Terms of Service

LeadResponse.ai is a product of Leadforms LLC, doing business as LeadCapture.io and LeadResponse.ai (“LR,” “we,” “us”). These Terms of Service (this “Agreement”) govern your access to and use of the LeadResponse.ai website (the “Site”) and the LeadResponse services (the “Services”). Use of the Site and/or the Services, and any or all of their features, in any fashion, including without limitation the use of any AI voice calling, lead response, and data processing functionalities, shall be deemed acceptance and agreement with these Terms. This Agreement applies to you, whether you are an individual or an entity acting by or through you as its authorized representative, or whether you represent, act or purport to represent or act for or on behalf of another person or entity, or yourself alone.

You understand that by accessing or using the Site or Services, you are agreeing to comply with and be bound by the terms and conditions contained in this Agreement, which also incorporate LR’s Privacy Policy.

IMPORTANT NOTICE: THESE TERMS CONTAIN AN ARBITRATION PROVISION, WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS AGAINST LR TO BINDING AND FINAL ARBITRATION IN THE UNITED STATES. IN ADDITION, UNDER THE ARBITRATION AGREEMENT, (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST LR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

The Services place outbound telephone calls to sales leads on your behalf using AI-powered voice response agents, typically within about 60 seconds of a lead submission you deliver to us. The Services’ main function is to respond to inquiries submitted by users of online properties controlled and operated by you (collectively, your “End-Users”), and to provide features designed to assist with key tasks such as lead qualification against scripts you configure, appointment booking, live call transfers to your team, voicemail delivery, retry scheduling, inbound callback answering, call recording and transcription, and reporting.

The Services include tools intended to assist with compliance efforts (but NOT guarantee compliance) by allowing users to capture and store consent details relevant to regulations such as the TCPA, CCPA, and GDPR, and by enforcing calling-hour windows, Do Not Call suppression, and suppression logging; users remain responsible for ensuring their overall compliance.

Speed-to-lead only. The Services are built exclusively for responding to fresh, consented inbound inquiries. You may not use the Services for cold outbound calling, purchased contact lists lacking valid consent, database reactivation, or any campaign directed at people who have not recently and knowingly requested contact from your business.

AI disclosure. Our agents identify themselves as AI assistants on calls. You may not configure or instruct an agent to claim to be human, and we may refuse or revert configurations that attempt to do so.

You also understand that from time to time, particularly for business account owners, there might be specific features, pricing, or deliverables that are provided by and through an additional or separate set of contractual terms and conditions, in addition to this Agreement.

This Agreement applies to all users of the Site and the Services. LR may make changes to this Agreement from time to time without specifically notifying you. LR will post the latest Agreement on the Site, but it is up to you to review it before using the Site or Services. If you continue to use the Site or Services after any of these changes, your continued use will mean that you have accepted any changes to the Agreement. In addition, some services offered through the Site and the Services may be subject to additional terms and conditions specified by LR from time to time, and your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

By creating an account on our Services, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Access to the Services is billed as a recurring platform subscription (“Platform Fee”), invoiced in advance on a monthly basis (“Billing Cycle”). The Platform Fee may be waived or discounted for a promotional period as agreed during onboarding. At the end of each Billing Cycle, your subscription will automatically renew under the exact same conditions unless you cancel it or LR cancels it. You may cancel your subscription renewal either through your online account management page or by contacting customer support; cancellation is effective at the end of the current Billing Cycle.

Usage of the Services is paid through a prepaid credit balance (“Wallet”) that you fund in advance. Your Wallet is deducted only for “connected calls.” A connected call is a live conversation between our agent and a lead, or the first delivered voicemail per lead. Unanswered attempts, busy or failed dials, retries, repeat voicemails, and inbound callbacks are never deducted. If your Wallet balance cannot cover the next connected call, outbound outreach pauses until funds are added; inbound leads continue to be accepted and queued. You may optionally enable automatic Wallet refills from your saved payment method. Current rates are published on the pricing page. Telephone numbers, carrier registrations, and similar telecom items may be provisioned on your behalf as part of the Services.

A valid payment method, including a credit card, is required to process payment for your Subscription. You shall provide LR with accurate and complete billing information. By submitting such payment information, you automatically authorize LR to charge all Platform Fees, Wallet top-ups you initiate or enable (including automatic refills), and other fees incurred through your account to any such payment instruments. Should automatic billing fail for any reason, LR will issue an electronic invoice indicating that you must proceed manually within a specified deadline date with the full payment corresponding to the billing period.

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

Certain refund requests for Subscriptions may be considered by LR on a case-by-case basis; however, LR is under no obligation to grant any refund. Any refund determination will be made and granted at the sole and absolute discretion of LR and may be withheld in its entirety for any reason.

As part of our Services, LR offers concierge onboarding, agent and call-flow configuration, script recommendations, and integration assistance. Timelines and deliverables for such services are estimates, are subject to the complexity and scope of the request as determined by LR, and may be affected by factors such as incomplete information, technical issues, or third-party system availability. LR will make reasonable efforts but does not guarantee timelines. You agree to indemnify and hold harmless LR, its employees, contractors, agents, and affiliates from any claims, damages, losses, liabilities, or expenses (including attorney’s fees) arising from issues with configurations built at your direction, time lost due to delays in implementing configurations or integrations, or decreases in contact, qualification, or booking rates alleged to result from our configuration services or recommendations. LR is not liable for outcomes dependent on third-party systems, user-provided data, or external factors beyond our control.

When you use the Site or the Services you may be requested to provide LR certain registration and account information, which LR will rely on to provide its products and services. You agree that: you will register your account for your own use and not for the use of another person, alter ego, or other identity; you will create only one account for yourself; you will not assign or transfer your account to anyone without first getting LR’s written consent; you will not provide false or misleading information when you register an account; if LR terminates or disables your account, you may not create another account without first getting LR’s written consent; you will keep your contact and other information requested by LR accurate and up-to-date; and you will not share your password, let anyone other than you access your account, or do anything that might compromise the security of your account. If you select a username, LR reserves the right to remove or reclaim it for any reason.

“Confidential Information” means any information disclosed directly or indirectly by one party (“Disclosing Party”) to the other party (“Receiving Party”) pursuant to these Terms that is either designated as “confidential” or under the circumstances of disclosure or by the nature of the information itself should be reasonably understood by the Receiving Party to be the confidential information of the Disclosing Party. Confidential Information does not include information which (a) is or becomes generally known and available to the public through no act or omission of the Receiving Party; (b) was already in the Receiving Party’s possession at the time of disclosure, as shown by contemporaneous records; or (c) is lawfully obtained from a third party with the right to disclose it. Each party will protect the other’s Confidential Information with reasonable care and use it only as needed to perform under this Agreement. LR may identify you as a customer in its marketing unless you ask us not to in writing.

LR is committed to delivering a positive user experience and you understand that LR reserves the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or through the Site and the Services in its sole discretion, without notice. We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Site and the Services (in whole or in part) without notice.

LR does not guarantee that your End-Users will answer calls, keep appointments, or have opted in for communications. You are responsible for reviewing, modifying, and/or objecting to the content of any scripts, prompts, or messages used as part of the Services on your behalf, and you must ensure that your campaigns comply with all applicable laws, regulations, and guidelines. LR is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from the use of the Services to contact your End-Users.

You understand that you may not use the Site or the Services where such use is prohibited. The Site and the Services are intended solely for users who are eighteen (18) years of age or older and can legally form a binding agreement. Any use of or access to the Site or the Services by anyone under 18 is unauthorized. You represent and warrant that you are 18 or older. LR does not knowingly collect information from individuals who are less than eighteen (18) years of age.

While LR respects its users, you agree that LR may terminate your use of the Site and/or the Services and prohibit you from accessing the Site and/or the Services, for any reason (including, without limitation, your violation of this Agreement, your use of the Site and Services for unlawful or inappropriate purposes, or conduct that risks the integrity of our calling infrastructure or carrier relationships, in each case as determined by LR in its sole discretion), or no reason, and with or without notice.

Copyright. The Site and Services contain and may make available certain images, photographs, copy, text, layouts, templates, call flows, artwork, graphics, illustrations, logos, photos, audio, voices, video, fonts, software tools, trademarks, service marks, and other materials and content (collectively, “LR Content”). All LR Content is the intellectual property of LR or of parties from which LR has licensed or otherwise acquired rights. You are prohibited from selling, licensing, renting or leasing, modifying, retaining, copying, reproducing, distributing, publishing, or otherwise using any portion of the LR Content except as expressly allowed in this Agreement.

Trademarks. You agree that LeadResponse, LEADRESPONSE.AI, LeadCapture, LEADCAPTURE.IO, and other LR graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of LR or its affiliates, and may not be used in connection with any product or service that is not LR’s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits LR.

Limited License. LR grants you a limited license to access and make business use of the Site and the Services during your Subscription. LR does not grant you the right to download (other than page caching) or modify the Site and the Services, or any portion of them. You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering of the Services. Recordings and transcripts of your own campaigns’ calls are yours to use for your business purposes; you grant LR the license needed to process, store, and analyze them to provide and improve the Services.

End-Users Data. In order to utilize the Services, you will supply or make available to us information regarding the applicable End-Users (collectively, “End-Users Data”). You acknowledge that our provision of the Services is conditioned upon our receipt of correct and accurate End-Users Data. You are solely responsible for the End-Users Data. You hereby represent and warrant that the End-Users Data, your provision of the End-Users Data, and our use and disclosure of the End-Users Data in accordance with these Terms (including LR’s Privacy Policy) does not violate any third-party rights or any laws, regulations, or obligations imposed by any third party.

Call recording consent. The Services record and transcribe calls placed and received on your behalf. Call recording laws vary by state, and some states require the consent of all parties to a call. You are solely responsible for ensuring that recording of calls with your End-Users is lawful in the jurisdictions where they are located, including obtaining any required consent (for example through your lead form’s consent language and/or an in-call disclosure, which the Services can play on request or via your campaign settings).

U.S. telecommunications carriers require compliance with registration frameworks including A2P 10DLC (for SMS) and voice trust programs (such as SHAKEN/STIR attestation and branded caller identity) to ensure communications delivered to U.S. End-Users are properly authorized, transparent, and consent-based. By accepting these Terms and using the Services, you acknowledge and agree that: you are solely responsible for the accuracy, completeness, and legality of all information submitted in connection with your registrations; you agree to provide LR with links to, or copies of, your website terms and conditions, privacy policy, and any other documentation required for registration; you consent to act as the authorized representative for your company and to receive all notices relating to your registrations; you agree to use only those telephone numbers that are registered and approved for your brand and business; you acknowledge that using a telephone number outside of its approved or registered use case may result in penalties, including reduced trust scores, suspension or termination of registrations, interruption of service, and potential legal or regulatory consequences; and you agree to promptly inform LR of any changes to your registration information.

You may not use the Services to collect, store, or process any Sensitive Personal Information or other categories of restricted data unless expressly authorized in writing by LR. “Sensitive Personal Information” includes, but is not limited to: Social Security numbers or other government-issued identification numbers; bank account numbers, credit card numbers, or other financial account details (outside of billing information you provide directly to us); health or medical information subject to HIPAA, or any other health-related data; biometric data; and any information considered sensitive under applicable privacy or data protection laws (e.g., GDPR, CCPA, GLBA).

You are strictly prohibited from using the Services to collect data intended for use in consumer credit determinations, employment eligibility, insurance underwriting, or housing decisions. The Service is not a consumer reporting agency, and you agree not to collect, store, or process any information that would cause the Service or Leadforms LLC to be characterized as such under the Fair Credit Reporting Act (FCRA). Any use of the Services in violation of this section is strictly prohibited and may result in immediate termination of your account.

General compliance. It is your responsibility to make sure this Agreement and your use of the Site and Services complies with all laws applicable to you. You shall adhere to all national, state, and local statutes, decrees, rules, and authoritative mandates pertinent to these Terms and your utilization of the Services, including all U.S. telecommunications laws and regulations (including FCC mandates), all relevant U.S. marketing laws (including the CAN-SPAM Act, the TCPA, and the Telemarketing Sales Rule), state telemarketing and call-recording statutes, and all U.S. data protection and privacy laws applicable to your operations.

TCPA compliance. The federal Telephone Consumer Protection Act (the “TCPA”) provides safeguards for consumers against unsolicited telephone calls or text messages. When you directly furnish End-User contacts to our Services, you explicitly assert and warrant that you have secured every necessary opt-in from those End-User contacts - including prior express written consent to be contacted by automated technology and artificial or prerecorded voices where required - in accordance with pertinent statutes and regulations, including the TCPA. You accept complete accountability for obtaining the requisite opt-ins for your End-Users and for defending and holding LR harmless (indemnifying LR) in alignment with these Terms, should you fail to secure opt-ins when required by law or requested by the Services. You understand and agree that while the Services are designed to facilitate and assist with compliance under the TCPA, in no manner have the Services been warranted to you as guaranteeing such outcomes or compliance, or relieving you of your own responsibilities.

No FCRA characteristics. You understand and agree that LR is not a consumer reporting agency as defined by the Fair Credit Reporting Act, 15 U.S.C. §1681 et seq. (“FCRA”), and that the Service does not include “consumer reports” as defined in the FCRA.

Our Services are strictly intended for use only within the United States and are maintained by LR from U.S. offices. The Services, their software, and their technology are subject to United States export control regulations.

NEITHER LR NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS INFORMATION, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF LR OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO THESE TERMS, ANY ORDER, OR YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE, THE SERVICE, OR ANY CONTENT.

THE MAXIMUM TOTAL LIABILITY OF LR TO YOU FOR ALL CLAIMS OR DAMAGES ARISING UNDER OR RELATING TO THESE TERMS OR THE ORDERS, OR OTHERWISE RELATING TO THE SITE, THE SERVICE, OR ANY CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE TOTAL FEES, IF ANY, PAID BY YOU FOR YOUR ACCESS TO AND USE OF THE SITE OR THE SERVICE IN THE SIX MONTHS PRECEDING THE APPLICABLE CLAIM. IF A COURT FINDS THE MAXIMUM TOTAL LIABILITY UNDER THE PREVIOUS SENTENCE UNENFORCEABLE, THE MAXIMUM TOTAL LIABILITY OF LR TO YOU WILL NOT EXCEED $50.

YOUR USE OF THE SITE AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, IS AT YOUR SOLE RISK. THE SITE, THE SERVICE, AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE SITE, THE SERVICE, AND THE CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND ACCURACY.

You agree to indemnify, defend and hold harmless LR, its licensors, suppliers, and their/our respective directors, officers, employees, agents, affiliates, successors and assigns, from and against any and all third-party claims, actions, damages, losses, liabilities, costs (including reasonable attorneys’ fees) and other expenses that arise from or relate to your use of our Services, your breach of these Terms, your failure to obtain your End-Users’ opt-ins or call-recording consent, any breach or inaccuracy related to your A2P 10DLC, carrier registration, FCRA, or TCPA compliance obligations, or from any data or communications you submit, post or transmit to or through our Services.

Subject to the arbitration clauses included below, if there is any dispute arising out of the Site and/or the Services, by using the Site and/or the Services, you expressly agree that any such dispute shall be governed by the laws of the State of Pennsylvania, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Pennsylvania, in Delaware County, for the resolution of any such dispute.

You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights and/or claims by LR regarding any underpayment or non-payment by you (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

You agree any arbitration shall take place in Delaware County, Pennsylvania in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. You agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any sale under these Terms.

LeadResponse.ai sends text messages in two forms: (a) operational alerts to business users and their team members who add their numbers in the dashboard (appointment-booked alerts, live-transfer alerts, voicemail and missed-callback notices), and (b) follow-up text conversations with consumers who submitted an inquiry form and consented to be contacted, sent on behalf of the business they contacted.

Message frequency varies based on activity. Message and data rates may apply, depending on your mobile carrier's plan. Carriers are not liable for delayed or undelivered messages.

You can cancel at any time by texting STOP, after which you will receive one confirmation message and no further messages. For assistance, text HELP or contact us at support@leadresponse.ai. See our Privacy Policy for how mobile information is handled: no mobile information is shared with third parties or affiliates for marketing or promotional purposes.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. LR may assign its rights under this Agreement without condition.

Leadforms LLC (LeadResponse.ai, a LeadCapture.io product) · support@leadcapture.io