Terms of Service

1. Acceptance of Terms

By accessing or using No Luck Leads' services ("Services"), you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"), including any policies and agreements referenced herein. These Terms constitute a legally binding agreement between you and No Luck Leads, LLC ("Company," "we," "us," or "our").

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority, you must not accept these Terms and may not use the Services.

These Terms, together with our Privacy Policy, Cookie Policy, and Disclaimer, constitute the entire agreement between you and No Luck Leads regarding your use of the Services.

2. Description of Services

No Luck Leads operates a lead generation and publishing platform that generates and routes qualified customer calls and inquiries to insurance agencies, home services businesses, and real estate professionals. Our Services include:

• Lead generation through paid advertising campaigns on various platforms
• Real-time call routing to Client's designated phone numbers
• Lead qualification and quality verification
• Call recording and monitoring for quality assurance
• Performance reporting, analytics, and dashboards
• Customer support for technical, billing, and operational issues
• Marketing automation and CRM integration services
• Consulting and optimization services

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

3. Eligibility and Account Registration

3.1 Eligibility Requirements

To use our Services, you must:

• Be at least 18 years old and legally capable of entering into binding contracts
• Operate a legitimate business with all required federal, state, and local licenses and permits
• Maintain adequate general liability and professional liability (E&O) insurance coverage
• Not be barred from receiving services under the laws of the United States or any applicable jurisdiction
• Comply with all applicable laws and regulations, including but not limited to TCPA, TSR, CAN-SPAM, FCRA, and state-specific regulations

3.2 Account Information

You agree to provide accurate, current, and complete information during registration and to update such information to maintain its accuracy. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must immediately notify us of any unauthorized use of your account or any other security breach. We are not liable for any loss or damage arising from unauthorized use of your account.

4. Payment Terms

4.1 Pricing Structure

Clients are charged based on the pricing model agreed upon in their service agreement, which may include:

• Pay-Per-Call: Charges for calls meeting predetermined qualification criteria (e.g., minimum 90-second duration, genuine interest expressed, geographic match)
• Pay-Per-Lead: Charges for qualified lead form submissions
• Retainer/Flat Fee: Monthly or weekly flat rate for services
• Hybrid Models: Combination of the above pricing structures

4.2 Billing and Payment

• Invoices are issued weekly, bi-weekly, or monthly as specified in your service agreement
• Payment is due within 15 days of invoice date unless otherwise specified in writing
• We accept credit cards, ACH transfers, wire transfers, and other payment methods as agreed
• All fees are quoted in US dollars unless otherwise specified
• Prices do not include applicable taxes, which are your responsibility

4.3 Late Payment

• Late payments incur a 1.5% monthly interest charge (18% annually) or the maximum rate permitted by law
• We reserve the right to suspend Services for accounts 15+ days past due
• You are responsible for all costs of collection, including reasonable attorneys' fees
• We may report delinquent accounts to credit reporting agencies

4.4 Deposits and Prepayment

We may require a deposit or prepayment before activating Services, particularly for new Clients or high-volume campaigns. Deposits are credited against future invoices and are non-refundable except as provided in Section 5.

4.5 Price Changes

We reserve the right to adjust pricing with 30 days' written notice. Pricing changes apply to Services rendered after the effective date. If you disagree with a price change, you may terminate Services before the effective date without penalty.

5. Refund Policy

All refund determinations are at our sole discretion. We will review refund requests in good faith and respond within 10 business days.

6. Lead Quality and Disputes

6.1 Lead Quality Standards

We strive to deliver qualified leads that meet the following general criteria (specific criteria may vary by campaign):

• Caller/lead expresses genuine interest in Client's services
• Lead meets geographic targeting criteria
• For calls: minimum duration threshold met (typically 90 seconds)
• Lead is not a duplicate within the specified timeframe
• Lead is not from a competitor, solicitor, or wrong number

6.2 Dispute Process

If you believe a lead does not meet qualification criteria:

• Submit a dispute within 5 business days of receiving the lead
• Provide specific, detailed reasons why the lead should not be charged
• Reference call recordings (if available) to support your claim
• Disputes submitted after 5 business days may not be honored

We will review disputes in good faith and issue credits for leads that do not meet our quality standards. Our decision on disputes is final and binding.

7. Results Disclaimer

8. Client Responsibilities

8.1 Regulatory Compliance

You are solely responsible for ensuring your business operations comply with all applicable laws and regulations, including but not limited to:

• TCPA: Telephone Consumer Protection Act requirements for calling/texting leads
• TSR: Telemarketing Sales Rule compliance
• CAN-SPAM: Email marketing regulations
• FCRA: Fair Credit Reporting Act (if applicable to your industry)
• State Licensing: Maintain all required professional licenses
• State-Specific Regulations: Comply with state telemarketing and consumer protection laws
• Industry-Specific Rules: Insurance regulations, contractor licensing requirements, real estate laws, etc.

8.2 Call Handling Requirements

• Answer calls promptly during agreed business hours (recommended: within 3 rings)
• Maintain adequate staffing to handle call volume
• Provide professional, courteous service to all callers
• Notify us immediately of changes to phone numbers, hours, or availability
• Handle customer data in accordance with privacy laws
• Obtain necessary consents before recording calls or sending marketing communications

8.3 Insurance Requirements

You must maintain at minimum:

• General liability insurance: $1,000,000 per occurrence
• Professional liability/E&O insurance: As required by your industry
• Workers' compensation: As required by law

Upon request, you must provide certificates of insurance naming No Luck Leads as an additional insured.

8.4 Prohibited Conduct

You may not:

• Attempt to circumvent, manipulate, or game our call routing, tracking, or billing systems
• Share, resell, or redistribute leads without express written consent
• Use leads for any purpose other than marketing your services to the lead
• Engage in deceptive, fraudulent, or unlawful business practices
• Misrepresent your relationship with No Luck Leads
• Harass, threaten, or abuse leads or No Luck Leads staff
• Use Services for any illegal purpose
• Interfere with or disrupt our Services, servers, or networks

9. Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, software, data compilations, and the compilation thereof, are the exclusive property of No Luck Leads or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not:

• Copy, modify, distribute, sell, or lease any part of our Services
• Reverse engineer or attempt to extract the source code of our software
• Use our trademarks, service marks, or logos without written permission
• Remove any copyright or proprietary notices from our materials

10. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of the business relationship ("Confidential Information"), including but not limited to:

• Pricing, financial terms, and cost structures
• Business strategies, methods, and processes
• Customer data, lead information, and call records
• Technical systems, software, and algorithms
• Marketing strategies and campaign data

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed without use of Confidential Information; or (d) is rightfully obtained from a third party without restriction.

This confidentiality obligation survives termination of the agreement for a period of 3 years.

11. Limitation of Liability

11.1 Disclaimer of Warranties

11.2 Limitation of Damages

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless No Luck Leads, LLC, its officers, directors, employees, agents, affiliates, successors, assigns, licensors, and service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your violation of these Terms or any applicable law or regulation
• Your violation of any rights of a third party, including intellectual property, privacy, or publicity rights
• Your business practices, operations, or treatment of customers/leads
• Any claim arising from your follow-up with leads (including TCPA, TSR, or state telemarketing law violations)
• Any claim that your use of Services infringes third-party rights
• Your negligence, willful misconduct, or fraud
• Any misrepresentation made by you
• Your failure to comply with insurance or licensing requirements

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate fully with our defense of any such claim. You will not settle any claim without our prior written consent.

13. Term and Termination

13.1 Term

These Terms begin when you first access or use our Services and continue until terminated by either party as provided herein, unless a specific term is set forth in a separate service agreement.

13.2 Termination by Client

You may terminate Services by providing 30 days' written notice via email. You remain responsible for all charges incurred before the effective date of termination. No refunds will be issued for unused prepaid amounts unless otherwise stated in your service agreement.

13.3 Termination by Company

We may suspend or terminate your access to Services immediately, without prior notice or liability, for any reason, including but not limited to:

• Non-payment of fees
• Violation of these Terms
• Fraudulent, illegal, or abusive activity
• Conduct that may harm our reputation, operations, or other clients
• Failure to maintain required licenses or insurance
• Excessive or bad faith disputes
• At our sole discretion for any other reason

13.4 Effect of Termination

Upon termination:

• Your right to use Services immediately ceases
• All outstanding fees become immediately due and payable
• You must pay for all leads/calls delivered prior to termination
• We may delete your account data after a reasonable period (typically 90 days)

Sections 5, 7, 9, 10, 11, 12, 14, 15, and 16 survive termination.

14. Dispute Resolution and Governing Law

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Texas.

14.2 Mandatory Arbitration

Exceptions to arbitration:

• Claims for injunctive or equitable relief
• Disputes involving intellectual property rights
• Small claims court actions (within jurisdictional limits)

14.3 Class Action Waiver

YOU AGREE THAT ANY CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

14.4 Time Limitation

Any claim arising out of or relating to these Terms or the Services must be filed within ONE (1) YEAR after the cause of action arose, or it shall be forever barred.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last updated" date at the top of these Terms
• For material changes, we will notify you by email at least 30 days before the changes take effect
• We may also post a notice on our website

Your continued use of Services after changes become effective constitutes acceptance of the modified Terms. If you disagree with any changes, you must stop using the Services and terminate your account.

16. General Provisions

16.1 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, labor disputes, government actions, telecommunications failures, power outages, cyberattacks, or pandemic/epidemic events.

16.2 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, Disclaimer, and any service agreements, constitute the entire agreement between you and No Luck Leads regarding your use of the Services and supersede all prior agreements, understandings, negotiations, and discussions, whether written or oral.

16.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of No Luck Leads.

16.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without your consent in connection with a merger, acquisition, or sale of assets.

16.6 Independent Contractors

The relationship between you and No Luck Leads is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.

16.7 Notices

All notices under these Terms must be in writing and will be deemed given when: (a) delivered personally; (b) sent by confirmed email; (c) sent by certified mail, return receipt requested; or (d) sent by nationally recognized overnight courier. Notices to us should be sent to the address in Section 17.

17. Contact Information

For questions about these Terms of Service, please contact us:

18. Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS, TOGETHER WITH THE PRIVACY POLICY, COOKIE POLICY, AND DISCLAIMER, REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND NO LUCK LEADS AND SUPERSEDE ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND NO LUCK LEADS RELATING TO THE SUBJECT MATTER OF THESE TERMS.