Terms of Service

By accessing or using any services provided by FreshLeadsToday, LLC ("FreshLeadsToday," "we," "us," or "our"), including our website, lead products, and any related services (collectively, the "Services"), you ("Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

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

"Lead Data" means consumer records, contact data, and buyer-intent signals made available through the Services.

"Order" means any electronic purchase or subscription confirmation specifying the lead type, geography, volume, and pricing applicable to Customer.

To use certain features of the Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the security and confidentiality of your login credentials.
• Promptly notify us of any unauthorized use of your account.
• Accept responsibility for all activities that occur under your account.

FreshLeadsToday reserves the right to suspend or terminate accounts that violate these Terms, contain inaccurate information, or pose security risks.

FreshLeadsToday sells fresh, geographically targeted B2C sales leads across multiple verticals. Leads are sourced from third-party data providers and delivered to the email address on your account, typically at 8 AM local time. A free zip-code count check is provided for convenience only and does not guarantee lead volume, availability, or quality.

You agree to use Lead Data obtained through the Services solely for your own lawful, internal business purposes, including marketing, sales outreach, and analytics. You shall NOT:

• Use Lead Data for any purpose that violates applicable federal, state, or local laws, including but not limited to the Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and state privacy laws.
• Use Lead Data for credit, insurance, employment, housing, or tenant screening decisions.
• Resell, sublicense, or redistribute Lead Data to third parties without our prior written consent.
• Use Lead Data to stalk, harass, discriminate against, or harm any individual.
• Attempt to re-identify anonymized or aggregated data beyond the intended scope.

Lead Data is NOT a consumer report under the FCRA and may not be used as such.

You are solely and exclusively responsible for ensuring that your use of the Services and Lead Data complies with all applicable laws and regulations. FreshLeadsToday makes no representation that any particular use of Lead Data is lawful in your jurisdiction or industry, and nothing we provide constitutes legal advice. Your obligations include, without limitation:

• CAN-SPAM Act — You must comply with all requirements for commercial email, including honoring opt-out requests within 10 business days.
• TCPA — You must obtain proper prior express consent before making telemarketing calls or sending text messages using Lead Data.
• Do Not Call (DNC) — You must scrub Lead Data against federal and state Do Not Call registries before initiating telemarketing.
• CCPA/CPRA and state privacy laws — You must provide required notices, honor consumer opt-out and deletion requests, and maintain appropriate data processing practices in every jurisdiction where you operate, including California, Virginia, Colorado, Connecticut, and Utah.
• Industry rules — You are responsible for any licensing, disclosure, or conduct rules applicable to your profession (including real estate, legal, financial, medical, home services, and retail marketing rules).

Failure to comply with applicable laws may result in immediate suspension or termination of your account without refund, and you bear all legal responsibility for your outreach.

Payment Terms. All fees are due at the time of purchase or in accordance with the billing cycle of your subscription. You authorize us to charge the card on file for one-time purchases and recurring daily subscriptions.

No Refund Policy. All fees and payments made to FreshLeadsToday are final and non-refundable, including unused portions of a billing period, cancellations, downgrades, dissatisfaction with the Services, or account suspension or termination for breach of these Terms. Exceptions may be made only where required by applicable law.

Promotional Trials. Where a promotion grants a free trial or free leads, the card on file is charged the package price at the end of the promotional period unless you cancel first. One promotion per customer.

Taxes. All fees are exclusive of applicable taxes, which are your responsibility.

Price Changes. We may modify pricing with at least 30 days' prior written notice; changes take effect at the start of the next billing cycle.

The Services, website, underlying technology, and all related intellectual property are and remain the exclusive property of FreshLeadsToday, LLC. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services and purchased Lead Data for your internal business purposes.

THE SERVICES AND LEAD DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE." FRESHLEADSTODAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted or error-free, that Lead Data will be accurate, complete, or current, or that any lead will convert into business.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FRESHLEADSTODAY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO FRESHLEADSTODAY, LLC THROUGH THE PLATFORM.

You agree to fully indemnify, defend, and hold harmless FreshLeadsToday, LLC, its members, managers, officers, directors, employees, agents, successors, and affiliates (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, investigations, liabilities, damages, judgments, settlements, losses, fines, penalties, costs, and expenses of any kind — including all attorneys' fees, legal costs, and costs of collection, whether or not a lawsuit is filed — arising out of or related to: (a) your use of the Services or Lead Data, including any call, text, email, or other outreach you make using Lead Data; (b) your violation of these Terms; (c) your violation of any applicable law or regulation, including marketing, privacy, telemarketing, consumer-protection, and professional-conduct laws; (d) your infringement or violation of any third-party rights; and (e) any claim by any consumer, regulator, or third party arising from your conduct.

You are required to pay the legal fees and costs of the Indemnified Parties as they are incurred, including fees incurred in enforcing this indemnification provision itself. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defense. This obligation survives termination of these Terms and your account.

These Terms are effective upon your first use of the Services and continue until terminated. We may terminate or suspend your access immediately if you breach these Terms, fail to pay fees when due, or use the Services in violation of applicable law. Upon termination, your right to access the Services ceases and you must destroy all copies of Lead Data in your possession.

We may modify these Terms at any time by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after the effective date of any modification constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Class Action Waiver. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

These Terms, together with any applicable Order and our Privacy Policy, constitute the entire agreement between the parties. If any provision is found unenforceable, the remaining provisions continue in full force. No failure or delay in exercising any right constitutes a waiver. You may not assign these Terms without our prior written consent. Neither party is liable for failures caused by events beyond its reasonable control.