Terms of Service

These Terms of Service (“Terms”) govern your access to and use of leadsmart-ai.com and the LeadSmart AI Service (the “Service”) provided by LeadSmart AI (“LeadSmart,” “we,” “us,” or “our”). By creating an account, starting a trial, or otherwise using the Service, you agree to these Terms and our Privacy Policy.

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

You must be at least 18 years old and legally able to form a binding contract in your jurisdiction. The Service is intended for use by licensed real estate professionals and their teams. You are responsible for complying with all laws applicable to your use of the Service, including real estate licensing, fair-housing rules, and messaging regulations.

You agree to provide accurate, complete, and current information during signup and to keep it up to date. You are responsible for safeguarding your credentials and for all activity under your account. Notify us immediately at support@leadsmart-ai.com if you suspect unauthorized access.

• Plans. Paid plans are offered on a monthly or annual subscription basis as described on the pricing page. By selecting a paid plan, you authorize us to charge the payment method on file through our payment processor (Stripe) on each billing period until cancellation.
• Free trials. Paid plans may include a free trial (currently up to 14 days). Unless you cancel during the trial, the paid subscription begins and billing starts at the end of the trial. Trials are limited to one per customer; we may refuse trials we reasonably believe to be abusive.
• Cancellation. You can cancel at any time from the billing page. Cancellation takes effect at the end of the current billing period, and you retain access until then.
• Refunds. Except where required by law, subscription payments are non-refundable once the billing period has started.
• Price changes. We may change prices prospectively with at least 30 days' notice. The new price applies on the next billing period after the notice period ends.
• Taxes. Prices do not include taxes unless stated. You are responsible for applicable taxes and duties.

You agree not to:

• Use the Service to send unsolicited SMS or email (as defined by the TCPA, CAN-SPAM Act, CASL, GDPR, or analogous law).
• Violate any applicable law or regulation, including real estate licensing, fair-housing, anti-discrimination, consumer protection, or data protection law.
• Upload unlawful, infringing, deceptive, harassing, or otherwise objectionable content, including content that violates a third party's privacy or intellectual-property rights.
• Attempt to probe, scan, reverse-engineer, or circumvent the security or integrity of the Service.
• Use the Service to build or train a competing product, or to resell access without our written consent.
• Impersonate any person or falsely imply sponsorship or affiliation.

We may suspend or terminate your access for violations of this section with or without notice, depending on severity.

The Service sends SMS and email on your behalf. By using these features, you:

• Represent and warrant that you have obtained the consents required by the Telephone Consumer Protection Act (47 U.S.C. § 227), FCC rules, CAN-SPAM Act, and analogous laws in your jurisdiction.
• Agree that LeadSmart acts on your behalf as a messaging vendor and that you remain the “sender” for CAN-SPAM and the caller/texter for TCPA purposes, unless we expressly agree otherwise in writing.
• Honor opt-outs immediately. We automatically suppress STOP / UNSUBSCRIBE / HELP requests for numbers and addresses on your account, but you remain responsible for wider compliance across channels.
• Indemnify LeadSmart for claims arising from your failure to obtain consent or from content you cause the Service to send.

[REQUIRES LEGAL REVIEW] Confirm the allocation of sender / caller responsibility between LeadSmart and the customer — varies depending on 10DLC brand setup.

You retain all rights in the data, text, files, and other materials you submit to the Service (“Your Content”). You grant LeadSmart a worldwide, royalty-free license to host, process, display, and transmit Your Content solely to provide the Service, comply with law, and improve the Service in aggregated, de-identified form.

You represent that you have all rights necessary to submit Your Content and that its use in the Service does not violate law or any third-party right.

The Service uses third-party AI providers to generate messages, summaries, and recommendations (“AI Output”). You own the AI Output generated for your account, subject to the third-party provider's terms and any rights retained by those providers in their underlying models.

AI Output is provided “as is.” It may contain errors, omissions, or hallucinations. You are responsible for reviewing AI Output before relying on it or sending it to a third party.

The Service, including all software, designs, text, graphics, and other materials provided by LeadSmart (excluding Your Content and AI Output), is owned by LeadSmart or our licensors and is protected by intellectual property laws. Nothing in these Terms transfers those rights to you.

Feedback you provide about the Service is non-confidential and LeadSmart may use it without restriction.

The Service integrates with third-party services (Zillow, Follow Up Boss, kvCORE, Twilio, SendGrid, Stripe, Google, Facebook, and others). Your use of those services is governed by their own terms and privacy policies. LeadSmart is not responsible for third-party services.

The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by law, LeadSmart disclaims all warranties, including merchantability, fitness for a particular purpose, non-infringement, and accuracy of AI Output.

LeadSmart does not warrant that messages sent through the Service will be delivered, that AI Output will be correct, or that the Service will be uninterrupted or error-free.

To the maximum extent permitted by law, LeadSmart's aggregate liability for any claim arising out of or related to these Terms or the Service will not exceed the greater of (a) the fees paid by you to LeadSmart in the 12 months preceding the claim, or (b) one hundred U.S. dollars ($100).

In no event will LeadSmart be liable for indirect, incidental, special, consequential, or exemplary damages (including lost profits, lost leads, or lost data) arising from your use of the Service.

[REQUIRES LEGAL REVIEW] Confirm liability cap, carve-outs for indemnity + confidentiality + IP infringement, and any jurisdiction-specific limits.

You agree to defend, indemnify, and hold harmless LeadSmart and its affiliates from and against any third-party claim arising out of (a) Your Content, (b) your use of the Service in violation of these Terms or applicable law, (c) any SMS or email sent through the Service on your behalf, or (d) your violation of a third-party right.

You may terminate your account at any time from the billing page. LeadSmart may suspend or terminate your access for violation of these Terms, non-payment, or when required by law, with or without notice depending on severity. On termination, your right to use the Service ends. Sections of these Terms that by their nature should survive termination will do so, including sections 7, 9, 11, 12, 13, and 15–17.

We may update these Terms from time to time. Material changes will be notified via email or a prominent notice in the Service at least 30 days before they take effect. If you do not accept the revised Terms, your sole remedy is to stop using the Service and cancel your subscription.

[REQUIRES LEGAL REVIEW] These Terms are governed by the laws of [State / jurisdiction — confirm with counsel], without regard to conflict-of-laws principles. Any dispute will be resolved in the state or federal courts located in [venue — confirm with counsel], except that either party may seek injunctive relief in any court of competent jurisdiction.

[REQUIRES LEGAL REVIEW] Consider adding an arbitration clause + class-action waiver, and confirm it is enforceable in the target jurisdictions.

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and LeadSmart regarding the Service.
• Severability. If any provision is held unenforceable, the rest will remain in effect.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• No waiver. Our failure to enforce a provision is not a waiver.
• Contact. Notices to LeadSmart should be sent to support@leadsmart-ai.com.