Terms of Service

These Terms of Service ("Terms") govern your access to and use of Leadsy's sales intelligence platform, including our website, applications, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account or using our Service, you represent and warrant that:

• You are at least 18 years of age and have the legal capacity to enter into a binding contract
• You are authorised to bind the organisation you represent (if applicable)
• All information you provide is accurate, current, and complete
• You will comply with all applicable laws and regulations
• You have read, understood, and agree to be bound by these Terms and our Privacy Policy

If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

Leadsy provides a B2B sales intelligence and automation platform that includes:

• Lead Discovery: Tools to identify and enrich prospect information using B2B data providers including KnowFirst (Australian business database)
• Campaign Management: Multi-step email sequence automation with configurable delays and personalisation
• Gmail Integration: Send emails directly from your connected Gmail account via OAuth2 for improved deliverability and authenticity
• Email Tracking: Track email opens, link clicks, and reply detection for campaign performance insights
• Contact Management: Organise prospects into lists, assign to team members, and track engagement lifecycle
• CRM Integrations: Two-way sync with HubSpot and other CRM systems
• Team Collaboration: Role-based access (Admin, Campaign Manager, Sales Manager, Sales Rep) with shared templates and sequences
• Analytics and Reporting: Campaign performance tracking, engagement metrics, and team activity monitoring

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. Account Registration

3.1 Account Creation

To use the Service, you must create an account by providing:

• Valid email address
• Secure password meeting our requirements
• Organisation name and business information
• Billing information for paid subscriptions

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorised access
• Ensuring your account information remains accurate and up-to-date

3.3 Account Restrictions

You may not:

• Share your account credentials with others
• Create multiple accounts to circumvent usage limits
• Transfer or sell your account to another party
• Use automated tools to create accounts

4. Subscription and Billing

4.1 Pricing and Plans

Our subscription plans and pricing are available at leadsy.com/pricing. We offer monthly and annual billing options. Prices are exclusive of applicable taxes unless otherwise stated.

4.2 Free Trial

We may offer a free trial period for new users. No payment information is required for the trial. At the end of the trial period, your account will be downgraded to a free plan unless you subscribe to a paid plan.

4.3 Billing and Payment

• Subscription fees are charged at the beginning of each billing cycle
• We accept payment via credit card, debit card, and other approved methods
• You authorise us to charge your payment method automatically
• Failed payments may result in service suspension or termination
• You are responsible for all applicable taxes and transaction fees

4.4 Plan Changes

You may upgrade or downgrade your subscription at any time. Upgrades take effect immediately. Downgrades take effect at the start of the next billing cycle. No refunds or credits are provided for partial months or unused features.

4.5 Price Changes

We reserve the right to modify our pricing. We will provide at least 30 days' notice of price increases for existing subscribers. Your continued use of the Service after a price change constitutes acceptance of the new pricing.

4.6 Refund Policy

Subscription fees are non-refundable except as required by law or as expressly stated in these Terms. We do not provide refunds for partial months, unused features, or accounts terminated for violation of these Terms.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in compliance with these Terms. You must not:

5.1 Prohibited Activities

• Violate any applicable laws, regulations, or third-party rights
• Send spam, unsolicited communications, or violate anti-spam laws (CAN-SPAM, GDPR, CASL)
• Engage in fraudulent, deceptive, or misleading practices
• Harass, abuse, threaten, or harm others
• Impersonate any person or entity
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorised access to our systems
• Scrape, data mine, or collect user information without consent
• Reverse engineer or decompile the Service
• Remove or alter proprietary notices or labels

5.2 Content Standards

You must not upload, transmit, or distribute content that:

• Infringes intellectual property rights
• Contains illegal or regulated products/services
• Promotes violence, discrimination, or hate speech
• Contains sexually explicit or pornographic material
• Violates privacy rights or data protection laws

5.3 Email Compliance

When using our email features, you must:

• Comply with CAN-SPAM, GDPR, CASL, Australian Spam Act 2003, and other applicable email laws
• Include accurate sender information in all communications
• Provide clear unsubscribe mechanisms (our platform includes automatic unsubscribe links)
• Honour opt-out requests promptly (within 5 business days)
• Only send emails to recipients who have consented or with whom you have a legitimate business relationship
• Not purchase, rent, or harvest email lists from third parties without proper consent documentation

5.4 Gmail Integration Requirements

When connecting your Gmail account to Leadsy:

• You must have authority to connect the Gmail account and grant OAuth permissions
• You are responsible for all emails sent from your connected Gmail account through our Service
• You agree that Leadsy may access your Gmail to send emails, monitor for replies, and track campaign engagement
• You understand that email deliverability depends on your Gmail account's reputation and sending limits
• You must not use the Service to circumvent Gmail's terms of service or sending limits
• You are responsible for maintaining your Gmail connection and re-authenticating when required

5.5 Usage Limits

Your subscription plan includes specific usage limits (e.g., number of contacts, emails sent, API calls). Excessive use may result in additional charges or service limitations. We reserve the right to enforce fair use policies to ensure platform stability.

6. Intellectual Property Rights

6.1 Our Rights

The Service and all associated intellectual property rights (including software, designs, trademarks, logos, and content) are owned by Leadsy or our licensors. These Terms do not grant you any ownership rights in the Service.

6.2 Limited Licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes, subject to these Terms.

6.3 User Content

You retain ownership of all content you upload, create, or transmit through the Service ("User Content"). By using the Service, you grant us a worldwide, royalty-free licence to:

• Host, store, and process your User Content
• Display User Content to you and your authorised users
• Make backups and copies as necessary to provide the Service
• Use anonymised, aggregated data for analytics and improvement purposes

6.4 Feedback

If you provide suggestions, ideas, or feedback about the Service, we may use such feedback without any obligation to you. You waive any rights to compensation or attribution for feedback provided.

7. Disclaimers and Warranties

7.1 Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

7.2 No Guarantee of Results

We do not guarantee that the Service will meet your requirements, achieve specific results, or generate particular outcomes. Results vary based on numerous factors beyond our control.

7.3 Third-Party Data

We rely on third-party data providers for lead information. We do not warrant the accuracy, completeness, or currency of third-party data. You are responsible for verifying data accuracy before use.

7.4 Availability

We strive for 99.9% uptime but do not guarantee uninterrupted access. The Service may be unavailable due to maintenance, updates, or circumstances beyond our control.

8. Limitation of Liability

8.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEADSY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

8.2 Liability Cap

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR AUD $100, WHICHEVER IS GREATER.

8.3 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law or other applicable laws that cannot be excluded, restricted, or modified by agreement.

9. Indemnification

You agree to indemnify, defend, and hold harmless Leadsy, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any third-party rights; or (e) your violation of applicable laws or regulations.

10. Termination

10.1 Termination by You

You may terminate your account at any time by contacting support or using the account cancellation feature. Termination does not entitle you to a refund of prepaid fees.

10.2 Termination by Us

We may suspend or terminate your account immediately if:

• You violate these Terms or our policies
• Your use poses security or legal risks
• You engage in fraudulent or illegal activities
• Your payment method fails or account becomes delinquent
• We discontinue the Service

10.3 Effect of Termination

Upon termination:

• Your right to access and use the Service immediately ceases
• We may delete your User Content after a 30-day grace period
• You remain liable for all charges incurred prior to termination
• Provisions that by their nature should survive (including indemnification, limitation of liability, and dispute resolution) will continue to apply

11. Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles. Any disputes arising out of or related to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in Sydney, New South Wales, Australia.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at legal@leadsy.com to attempt to resolve any dispute informally. We will work in good faith to resolve disputes within 30 days.

12.2 Arbitration

If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the Australian Dispute Centre arbitration rules. The arbitration shall be conducted in Sydney, New South Wales, in English. Each party shall bear its own costs.

12.3 Class Action Waiver

You agree to resolve disputes on an individual basis only. You waive any right to participate in class actions, class arbitrations, or representative proceedings.

13. Changes to Terms

We may modify these Terms at any time by:

• Posting updated Terms on our website
• Sending email notification to your registered email address
• Displaying a notification in the Service

Material changes will be effective 30 days after notification. Your continued use of the Service after changes become effective constitutes acceptance. If you do not agree to changes, you must terminate your account.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other referenced policies, constitute the entire agreement between you and Leadsy regarding the Service.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

14.5 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

14.6 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labour disputes, or internet service failures.

14.7 Export Compliance

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to government embargo or designated as a "terrorist supporting" country.

15. Contact Information

For questions or concerns about these Terms, contact us: