, for example, with respect to the United Kingdom, the Data Protection Act, the regulations relating to the European Union Privacy and Electronic Communications Directive and GDPR. In this regard, you represent and warrant that you have collected, stored, used and transferred all data relating to any individual in accordance with all data protection laws and regulations relating to the country in which such individual resides and obtained all necessary consents to enable Leadfwd to receive and process that data and forward communications to that individual on your behalf.

You further agree to indemnify and hold us harmless from any losses, including attorney fees, resulting from your breach of any part of the foregoing warranties.

26. Overseas Access

The Services may be accessed throughout United States of America and overseas. Leadfwd makes no representations that the Services comply with the laws (including intellectual property laws) of any country outside the United States of America. If you access the Services from outside the United States of America, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.

Miscellaneous

27. Force Majeure

We shall not be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, then current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or overloading or slow downs over the internet or any third party internet service providers.

28. Survivability

The ownership and proprietary rights provisions set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.

29. Severability

The unenforceability or invalidity of any term, provision, section or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of this Agreement, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.

30. Interpretation

The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.

31. Amendments

No amendment or other change of this Agreement shall be effective except as either expressly permitted under these Terms of Use or agreed to in writing between the parties. Notwithstanding the foregoing, additional terms may be required for certain features of the Service (the "Additional Terms.") The Additional Terms shall be considered incorporated into this Agreement at the time the feature is activated by you. Where there is a conflict between these Terms and the Additional Terms the Additional Terms shall control.

32. Privacy Policy

You agree that we may access, collect, use and disclose your information as set forth in our Privacy Policy. In this regard the terms of the Privacy Policy are to be treated as if they were added to and part of this Agreement and shall be binding on all parties hereto.

33. EU/EEA and Switzerland Data Processing

Growth Web Services, Inc. (herein: Leadfwd.ai) complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. Leadfwd has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

In compliance with the Privacy Shield Principles, Leadfwd commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Private Shield policy should first contact Leadfwd at: privacy@leadfwd.com

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Leadfwd is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Leadfwd may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Leadfwd has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the [United States]. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit JAMS Dispute Resolution for more information or to file a complaint.

Under certain conditions, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.

34. Data Processing Agreement ("DPA")

Review

35. Further Actions

You agree to execute any and all documents and take any other actions reasonably required to effectuate the purposes of this Agreement.

36. Notification of Security Breach

In the event of a security breach that may affect you, or individuals listed on one or more of your Email distribution lists (each a "List"), we will notify you of the breach and provide a description. In the event we reasonably determine, and notify you, that it is necessary for all or part of such information to be forwarded on to individuals on one or more of your Lists, you will promptly forward such information to the individuals on such List or Lists.

37. Amendments

No amendment or other change of this Agreement shall be effective unless and until the revised Agreement is posted by us on the Website.

38. Notices

Any notice to you will be effective when sent to the last email or physical address you have given us or posted on our Website. Any notice to us will be effective when delivered to us with a copy to our corporate offices.

39. No Changes in Agreement at Request of Subscriber

Because of our huge number of Subscribers, we cannot, as a practical matter, change this Agreement for any one Subscriber or group of Subscribers.

40. Entire Agreement

The terms of the Privacy Policy posted on this Website are incorporated by reference herein. This Agreement, including such policy which is incorporated by reference herein, embody the entire agreement and understanding of the parties, and supersedes all prior agreements, representations and understandings between the parties hereto, relating to the subject matter hereof.