Terms of Service

Effective Date: January 1, 2025

Welcome to Leadmark.io. These Terms of Service ("Terms") govern your use of our website and services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

1. Acceptance of Terms

By accessing and using Leadmark.io services, you accept and agree to be bound by the terms and provision of this agreement. If you are using our services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms.

2. Description of Services

Leadmark.io provides cold email infrastructure setup, email automation configuration, lead generation services, and related consulting services (collectively, the "Services"). Our Services include but are not limited to:

• Email server infrastructure setup and configuration
• Domain and DNS configuration (SPF, DKIM, DMARC)
• Email warming and deliverability optimization
• Campaign setup and management
• Lead generation and data enrichment
• Copywriting and email template creation
• Training and consulting services

3. User Accounts and Registration

3.1 Account Creation

To use certain Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities that occur under your account
• Immediately notify us of any unauthorized use of your account

3.2 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms or engage in any fraudulent, abusive, or illegal activity.

4. Service Packages and Pricing

4.1 Service Packages

We offer various service packages as described on our website. Package details, including features and pricing, are subject to change with notice.

4.2 Payment Terms

• All fees are due upon receipt of invoice unless otherwise specified
• Setup fees are one-time charges paid upfront
• Recurring services are billed monthly or annually as agreed
• All payments are non-refundable except as provided in our refund policy
• You are responsible for all applicable taxes

4.3 Additional Costs

You acknowledge that our service fees do not include:

• Domain registration costs
• Email hosting server costs
• Third-party tool subscriptions (Instantly, Smartlead, etc.)
• Any other third-party services or tools

5. Refund Policy

6. Service Level and Performance

6.1 Service Delivery

We commit to:

• Complete initial setup within 48 hours of receiving all required information
• Respond to support requests within 2 business hours during business hours (Mon-Fri, 9am-6pm EST)
• Provide services with professional skill and care

6.2 Performance Disclaimer

While we strive for optimal results, we cannot guarantee specific outcomes such as:

• Specific open rates or response rates
• Number of leads generated
• Revenue or sales results
• Email deliverability rates (as these depend on multiple factors beyond our control)

Results vary based on factors including but not limited to list quality, offer quality, market conditions, and compliance with best practices.

7. Acceptable Use Policy

7.1 Compliance Requirements

You agree to use our Services in compliance with all applicable laws and regulations, including:

• CAN-SPAM Act (United States)
• GDPR (European Union)
• CASL (Canada)
• All other applicable anti-spam and data protection laws

7.2 Prohibited Activities

You agree NOT to use our Services to:

• Send spam or unsolicited bulk emails
• Send emails to purchased, rented, or harvested email lists without proper consent
• Transmit any unlawful, harassing, defamatory, abusive, threatening, or harmful material
• Violate any third-party rights, including privacy and intellectual property rights
• Distribute malware, viruses, or other harmful code
• Engage in any fraudulent or deceptive practices
• Impersonate any person or entity
• Use the services for any illegal purpose

7.3 Email Best Practices

You agree to follow email marketing best practices, including:

• Only sending emails to recipients who have a legitimate interest in your products or services
• Including accurate sender information and subject lines
• Providing clear unsubscribe mechanisms
• Honoring unsubscribe requests promptly
• Maintaining clean and updated email lists

8. Intellectual Property Rights

8.1 Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, and software, are owned by Leadmark.io and are protected by copyright, trademark, and other intellectual property laws.

8.2 Your Content

You retain ownership of any content you provide to us. By providing content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and modify your content solely for the purpose of providing our Services.

8.3 Deliverables

Upon full payment, you own the deliverables we create specifically for you (such as email templates and copy). We retain the right to use generic templates, methodologies, and know-how developed during our engagement.

9. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of our engagement. This obligation survives the termination of these Terms.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEADMARK.IO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability for any claim arising out of or relating to these Terms or our Services shall not exceed the amount paid by you to us in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Leadmark.io, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with:

• Your access to or use of our Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you provide
• Your email marketing activities

12. Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• Our Services will meet all of your requirements
• Our Services will be uninterrupted, timely, secure, or error-free
• The results obtained from using our Services will be accurate or reliable
• Any errors in the Services will be corrected

13. Third-Party Services

Our Services may integrate with or depend on third-party services (such as Instantly, Smartlead, domain registrars, email providers). We are not responsible for the availability, accuracy, or reliability of these third-party services. Your use of third-party services is governed by their respective terms and conditions.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on our website and updating the "Effective Date" above. Your continued use of our Services after such modifications constitutes your acceptance of the updated Terms.

15. Termination

15.1 Termination by You

You may terminate your use of our Services at any time by providing written notice to us. Termination does not entitle you to any refunds unless covered by our refund policy.

15.2 Termination by Us

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

15.3 Effect of Termination

Upon termination:

• Your right to use our Services will immediately cease
• You must cease all use of our Services
• All provisions of these Terms that should survive termination will survive

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Delaware.

17. Dispute Resolution

Any dispute arising out of or relating to these Terms or our Services shall first be attempted to be resolved through good faith negotiations. If the dispute cannot be resolved through negotiation within 30 days, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.

18. Severability

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

19. Entire Agreement

These Terms constitute the entire agreement between you and Leadmark.io regarding our Services and supersede all prior agreements and understandings.

20. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

21. Contact Information