Legal Documents

These Terms of Service ("Terms") form a binding agreement between Leadably and any person or organization that accesses or uses the Leadably platform, including the websites, dashboards, application programming interfaces, chatbot widgets, and related services (collectively, the "Service"). By creating an account, accepting an invitation, accessing the Service, or embedding a Leadably-powered chatbot on a website, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference.

If you are accessing the Service on behalf of a company, agency, or other organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to both you individually and that organization.

The Service operates across three tiers of accounts, each with different rights, responsibilities, and data visibility:

• Admin — Leadably's own platform administrators, who have visibility into all Agency and Client Business accounts for the purpose of operating, securing, and supporting the Service.
• Agency — marketing agencies, web design firms, or similar businesses that subscribe to the Service in order to configure, deploy, and resell chatbot functionality to their own clients under their own brand.
• Client Business — the business that an Agency onboards onto the Service (for example, a dental office, law firm, or home services company), which receives a chatbot for its own website and manages its own leads and appointments.

Each Agency is solely responsible for its relationship with its Client Businesses, including the terms under which it resells the Service, the pricing it charges, and any representations it makes about the Service to its Clients. Leadably is not a party to the agreement between an Agency and its Client Businesses.

Website visitors who interact with a chatbot embedded by a Client Business ("End Users") are not account holders and do not agree to these Terms, but their information is processed as described in Section 9 (Data and Content) and our Privacy Policy.

Leadably relies on third-party providers to deliver the Service, including Base44 (database, authentication, and application infrastructure, including AI-generated conversational responses via Base44's InvokeLLM functionality), SendGrid (email delivery), Twilio (SMS delivery and phone number validation), and Stripe (payment processing). A current list of subprocessors is maintained in our Privacy Policy and may be updated from time to time as the Service evolves.

Your use of functionality built on these providers may also be subject to those providers' own terms of service and acceptable use policies, which are incorporated by reference where applicable. Leadably is not responsible for the acts, omissions, outages, policy changes, or pricing changes of any third-party provider, except as expressly stated in Section 11 (Service Availability and Third-Party Dependencies).

The chatbot uses artificial intelligence to generate conversational responses to End Users in real time. AI-generated responses may be inaccurate, incomplete, outdated, or otherwise unsuitable for a particular purpose. Leadably does not review, approve, or guarantee the accuracy of any individual AI-generated message before it is sent.

Agencies and Client Businesses are responsible for:

• Configuring the chatbot's workflow, welcome message, FAQ responses, and booking flow appropriately for their business and industry;
• Reviewing chatbot behavior after deployment and promptly correcting any inaccurate, misleading, or non-compliant configuration; and
• Ensuring the chatbot is not configured to make representations (such as medical, legal, or financial advice, or guarantees of price or availability) that the Client Business is not authorized or able to honor.

Leadably disclaims liability for any decision made, or harm suffered, in reliance on AI-generated chatbot output, to the maximum extent permitted by law.

The Service enables Agencies and Client Businesses to send automated email and SMS messages to leads and customers, including booking confirmations, reminders, and marketing-adjacent communications. Agencies and Client Businesses are solely responsible for:

• Obtaining all consents required before sending SMS or email communications, including prior express written consent where required by the Telephone Consumer Protection Act (TCPA);
• Complying with CAN-SPAM, CASL, GDPR, CCPA, carrier and messaging association requirements (including 10DLC registration where applicable), and all other applicable communications laws;
• Honoring opt-out and unsubscribe requests promptly through the Service's built-in mechanisms; and
• Maintaining records sufficient to demonstrate consent was obtained, as Leadably does not independently verify the source or validity of consent for any contact captured through a chatbot.

Leadably provides tools (such as auto-appended opt-out language and notification logs) to support compliance but does not guarantee that use of these tools satisfies every applicable legal requirement in every jurisdiction.

Leadably provides software tools for lead capture, chatbot conversations, appointment booking, and related automation. Leadably does not guarantee any specific number of leads, appointments, conversions, revenue, or other business outcome. Results depend on factors outside Leadably's control, including website traffic, chatbot configuration, industry, and market conditions.

You are responsible for all activity that occurs through your account, including actions taken by your employees, contractors, sub-accounts, and any Client Businesses or End Users you onboard. You agree not to use the Service to:

• Send unlawful, deceptive, harassing, or unsolicited communications;
• Collect sensitive personal information (such as health, financial account, or government ID data) through the chatbot without appropriate safeguards and disclosures;
• Misrepresent your identity or the identity of the business operating a chatbot; or
• Interfere with the security, integrity, or normal operation of the Service, including by attempting to bypass role-based access controls or rate limits.

Leadably may suspend or terminate access for violations of this Section, as further described in Section 14 (Suspension and Termination).

Agencies may brand the chatbot and related client-facing materials under their own name and trademarks ("White-Label Use"), and Leadably will not display its own branding on a Client Business's chatbot where the Agency has enabled white-labeling. White-Label Use is a limited, non-exclusive, non-transferable license to use Leadably's platform for the duration of the Agency's active subscription; it does not transfer any ownership of the Leadably platform, software, or trademarks to the Agency.

Each Agency represents and warrants that it has all rights, permissions, and consents necessary to:

• Onboard each Client Business onto the Service and configure a chatbot on that Client's behalf;
• Provide Leadably and its subprocessors with the Client Business's and End Users' data for the purpose of operating the Service; and
• Represent the Service to its Client Businesses, including any pricing, service levels, or support commitments the Agency makes, which are the Agency's sole responsibility and not binding on Leadably.

If an Agency's subscription is cancelled or terminated, Leadably will provide a reasonable opportunity for the Agency to export lead and appointment data before deactivating affected chatbots; however, white-labeling rights and access to the Service end immediately upon termination.

As between you and Leadably, you (or, in the case of an End User, the Client Business that captured their information) retain ownership of the content and data you submit to the Service, including lead information, appointment data, custom field responses, and chatbot conversation transcripts ("User Content"). You grant Leadably a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, analyze, and display User Content solely as necessary to provide, maintain, secure, and improve the Service.

Leadably may use de-identified, aggregated data derived from User Content for analytics, benchmarking, and product improvement purposes, provided such data does not identify any individual, Client Business, or Agency.

Data relating to End Users is collected by the Client Business through the Service and is held by Leadably as a processor on behalf of the relevant Client Business and Agency. Each Agency and Client Business is responsible for ensuring End Users receive any notice required by applicable law regarding the collection of their information through the chatbot.

Leadably does not guarantee uninterrupted, timely, secure, or error-free operation of the Service. The Service depends on infrastructure and functionality provided by Base44 and other third-party providers identified in Section 3. Leadably is not responsible for outages, feature restrictions, policy changes, pricing changes, account suspensions, or service failures caused by any third-party provider, except to the extent caused by Leadably's own gross negligence or willful misconduct in selecting or managing that provider.

Leadably will use commercially reasonable efforts to notify affected users of known, material service disruptions caused by third-party providers.

Agencies are billed for use of the Service according to the pricing plan selected at signup, processed through Stripe. By providing payment information, you authorize Leadably to charge applicable fees on a recurring basis until your subscription is cancelled. Fees are non-refundable except as required by law or as expressly stated at the time of purchase.

Leadably may change its pricing with reasonable advance notice to Agencies; continued use of the Service after a price change takes effect constitutes acceptance of the new pricing. Each Agency is solely responsible for the pricing and billing terms it sets with its own Client Businesses, and Leadably is not a party to and assumes no responsibility for that separate billing relationship.

To the maximum extent permitted by applicable law, in no event will Leadably's total liability arising out of or related to these Terms or the Service exceed the greater of (a) $100 USD, or (b) the total fees paid by you to Leadably in the three (3) months immediately preceding the event giving rise to the claim.

This limitation does not apply to: (i) your indemnification obligations under Section 13; (ii) liability arising from a party's gross negligence, willful misconduct, or fraud; (iii) breach of confidentiality obligations; or (iv) liability that cannot be limited or excluded under applicable law.

In no event will Leadably be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunity, even if advised of the possibility of such damages.

You agree to defend, indemnify, and hold harmless Leadably and its officers, contractors, and personnel from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your User Content; (b) communications sent through the Service under your account, including any violation of TCPA, CAN-SPAM, or similar laws; (c) your violation of these Terms or applicable law; or (d) for Agencies, any dispute between the Agency and its Client Businesses or those Clients' End Users.

Leadably may suspend or terminate your access to the Service if you violate these Terms, fail to pay applicable fees, or if Leadably reasonably believes your use of the Service poses a legal, security, or reputational risk to Leadably or other users. Where practical, Leadably will provide notice and an opportunity to cure before terminating an account for cause.

You may cancel your subscription at any time through your account settings or by contacting Leadably. Upon termination, your right to access the Service ends, though Leadably may retain data for a reasonable period as described in our Privacy Policy to allow for export, legal compliance, or dispute resolution.

If a dispute arises between you and Leadably, both parties agree to first attempt to resolve it informally by contacting Contact@Leadably.app and engaging in good-faith negotiation for at least thirty (30) days before pursuing formal proceedings.

Any dispute that cannot be resolved informally will be subject to the exclusive jurisdiction of the state or federal courts located in Florida, and each party consents to personal jurisdiction in those courts. Each party waives any right to a jury trial and to participate in a class, collective, or representative action against the other, to the fullest extent permitted by law.

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles, except where applicable data protection law (such as the GDPR or CCPA) requires otherwise with respect to specific data rights described in our Privacy Policy.

Leadably may update these Terms from time to time. Material changes will be communicated by email or in-app notice at least fourteen (14) days before taking effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. Leadably's failure to enforce any provision is not a waiver of that provision. You may not assign these Terms without Leadably's consent; Leadably may assign these Terms in connection with a merger, acquisition, or sale of assets. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Leadably regarding the Service.

Questions about these Terms can be directed to Contact@Leadably.app.