MobileWorks, Inc. dba LeadGenius (“LeadGenius,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.leadgenius.com (the “Site”) and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and indicate at the top the date of the last revision. We will also notify you through the Services user interface, email, or other reasonable means. Any changes will become effective no earlier than fourteen (14) days after they are posted, except for changes addressing new functions or made for legal reasons, which will be effective immediately. Your continued use of the Service after changes become effective constitutes your acceptance of the new Terms of Service.

When using certain services, you will also be subject to any additional terms applicable to such services that may be posted from time to time, including the Privacy Policy located at www.leadgenius.com/privacy. All such terms are incorporated by reference into these Terms of Service.

Access and Use of the Service

Services Description

The Service is designed to provide market intelligence and lead generation solutions, allowing users to identify and build contact and account data, and analyze lead data performance.

Registration Obligations

You may be required to register to access and use certain features. You agree to provide and maintain true, accurate, current, and complete information as prompted by the registration form. Registration data is governed by our Privacy Policy. If you are under 13, you are not authorized to use the Service. If you are under 18, you may use the Service only with the approval of a parent or guardian.

Member Account, Password, and Security

You are responsible for maintaining the confidentiality of your account and password, and for all activities under your account. You agree to:
(a) Notify LeadGenius immediately of any unauthorized use or breach of security.
(b) Exit from your account at the end of each session.
LeadGenius will not be liable for any loss arising from your failure to comply with this.

Modifications to the Service

We reserve the right to modify or discontinue the Service at any time without notice. We are not liable for any modification, suspension, or discontinuance.

General Practices Regarding Use and Storage

We may establish limits concerning use of the Service, such as data retention and storage capacity. We have no responsibility for deleted data or failure to store content. We may terminate inactive accounts and change limits at any time.

Conditions of Use

User Conduct

You are responsible for all content you upload or use via the Service. You agree not to:

• Upload content that infringes intellectual property rights, contains viruses, poses a security risk, or is unlawful, harmful, or otherwise objectionable.
• Interfere with or disrupt the Service or connected networks.
• Violate any laws.
• Impersonate others or misrepresent affiliation.
• Solicit personal information from minors.
• Collect user data for unsolicited communication.
• Promote unauthorized commercial activities.
• Promote illegal activity.
• Access materials not intentionally made available.

Fees

If the Service is offered for a fee, you agree to pay as specified in your payment plan. You authorize LeadGenius to bill your payment method in advance until you terminate your account. Disputes must be reported within 60 days. We may change prices with 30 days’ notice.

‍International Use; Export Controls

Software and data transmission may be subject to U.S. export laws. You agree to comply with all local rules regarding online conduct and content.

Intellectual Property Rights

Service Content, Software, and Trademarks

All Service content is protected by intellectual property laws. You may not modify, copy, distribute, or create derivative works unless authorized. The LeadGenius name and logos are trademarks. Other names may be trademarks of their respective owners.

Third-Party Material

We are not responsible for third-party content and may remove objectionable content at our discretion.

User Content

You retain rights to your content but grant LeadGenius the right to analyze and use it for improving the Service in aggregate or de-identified form. You represent that you own all rights to your content.

Submissions

Any feedback you provide is non-confidential, and we may use it without compensation.

Third-Party Websites

The Service may contain links to third-party sites. We do not control or endorse them and are not responsible for any damage or loss related to their use.

Indemnity and Release

You agree to indemnify and hold LeadGenius harmless from any claims arising from your use of the Service or violation of these Terms.

Disclaimer of Warranties

The Service is provided “as is” without warranties of any kind, including merchantability, fitness for a particular purpose, title, or non-infringement.

Limitation of Liability

LeadGenius is not liable for indirect, incidental, special, consequential, or exemplary damages. Our total liability will not exceed the amount you paid in the last six months or $100, whichever is greater.

Arbitration

All disputes may be resolved by binding arbitration through JAMS in Oakland, California, unless otherwise agreed.

Termination

We may suspend or terminate your account for any reason, including violation of these Terms.

User Disputes

You are solely responsible for interactions with other users. We have no obligation to intervene.

General

These Terms constitute the entire agreement and are governed by California law. Any claim must be filed within one year. You may not assign these Terms without our consent.

Your Privacy

Please see our Privacy Policy for details on how we collect and use personal data.

Notice for California Users

Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the California Department of Consumer Affairs at:

1625 North Market Blvd., Suite N 112, Sacramento, CA 95834

Phone: (916) 445-1254 or (800) 952-5210

You may also contact us at support@leadgenius.com.