LEAD CHAMP PRO LLC
TERMS OF SERVICE
Last Updated: April 18, 2026
1. Agreement to These Terms.
These Terms of Service (“Terms”) constitute a legally binding agreement between you, whether individually or on behalf of a business entity (“you,” “your,” or “User”), and Lead Champ Pro LLC (“LCP,” “we,” “us,” or “our”), a limited liability company organized under the laws of the State of Georgia, United States.
LCP operates the website located at https://leadchamppro.com and provides a cloud-based customer relationship management platform, artificial intelligence-powered booking assistant, messaging and dialing tools, lead management tools, and related services (collectively, the “Services”).
By creating an account, accessing, or using the Services, you agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately discontinue use of the Services and close your account.
You represent and warrant that:
(a) you are at least eighteen (18) years of age;
(b) you hold a valid and current insurance producer, broker, or agent license issued by the appropriate state regulatory authority in each state where you conduct insurance business;
(c) you have the legal capacity and authority to enter into these Terms; and
(d) if you are entering into these Terms on behalf of a business entity, you have the authority to bind that entity to these Terms.
The Services are designed exclusively for use by licensed insurance agents, brokers, and their authorized staff members acting in a business capacity. The Services are not intended for use by individual consumers, minors, or unlicensed persons.
Contact Information:
Lead Champ Pro LLC
4965 Bay Circle
Cumming, GA 30041, United States
Email: [email protected]
Phone: +1 (564) 465-6329
2. Description of Services.
Lead Champ Pro is a CRM platform designed for licensed insurance agents and brokers. The Services consist of the following categories:
(a) CRM, pipeline management, and lead tracking tools for managing leads, clients, and policy opportunities;
(b) AI-powered booking assistant and appointment-setting functionality (the “AI Engine”), including automated and manual messaging via SMS, MMS, and voice calling;
(c) Workflow automations, campaign management, dialing tools, and reporting; and
(d) Integrations with third-party lead marketplaces, telephony providers, dialers, and other third-party platforms.
LCP may make additional features and tools available from time to time. The Services are digital in nature, hosted in the cloud, and fully delivered upon activation of your account. No physical goods are shipped or delivered.
2.1. Platform Role and Limitations.
LCP is a technology provider only. LCP does not act as an insurance company, insurance agency, managing general agent, broker, producer, or financial advisor. LCP does not sell, solicit, negotiate, bind, or service insurance policies. LCP does not provide insurance advice, financial advice, legal advice, or compliance advice.
The Services are not designed or intended to be used for the electronic execution, signing, or submission of insurance applications, policy documents, or any other legally binding documents. Any such activity must occur outside the platform and is entirely your responsibility.
The Services are not tailored to comply with the Health Insurance Portability and Accountability Act (“HIPAA”), the Federal Information Security Modernization Act (“FISMA”), or similar regulations. You shall not store, upload, transmit, or process any protected health information as defined under HIPAA, or any medical or health-related information, through the Services. You may not use the Services in a manner that would violate the Gramm-Leach-Bliley Act (“GLBA”).
You are solely responsible for ensuring that your use of the Services complies with all applicable federal, state, and local laws, rules, and regulations, including insurance licensing regulations, insurance marketing and advertising regulations, data privacy laws, consumer protection statutes, telemarketing laws, and any requirements imposed by your state department of insurance or other regulatory body.
3. Account Registration and Security.
To access the Services, you must create an account and provide truthful, accurate, and complete registration information, including your full legal name, business name, valid insurance license number, state(s) of licensure, email address, and payment information. You agree to promptly update your account information if it changes.
You are solely responsible for maintaining the confidentiality of your account credentials, including your password and any authentication tokens or keys. You are responsible for all activity that occurs under your account, whether or not authorized by you. You must notify us immediately at [email protected] if you suspect any unauthorized use of your account or any other security breach.
We reserve the right to verify your insurance license status at any time. If we determine that your license has lapsed, been suspended, or been revoked, we may suspend or terminate your account immediately.
We reserve the right to suspend or terminate any account, reclaim any username, or deny access to the Services at our sole discretion, including for violation of these Terms.
4. Subscriptions, Billing, and Payment.
4.1. Subscription Structure.
The Services are offered on a month-to-month subscription basis. There are no long-term contracts and no free trial. Your subscription will automatically renew at the end of each monthly billing cycle unless you cancel in accordance with Section 5. Your first subscription charge will be processed at the time of account activation.
4.2. Recurring Billing Authorization.
By subscribing to the Services, you expressly authorize Lead Champ Pro LLC to charge your designated payment method on a recurring monthly basis at the then-current subscription rate, plus any applicable usage fees described in Section 4.7, without requiring additional approval for each recurring charge, until you cancel your subscription through one of the approved methods described in Section 5. This constitutes your affirmative consent to recurring billing. You waive any right to claim that a recurring charge was unauthorized solely because you forgot to cancel, did not log in, or did not actively use the Services during a billing cycle.
4.3. Payment Methods.
We accept Visa, Mastercard, American Express, and Discover. All payments are processed in United States dollars. You agree to provide current, complete, and accurate billing information and to promptly update your payment method if it changes or expires. You authorize LCP to verify your payment method at the time of account creation and periodically thereafter.
4.4. Price Changes.
We may adjust subscription fees from time to time. Any price change will be communicated to you via email at least fifteen (15) days before the start of your next billing cycle. Your continued use of the Services after a price change takes effect constitutes acceptance of the new pricing. If you do not agree to the new pricing, your sole remedy is to cancel your subscription in accordance with Section 5 before the new pricing takes effect.
4.5. Failed Payments.
If a payment fails for any reason, we may reattempt the charge up to three (3) additional times and may suspend your access to the Services until payment is successfully processed. You remain responsible for any uncollected amounts. If we are unable to collect payment after reasonable attempts, we may terminate your account and refer the unpaid balance to a collections agency. You agree to pay all costs of collection, including reasonable attorneys’ fees, if applicable.
4.6. Commencement of Digital Services.
The Services are digital in nature and access commences immediately upon activation of your account. Your subscription term and billing cycle begin as of the date of account activation, regardless of whether you choose to log in, configure, or actively use the Services after activation.
4.7. Usage-Based Fees and Third-Party Telephony Costs.
In addition to your monthly subscription fee, the Services rely on third-party telephony and messaging providers (collectively, “Telephony Providers”) to deliver SMS, MMS, voice calling, and related messaging and dialing functionality. All usage-based costs incurred through these Telephony Providers — including per-message fees, per-minute calling fees, phone number rental fees, carrier surcharges, regulatory fees, and any other charges imposed by the Telephony Providers — are passed through to you and are your sole responsibility. These usage fees are separate from and in addition to your monthly subscription fee.
Usage fees will be billed as they accrue and may be charged to your designated payment method on a recurring basis, which may differ from your monthly subscription billing cycle. You authorize LCP to charge your payment method for all usage fees as they are incurred or on a periodic basis as determined by LCP.
LCP does not control the pricing, terms, or service quality of the Telephony Providers. Changes to Telephony Provider pricing may be reflected in your usage fees without advance notice from LCP. LCP is not responsible or liable for any service interruptions, outages, message delivery failures, call quality issues, or other performance problems caused by the Telephony Providers.
4.8. Taxes.
You are responsible for all applicable taxes, levies, duties, or governmental assessments arising from your use of the Services, except for taxes based on LCP’s net income. If LCP is required to collect or remit any such taxes on your behalf, they will be added to your charges.
5. Cancellation and Refund Policy.
5.1. Fourteen-Day Refund Window — Initial Purchase Only.
If you are a new subscriber and are not satisfied with the Services, you may request a full refund within fourteen (14) calendar days of your initial purchase date. This refund window applies exclusively to your first subscription payment and does not apply to renewal charges, usage-based fees, add-on purchases, or any subsequent billing cycle. To request a refund, you must contact us using one of the approved cancellation methods described in Section 5.4. Refund requests received after the fourteen-day window will not be honored.
5.2. No Refunds After Fourteen Days.
After the fourteen-day window described in Section 5.1, all charges are final and non-refundable. No refunds, credits, or pro-rata adjustments will be issued for any reason, including partial use or non-use of the Services, dissatisfaction with results (including AI Engine performance, appointment volume, lead quality, or conversion rates), early cancellation, failure to cancel before an automatic renewal charge, account suspension or termination resulting from your violation of these Terms, loss of insurance licensure, or circumstances outside our control such as third-party service outages or carrier-level message filtering.
5.3. Conditional Exceptions.
LCP may, at its sole and absolute discretion, issue a full or partial refund or service credit outside the refund window in the following limited circumstances:
(a) A verified, documented technical failure or defect in the Services that renders the platform materially unusable for a continuous period of more than seventy-two (72) hours and that LCP is unable to resolve within a reasonable timeframe after receiving written notice from you;
(b) A billing error resulting in an overcharge or duplicate charge that is verified by LCP; or
(c) A material failure by LCP to deliver a specifically promised feature or capability that was a documented condition of your subscription at the time of purchase.
Requests must be submitted in writing to [email protected] with a detailed description and supporting documentation. LCP will provide a written response within ten (10) business days. LCP retains the sole right to determine whether a conditional exception applies.
5.4. Approved Cancellation Methods.
You may cancel your subscription using only the following methods:
(a) Self-service cancellation through the cancellation function inside the platform;
(b) Support ticket submitted through the official LCP support system; or
(c) Email sent to [email protected].
No other method of cancellation is accepted. Cancellation requests communicated through personal text messages, phone calls, voicemail, social media messages, direct messages to individual LCP team members, or any other unofficial channel will not be processed and do not constitute a valid cancellation.
5.5. Cancellation Effectiveness and Confirmation.
A cancellation request is effective upon receipt by LCP through one of the approved channels listed in Section 5.4, subject to verification of your identity and account ownership. To avoid being charged for the next billing cycle, your cancellation request must be received at least forty-eight (48) hours before your next scheduled billing date. Cancellation requests received less than forty-eight (48) hours before the billing date may not be processed in time to prevent the next charge, and no refund will be issued for that charge. LCP will send written confirmation of your cancellation via email within two (2) business days of receiving your request. If you do not receive confirmation within that timeframe, it is your responsibility to resubmit your request through an approved channel. We recommend that you retain a copy of your cancellation request and any confirmation for your records.
5.6. Effect of Cancellation.
Upon cancellation, your access to the Services will continue through the end of your current paid billing cycle. No pro-rata refunds will be issued for the remaining period. After your billing cycle ends, your account will be deactivated and your access terminated.
It is your responsibility to export any data you wish to retain using the self-service export functionality available within the platform before your account is deactivated. Following deactivation, LCP will retain your account data for thirty (30) calendar days, during which you may request access to export your data by emailing [email protected]. After the thirty-day retention period, LCP may permanently delete all data associated with your account without further notice. LCP is not obligated to provide data exports, data recovery, or data restoration after the retention period has closed.
5.7. Disputed Charges and Chargebacks.
You agree to contact LCP directly at [email protected] to resolve any billing questions, concerns, or disputes before initiating a chargeback, payment dispute, or bank reversal with your financial institution, credit card company, or payment processor. LCP will acknowledge receipt of your billing dispute and work in good faith to investigate and resolve the matter within thirty (30) calendar days of receiving your written dispute. We encourage you to give us the opportunity to make it right before involving your financial institution.
If you initiate a chargeback, payment dispute, or bank reversal without first contacting LCP and making a good-faith effort to resolve the issue directly:
(a) LCP may immediately suspend or terminate your account and all access to the Services without notice;
(b) LCP may contest the dispute and provide evidence of your account activity, subscription authorization, service usage, and these Terms to the financial institution, payment processor, or card network;
(c) If the dispute is resolved in LCP’s favor, you will reimburse LCP for all fees, costs, penalties, and expenses incurred as a result, including chargeback fees, processor penalties, administrative costs, and reasonable attorneys’ fees;
(d) LCP may place a hold on your account and withhold any data export until the dispute is resolved; and
(e) LCP reserves the right to pursue collection of unpaid amounts through all available legal remedies, including referral to a collections agency or filing suit in the courts of the State of Georgia.
Initiating a chargeback or dispute that is later determined to be frivolous, fraudulent, or filed without first contacting LCP constitutes a material breach of these Terms.
6. Acceptable Use Policy.
6.1. General Conduct.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You are solely responsible for all content, data, communications, and actions taken through your account, whether by you, your employees, your contractors, or any other person using your account credentials.
6.2. Messaging Compliance and Consent Obligations.
The Services include messaging and dialing functionality, including SMS, MMS, and voice calling capabilities, delivered through third-party Telephony Providers. By using the messaging or dialing features of the Services, you represent, warrant, and agree as follows:
Consent Requirements:
(a) You have obtained prior express written consent from each individual recipient before sending any marketing or promotional message or making any telemarketing call, in compliance with the Telephone Consumer Protection Act (“TCPA”), the CAN-SPAM Act, the Telemarketing Sales Rule (“TSR”), and all applicable federal, state, and local laws;
(b) Each consent you have obtained is specific to you as the sender (one-to-one consent) and is logically and topically related to the context in which it was given, consistent with FCC requirements effective January 27, 2025;
(c) You maintain timestamped, verifiable records of each recipient’s consent, including the date, time, method of consent, the specific disclosure presented, and the identity of the consenting party;
(d) You will produce consent records to LCP within forty-eight (48) hours of any request, including requests arising from carrier complaints, regulatory inquiries, consumer disputes, or LCP’s internal compliance reviews;
Opt-Out and Suppression:
(e) You will honor all opt-out, stop, and revocation-of-consent requests promptly and in no event later than the timeframes required by applicable law and FCC guidelines;
(f) You maintain and regularly update opt-out and suppression lists and will not send messages to or call any individual who has revoked consent, opted out, or is on the National Do Not Call Registry or any applicable state do-not-call list;
(g) You will not re-add or re-contact any individual who has opted out unless you obtain new, independent consent that complies with all applicable laws;
Lead Source Compliance:
(h) You are solely responsible for the legality and compliance of all lead sources used in connection with the Services, including purchased leads, shared leads, aged leads, real-time leads, and leads obtained from third-party vendors or lead marketplaces;
(i) You will not upload or use lead lists that were obtained in violation of TCPA, Do Not Call regulations, state telemarketing laws, or any other applicable law;
(j) You represent that any third-party lead vendor you use has obtained legally sufficient consent for communications from you specifically, and you will verify and document this before uploading leads to the platform;
General Messaging Obligations:
(k) You will comply with all carrier requirements, A2P (Application-to-Person) messaging regulations, 10DLC registration requirements, and any other messaging industry standards or policies;
(l) You will not send messages that are misleading, deceptive, fraudulent, or that misrepresent your identity, licensure, or the nature of the communication;
(m) You will not use the Services to send unsolicited bulk messages, spam, or messages to consumers who have not provided the requisite level of consent;
(n) You are solely responsible for the content of all messages sent and calls made from your account, including messages authored by you, messages generated by the AI Engine, and messages or calls initiated through automated workflows; and
(o) Message delivery is not guaranteed. Message delivery depends on carrier networks, Telephony Providers, recipient device status, and other factors outside LCP’s control.
6.3. AI Engine Communications.
The AI Engine sends messages to leads and prospects on your behalf using artificial intelligence.
(a) The AI Engine generates responses based on its training data, your account configuration, and the information you provide. AI-generated responses may occasionally contain errors, inaccuracies, or responses that do not align with your preferences or compliance requirements;
(b) You are responsible for reviewing AI Engine settings, configuring the system appropriately for your use case, and monitoring AI-generated communications;
(c) LCP is not liable for any appointments booked, missed, or incorrectly scheduled by the AI Engine, or for the content, accuracy, or compliance of AI-generated messages; and
(d) Subject to the platform role and limitations described in Section 2.1, the AI Engine does not provide insurance, financial, legal, or compliance advice.
6.4. Prohibited Conduct.
The following activities are strictly prohibited and will result in immediate account termination without refund:
(a) Using the Services in connection with the electronic execution, signing, or submission of insurance applications, policy documents, or any legally binding documents on behalf of another person without their direct, real-time, informed participation. The platform does not include e-signature functionality, and any attempt to use the platform’s messaging or automation tools to fabricate, simulate, or facilitate unauthorized signatures constitutes a material violation of these Terms;
(b) Impersonating any person, misrepresenting your identity or licensure status, or forging signatures, authorizations, or consent records;
(c) Sending messages through the Services that are deceptive, fraudulent, misleading, or that violate applicable insurance regulations, TCPA, CAN-SPAM, TSR, or any other applicable law;
(d) Using the platform to facilitate any illegal activity, including insurance fraud, identity theft, wire fraud, unauthorized access to consumer information, or violations of state insurance codes;
(e) Storing, uploading, transmitting, or processing protected health information or medical/health information through the Services, in violation of Section 2.1;
(f) Attempting to gain unauthorized access to the Services, other user accounts, or LCP’s systems, networks, or data;
(g) Decompiling, reverse engineering, disassembling, or otherwise attempting to derive the source code of the Services or any component thereof;
(h) Reselling, sublicensing, or redistributing access to the Services to any third party without LCP’s prior written consent; and
(i) Introducing viruses, malware, or other harmful code, or taking any action that impairs the performance, availability, or integrity of the Services.
LCP reserves the right to monitor accounts for fraudulent and non-compliant activity. If we reasonably determine that your account is being used for any prohibited purpose, we may immediately suspend or terminate your account without prior notice and without refund. We may also report suspected illegal activity to the appropriate regulatory, law enforcement, or insurance industry authorities.
7. Intellectual Property.
7.1. LCP Ownership.
The Services, including all software, code, algorithms, AI models, user interface designs, graphics, logos, trademarks, trade names, copyrights, documentation, and all other intellectual property embodied in or associated with the Services, are and remain the exclusive property of Lead Champ Pro LLC or its licensors. The Services are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws. These Terms grant you only a limited, non-exclusive, non-transferable, revocable license to access and use the Services during your active subscription period, solely for your internal business purposes and in accordance with these Terms.
7.2. User Content.
You retain ownership of all data, content, contact lists, lead information, and other materials that you upload, input, or transmit through the Services (“User Content”). By uploading User Content, you grant LCP a limited, non-exclusive, royalty-free license to host, store, process, and transmit your User Content solely as necessary to provide the Services to you. This license terminates upon the deletion of your User Content from our systems in accordance with Section 5.6.
7.3. Feedback.
If you provide suggestions, ideas, enhancement requests, feedback, or recommendations regarding the Services, you assign all right, title, and interest in such feedback to LCP. LCP may use, implement, and incorporate feedback into the Services without any obligation, compensation, or attribution to you.
8. Data Use, Privacy, and Confidentiality.
8.1. LCP’s Commitment Regarding Your Client Data.
LCP makes the following commitments regarding data you upload, store, or process through the Services relating to your leads, prospects, clients, and policyholders (“Your Client Data”):
(a) LCP will not sell, rent, lease, or otherwise transfer Your Client Data to any third party for their own use;
(b) LCP will not use Your Client Data to contact, solicit, market to, or sell insurance products or services to your leads, prospects, clients, or policyholders, whether directly or through any affiliate, partner, or third party;
(c) LCP will not share Your Client Data with competing insurance agents, brokers, agencies, or carriers for the purpose of soliciting insurance business; and
(d) LCP will not use Your Client Data for any purpose other than providing, operating, securing, maintaining, and improving the Services as described in these Terms.
8.2. Permitted Data Uses.
Notwithstanding Section 8.1, LCP may use and disclose Your Client Data in the following limited circumstances:
(a) Processing and transmitting Your Client Data as necessary to deliver the features and functionality of the Services, including transmitting messages through Telephony Providers and displaying data within the platform;
(b) Sharing Your Client Data with third-party subprocessors and service providers (such as hosting providers, Telephony Providers, and email delivery services) solely as necessary to operate the Services, provided such subprocessors are bound by confidentiality obligations no less protective than those in these Terms. LCP will maintain a current list of material subprocessors and make it available upon written request. LCP will use commercially reasonable efforts to notify you via email at least fifteen (15) days before engaging any new subprocessor that will have access to Your Client Data;
(c) Compiling, aggregating, and anonymizing data derived from your use of the Services (including usage patterns, feature utilization, and general platform analytics) in a form that does not identify you, your business, or any individual, and using such aggregated and anonymized data for platform improvement, product development, industry benchmarking, and analytics. Aggregated and anonymized data will not include any personally identifiable contact information of your leads, prospects, clients, or policyholders in a form that could reasonably be used to re-identify them;
(d) Disclosing Your Client Data as required by applicable law, regulation, legal process, subpoena, court order, or governmental request; and
(e) Disclosing Your Client Data as reasonably necessary to enforce these Terms, protect the rights, property, or safety of LCP, its users, or the public, or to prevent fraud or other illegal activity.
8.3. Your Data Responsibilities.
You represent and warrant that:
(a) you have all necessary rights, consents, and authorizations to upload and process Your Client Data through the Services;
(b) your use of the Services in connection with Your Client Data complies with all applicable data privacy and data protection laws, including state consumer privacy laws, the GLBA (to the extent applicable), and any applicable state insurance data security regulations; and
(c) you will not upload data to the Services that you do not have a lawful right to possess or process.
8.4. LCP Communications to Users.
By creating an account, you consent to receive transactional, operational, and service-related communications from LCP, including billing notices, service updates, maintenance alerts, security notifications, and feature announcements. LCP may also send you occasional marketing or promotional communications about LCP’s own products and services. You may opt out of marketing communications at any time by following the unsubscribe instructions in any marketing email or by contacting [email protected]. Opting out of marketing communications does not affect transactional or service-related communications, which you will continue to receive as long as you maintain an active account.
8.5. Confidentiality.
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 by the receiving party without use of the disclosing party’s confidential information; or
(d) is received from a third party without restriction on disclosure.
Subject to the foregoing exclusions, any non-public, proprietary, or confidential information disclosed by one party to the other in connection with these Terms or the Services (“Confidential Information”) will be treated as confidential. Confidential Information includes Your Client Data, LCP’s technology and business information, pricing, and non-public features. Neither party will disclose the other party’s Confidential Information to any third party except as expressly permitted in these Terms or with the disclosing party’s prior written consent. This confidentiality obligation survives termination of these Terms for a period of three (3) years.
8.6. Data Security.
LCP maintains commercially reasonable administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of data stored on the platform. No system is completely secure, and LCP does not guarantee that unauthorized access, data breaches, or data loss will never occur.
In the event that LCP becomes aware of a confirmed data breach or unauthorized access that affects Your Client Data, LCP will use commercially reasonable efforts to notify affected users within thirty (30) calendar days of confirming the breach. Such notification will include, to the extent known, the nature of the breach, the types of data potentially affected, and the steps LCP is taking to address the incident. This notification commitment is in addition to, and does not replace, any notification obligations imposed by applicable law.
9. Third-Party Services and Integrations.
The Services may integrate with or provide access to third-party services, platforms, APIs, lead marketplaces, dialers, telephony providers, and other tools (“Third-Party Services”). Your use of any Third-Party Services is governed solely by the terms, conditions, and privacy policies of those third parties. LCP does not control, endorse, or assume any responsibility for any Third-Party Services, including their availability, accuracy, content, data practices, or compliance with applicable law.
LCP is not liable for any loss, damage, claim, or liability arising from your use of or reliance on any Third-Party Service, including service outages or interruptions, data loss or corruption, lead quality or compliance, changes to third-party pricing or functionality, or any action or omission by a third-party provider.
You are solely responsible for evaluating, selecting, and ensuring the compliance and suitability of any Third-Party Services you choose to use in connection with the platform.
10. Disclaimer of Warranties.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LCP DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, LCP DOES NOT WARRANT THAT:
(a) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
(b) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS;
(c) ANY RESULTS, APPOINTMENTS, LEADS, SALES, OR REVENUE WILL BE ACHIEVED THROUGH USE OF THE SERVICES;
(d) THE AI ENGINE WILL PRODUCE ACCURATE, COMPLIANT, OR ERROR-FREE COMMUNICATIONS;
(e) MESSAGES SENT THROUGH THE SERVICES WILL BE DELIVERED TO INTENDED RECIPIENTS; OR
(f) ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED.
YOU USE THE SERVICES AT YOUR OWN RISK. SUBJECT TO THE PLATFORM ROLE AND LIMITATIONS IN SECTION 2.1, ANY RELIANCE ON THE SERVICES, INCLUDING AI-GENERATED CONTENT, IS AT YOUR SOLE RISK AND DISCRETION.
11. Limitation of Liability.
11.1. Exclusion of Consequential Damages.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LCP, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR AFFILIATES (COLLECTIVELY, THE “LCP PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, ANTICIPATED SAVINGS, INSURANCE COMMISSIONS, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND REGARDLESS OF WHETHER LCP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2. Cap on Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE LCP PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO LCP IN SUBSCRIPTION FEES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11.3. Carve-Outs.
THE LIABILITY CAP IN SECTION 11.2 DOES NOT APPLY TO: (A) YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 12; (B) YOUR BREACH OF SECTION 6 (ACCEPTABLE USE POLICY); (C) YOUR BREACH OF SECTION 8.5 (CONFIDENTIALITY); OR (D) EITHER PARTY’S LIABILITY FOR WILLFUL MISCONDUCT OR FRAUD.
11.4. Basis of the Bargain.
THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS IN SECTIONS 10 AND 11 ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN YOU AND LCP, REFLECT A REASONABLE ALLOCATION OF RISK, AND FORM THE BASIS UPON WHICH LCP HAS SET ITS PRICING. THE SERVICES WOULD NOT BE PROVIDED AT THE CURRENT SUBSCRIPTION PRICE WITHOUT THESE LIMITATIONS.
12. Indemnification.
12.1. Your Indemnification Obligations.
You agree to indemnify, defend, and hold harmless the LCP Parties from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
(a) Your breach of any representation, warranty, or obligation in these Terms;
(b) Your violation of any applicable law, regulation, or industry standard, including TCPA, CAN-SPAM, TSR, DNC regulations, state telemarketing laws, state insurance laws and regulations, GLBA, and any applicable state consumer privacy laws;
(c) Your failure to obtain or maintain legally sufficient consent for messaging or calling any individual, or defects in consent obtained by you or your lead vendors;
(d) Carrier complaints, carrier fines, or carrier-imposed sanctions arising from messages sent or calls made from your account;
(e) Any regulatory action, investigation, complaint, or proceeding related to communications sent from your account or your insurance business practices;
(f) Your signing, execution, or submission of insurance applications, policy documents, or other documents on behalf of another person;
(g) Any allegation that your User Content infringes or misappropriates a third party’s intellectual property rights or violates any law;
(h) Any fraudulent, illegal, or tortious act or omission by you; or
(i) Any chargeback, payment dispute, or bank reversal initiated by you that is resolved in favor of LCP.
12.2. LCP’s Indemnification Obligations.
LCP will indemnify, defend, and hold harmless you from and against any third-party claim that the Services, as provided by LCP and used in accordance with these Terms, infringe a valid United States patent, copyright, or trademark. LCP’s obligations under this Section 12.2 do not apply to claims arising from: (a) modifications to the Services not made by LCP; (b) your combination of the Services with products, services, or data not provided by LCP; (c) your use of the Services in violation of these Terms; or (d) your User Content.
12.3. Indemnification Procedure.
The indemnifying party will be promptly notified of any claim for which indemnification is sought (provided that failure to provide timely notice shall not relieve the indemnifying party of its obligations except to the extent it is materially prejudiced by such failure). The indemnifying party shall have the right to control the defense of any such claim, provided that: (a) the indemnifying party keeps the indemnified party reasonably informed of the status; (b) the indemnifying party does not enter into any settlement that imposes any obligation on the indemnified party or admits liability on its behalf without the indemnified party’s prior written consent; and (c) the indemnified party may participate in the defense at its own expense with counsel of its choosing.
12.4. Survival.
Indemnification obligations under this Section 12 survive the termination or expiration of your account and these Terms.
13. Term and Termination.
13.1. Term.
These Terms are effective as of the date you create an account or first access the Services and remain in effect until your account is terminated in accordance with this Section 13 or Section 5.
13.2. Termination by You.
You may terminate your account at any time by canceling your subscription in accordance with Section 5.4.
13.3. Termination by LCP.
LCP may suspend or terminate your account and access to the Services at any time, with or without cause and with or without notice, including for material breach of these Terms, prohibited conduct under Section 6.4, failure to pay any amounts due, initiation of a chargeback in violation of Section 5.7, lapse or revocation of your insurance license, receipt of a carrier complaint or regulatory inquiry related to your account, or LCP’s discontinuation of the Services.
13.4. Effect of Termination.
Upon termination for any reason:
(a) your right to access and use the Services immediately ceases (unless terminated by you under Section 5, in which case access continues through the end of your current billing cycle);
(b) you remain liable for all amounts owed through the date of termination; and
(c) Sections 5.2, 5.7, 7, 8, 10, 11, 12, 14, 15, and 16, and any other provisions that by their nature should survive, will survive termination.
14. Governing Law and Dispute Resolution.
14.1. Governing Law.
These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to its conflict of law principles.
14.2. Informal Resolution.
Before initiating any formal dispute proceeding, you agree to first attempt to resolve the dispute informally by contacting us at [email protected]. The parties agree to negotiate in good faith for at least thirty (30) days before pursuing arbitration or litigation.
14.3. Binding Arbitration.
If informal negotiations do not resolve the dispute within thirty (30) days, any dispute, claim, or controversy arising out of or related to these Terms or the Services shall be resolved exclusively by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration shall take place in Forsyth County, Georgia, or remotely by mutual agreement. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Each party shall bear its own costs and attorneys’ fees in connection with the arbitration, unless the arbitrator determines that a party’s claims or defenses were frivolous, in which case the arbitrator may award reasonable attorneys’ fees and costs to the prevailing party. The filing fees and arbitrator compensation shall be governed by the AAA’s applicable rules.
BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, AND THAT ALL DISPUTES WILL BE RESOLVED THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS.
14.4. Class Action Waiver.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY ONLY. YOU AGREE THAT YOU WILL NOT FILE, JOIN, OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM, THAT CLAIM SHALL BE SEVERED AND PROCEED IN A COURT OF COMPETENT JURISDICTION WHILE THE REMAINING CLAIMS PROCEED IN ARBITRATION.
14.5. Jurisdiction and Venue.
To the extent any dispute is not subject to arbitration under this Section 14, or if arbitration is found to be unenforceable, any legal action shall be brought exclusively in the state or federal courts located in Forsyth County, Georgia, or the United States District Court for the Northern District of Georgia. You irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum or lack of jurisdiction.
14.6. Limitation on Claims.
Any cause of action or claim arising out of or related to these Terms or the Services must be commenced within one (1) year after the cause of action accrues. Any claim not brought within this period is permanently barred.
15. Modifications to These Terms.
LCP reserves the right to modify, amend, or update these Terms at any time. If we make material changes, we will provide you with notice by email or through a notification within the platform at least fifteen (15) days before the changes take effect. Your continued use of the Services after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, your sole remedy is to cancel your subscription before the effective date of the modification.
16. General Provisions.
16.1. Entire Agreement.
These Terms, together with any policies, guidelines, or additional terms referenced herein or published on the Site, constitute the entire agreement between you and LCP with respect to the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
16.2. Severability.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed, and the remaining provisions shall continue in full force and effect.
16.3. No Waiver.
The failure of LCP to exercise or 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 LCP.
16.4. Assignment.
You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder without LCP’s prior written consent. LCP may assign these Terms without restriction and without notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
16.5. Force Majeure.
LCP shall not be liable for any failure or delay in performing its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemics, government actions, war, terrorism, labor disputes, internet or telecommunications failures, power outages, carrier or Telephony Provider disruptions, cyberattacks, or third-party service failures.
16.6. Independent Contractors.
The relationship between you and LCP is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, franchise, agency, or employment relationship.
16.7. Notices.
All notices to LCP must be sent to [email protected]. Notices to you will be sent to the email address associated with your account. Notices are deemed received upon confirmed delivery.
16.8. Headings.
Section headings are for convenience only and do not affect the interpretation of these Terms.
17. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Lead Champ Pro LLC4965 Bay CircleCumming, GA 30041United StatesPhone: +1 564-465-6329 [email protected]
I have read and agree to the Lead Champ Pro Terms Of Use in its entirety. This signature reflects my agreement and understanding of the terms above.