1. Introduction

Welcome to LeadDec. These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with LeadDec ("us", "we", or "our") website and services (the "Service"). Please read these Terms and Conditions carefully before using our Service.

2. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

3. Eligibility

You must be at least 18 years old to use our Service. By using the Service, you represent and warrant that you meet this requirement.

4. Accounts

When you create an account with us, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account.

5. Use of the Service

5.1 Prohibited Uses

You may use our Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

In any way that violates any applicable national or international law or regulation.For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation. To impersonate or attempt to impersonate LeadDec, a LeadDec employee, another user, or any other person or entity. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm LeadDec or users of the Service, or expose them to liability.

5.2 Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of LeadDec and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of LeadDec.

6. User Content

6.1 Content Ownership

You retain ownership of any intellectual property rights that you hold in the content you submit to the Service. However, by submitting content to LeadDec, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the Service and LeadDec’s business.

6.2 Content Responsibility

You are responsible for the content you post on or through the Service, including its legality, reliability, and appropriateness. By posting content on or through the Service, you represent and warrant that:

The content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms.The posting of your content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

7. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service.

8. Limitation of Liability

In no event shall LeadDec, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

Your access to or use of or inability to access or use the Service.Any conduct or content of any third party on the Service.Any content obtained from the Service.Unauthorized access, use, or alteration of your transmissions or content.

9. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

12. Account Migration

LeadDec does not offer account migration services. If you wish to transfer your data or account information to another service provider, you are solely responsible for exporting and migrating your data.

- You may download your contacts as a CSV file; however, all other assets, content, automations, and configurations must be manually recreated in your new platform.

- LeadDec does not provide any tools, automated migration services, or support for transferring data to another provider.

- Any content, assets, funnels, workflows, or campaigns built within LeadDec remain within the platform and cannot be exported or transferred to another service.

- By using LeadDec, you acknowledge that any work created within the platform is non-transferable, and you accept full responsibility for rebuilding or recreating your content elsewhere if you choose to leave the service.

12.1 Data Retention Upon Account Termination

When a client cancels their account or their Subscription is terminated, LeadDec will retain customer data for a maximum of [X] days before deletion. After this period, all user data will be permanently deleted, and recovery will not be possible. It is the client's responsibility to back up their data before termination.

13. Data Protection

We are committed to protecting your privacy and ensuring that your personal information is handled in a safe and responsible manner. Please refer to our Privacy Policy for information on how we collect, use, and protect your data in compliance with the UK GDPR and Data Protection Act 2018.

14. Indemnification

You agree to defend, indemnify, and hold harmless LeadDec and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

15. Entire Agreement

These Terms constitute the entire agreement between you and LeadDec regarding your use of the Service and supersede all prior and contemporaneous written or oral agreements between you and LeadDec.

16. Waiver and Severability

No waiver by LeadDec of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LeadDec to assert a right or provision under these terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

17. Consumer Rights Act 2015

Nothing in these Terms will affect your statutory rights under the Consumer Rights Act 2015. The rights provided under these Terms are in addition to, and do not affect, the statutory rights granted by applicable law in relation to the provision of services.

18. Distance Selling Regulations

If you are a consumer and have purchased our services online, you have the right to cancel your contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g., a letter sent by post, fax, or email).

19. Dispute Resolution

Any dispute, controversy, or claim arising out of or in connection with these Terms, including the validity, invalidity, breach, or termination thereof, shall be resolved by the courts of England and Wales. We both agree that the courts of England and Wales will have exclusive jurisdiction.

20. Subscription and Payment Terms

20.1 Subscription Terms

Certain aspects of the Service may be provided on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

20.2 Fee Changes

LeadDec, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. LeadDec will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

20.3 Refunds

Except when required by law, paid Subscription fees are non-refundable.

20.4 Automatic Renewal

Unless otherwise stated, all subscriptions will automatically renew at the end of each Billing Cycle. The client will be charged the applicable Subscription fee for the next period unless they cancel before the renewal date. By subscribing, you agree to automatic renewal unless you cancel.

20.5 Subscription Cancellation

You may cancel your Subscription at any time. Cancellation will take effect at the end of your current billing cycle, and you will retain access to the Service until that time. LeadDec does not offer prorated refunds for partial months of service.

21. Free Trial

LeadDec may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). If you do enter your billing information when signing up for the Free Trial, you will not be charged by LeadDec until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

22. Third-Party Services

The Service may contain links to third-party websites or services that are not owned or controlled by LeadDec. LeadDec has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that LeadDec shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

22.1 Third-Party Dependencies

LeadDec relies on third-party services and infrastructure, such as GoHighLevel, for certain functionalities. You acknowledge that the availability and functionality of LeadDec's Service may be affected by the performance of these third-party services. LeadDec is not responsible for any downtime, delays, interruptions, or other issues caused by failures of these third-party services.

22.2 No Guarantee of Availability

While we strive to ensure that our Service is available at all times, we do not guarantee uninterrupted access to the Service. We may experience downtime due to maintenance, updates, or technical issues with third-party services on which we depend. You agree that LeadDec is not liable for any loss or damage resulting from such downtime.

23. Limitation of Liability and Disclaimer

23.1. Disclaimer of Warranties

While we strive to provide excellent service and support, LeadDec makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Service or the information, products, services, or related graphics contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

23.2. No Professional Advice

Any services or work performed by LeadDec are provided for informational purposes only and do not constitute professional advice. You should not rely on any information provided as a substitute for professional advice from a qualified advisor.

23.3. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall LeadDec, its affiliates, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

Your use of or inability to use the Service;Any unauthorized access to or use of our servers and/or any personal information stored therein;Any interruption or cessation of transmission to or from our Service;Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party;Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/orThe defamatory, offensive, or illegal conduct of any third party.

This limitation of liability applies whether the claims are based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not LeadDec has been informed of the possibility of such damages.

23.4. Indemnification

You agree to defend, indemnify, and hold harmless LeadDec, its affiliates, licensors, and their respective directors, officers, employees, contractors, agents, suppliers, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

Your use of and access to the Service;Your violation of any term of these Terms and Conditions;Your violation of any third-party right, including without limitation any intellectual property right or privacy right;Any claim that your use of the Service has caused damage to a third party; andAny content you submit or make available through the Service.

23.5. Limitation of Responsibility for Work

Any work performed by LeadDec at the request of the client is performed on an "as-is" basis. While we strive to provide accurate and professional services, LeadDec is not responsible for any errors, omissions, or outcomes resulting from the work performed. The client assumes all responsibility for any decisions made based on the work performed by LeadDec.

24. Service Availability

24.1 Service Interruptions

LeadDec does not guarantee that the Service will always be available or uninterrupted. Access to the Service may be temporarily suspended without notice in the case of system failure, maintenance, or repair, or for reasons beyond our control, including issues with third-party services.

24.2 Data Storage and Security

We take reasonable steps to protect the data provided via the Service. However, you agree that your use of the Service is at your own risk, and LeadDec is not responsible for the security of any data stored on our servers or transmitted via the Service.

By including these specific clauses, you are explicitly stating that any issues arising from third-party service disruptions are not within your control and that LeadDec is not liable for such occurrences. This should provide additional protection and clarity regarding third-party dependencies.

25. Beta Features

From time to time, LeadDec may offer new features or tools which users may experiment with on the Service ("Beta Features"). Such Beta Features are offered solely for experimental purposes and without any warranty of any kind. Beta Features may be modified or discontinued at LeadDec’s sole discretion.

26. Fair Use Policy

LeadDec may impose limits on excessive or abnormal use of the Service that negatively impacts the platform or other users. If your usage exceeds reasonable limits, LeadDec reserves the right to restrict, suspend, or terminate your account.

27. Indemnification

You agree to defend, indemnify, and hold harmless LeadDec and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms, or c) your violation of any law or the rights of a third party.

28. Force Majeure

LeadDec will not be liable for any failure to perform its obligations under this agreement if such failure results from any cause beyond LeadDec’s reasonable control, including mechanical, electronic, or communications failure or degradation.

29. Feedback

Any feedback, comments, or suggestions you may provide regarding LeadDec or the Service is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

30. Contact Us

If you have any questions about these Terms, please contact us at:

Email: [email protected]

Address:

NONIA HOUSE

CARDIFF ROAD

NANTGARW

CF15 7SR