1. Agreement to Terms
By accessing or using LeadWaffle (the “Platform”), operated by LeadWaffle Inc (“Company,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Platform.
These Terms apply to all visitors, users, and others who access or use the Platform, including lead sellers (“Sellers”) and lead buyers (“Buyers”).
2. Description of Service
LeadWaffle is a two-sided marketplace that connects Sellers (performance marketers who capture leads) with Buyers (businesses and individuals who purchase leads). LeadWaffle provides the technology infrastructure, payment processing, and marketplace. LeadWaffle does not generate, own, or sell leads directly.
3. Eligibility
You must be at least 18 years of age and capable of entering into a legally binding agreement to use the Platform. By using the Platform, you represent and warrant that you meet these requirements.
4. Seller Obligations
Sellers agree to:
- Comply with all applicable laws, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all applicable FCC regulations.
- Obtain proper consent from lead subjects before capturing and listing leads.
- Provide accurate and truthful lead information.
- Not sell leads obtained through fraudulent, deceptive, or illegal means.
- Not list leads containing fabricated, purchased, or recycled contact information as original leads.
- Honor the refund policy for leads that do not meet quality standards.
5. Buyer Obligations
Buyers agree to:
- Use purchased leads only for lawful business purposes.
- Comply with all applicable federal and state laws when contacting lead subjects.
- Not resell, redistribute, or share purchased leads without express written authorization.
- Not harass or engage in abusive conduct toward lead subjects.
- Submit any refund or dispute requests within the 24-hour window specified in the Buyer Terms.
6. Payments and Fees
Sellers pay monthly subscription fees based on their selected plan. Payment processing is handled by Stripe. By subscribing, you authorize LeadWaffle to charge your payment method on a recurring monthly basis.
Buyers pay per-lead transaction prices set by Sellers. All payments are final except as described in the refund policy.
Seller payouts are processed via Stripe Connect. Sellers are responsible for providing accurate banking information and for any taxes owed on income earned through the Platform.
7. Prohibited Conduct
Users may not:
- Violate any applicable law or regulation in connection with use of the Platform.
- Engage in fraudulent activity, including creating false accounts or submitting false leads.
- Attempt to reverse engineer, hack, or interfere with the Platform.
- Use the Platform to transmit spam, malware, or harmful content.
- Circumvent the Platform to conduct transactions outside of LeadWaffle in order to avoid fees.
- Impersonate any person or entity.
8. Intellectual Property
The Platform, including all content, features, and functionality, is owned by LeadWaffle Inc and is protected by copyright, trademark, patent, and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.
9. Disclaimer of Warranties
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LEADWAFFLE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEADWAFFLE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO LEADWAFFLE IN THE THREE MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to indemnify and hold harmless LeadWaffle Inc and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising out of or related to your use of the Platform or your violation of these Terms.
12. Termination
We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion. Upon termination, your right to use the Platform will immediately cease.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States and the state of incorporation of LeadWaffle Inc, without regard to conflict of law provisions.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify users of material changes via email or a prominent notice on the Platform. Continued use of the Platform after changes constitutes acceptance of the revised Terms.
15. Contact
Questions about these Terms should be directed to: support@leadwaffle.com
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