AiToLeads Terms of Service

Welcome to AiToLeads (“AiToLeads,” “we,”“us,” or “our”), a service offered by Massive Action Marketing LLC doingbusiness as AiToLeads. We operate the website https://aitoleads.com and providerelated online platforms, tools, software, artificial intelligence services,communications services, and related professional or managed services(collectively, the “Service”).

These Terms of Service (“Terms”) governyour access to and use of the Service and constitute a legally bindingagreement between you and AiToLeads. By accessing or using the Service,creating an account, signing an order form, using our AI Platform, receivingSMS communications from us, or otherwise using any part of the Service, youconfirm that you have read, understood, and agree to be bound by these Terms.If you do not agree to these Terms or are not eligible to use the Service, donot access or use the Service.

If you access or use the Service onbehalf of a company, organization, or other legal entity, you represent andwarrant that you have authority to bind that entity to these Terms. In thatcase, “you” and “Customer” refer to that entity and its authorized users.

Arbitration Notice

Except as otherwise provided below, you agree that any disputesarising under or relating to these Terms or the Service will be resolved bybinding, individual arbitration. In doing so, you and AiToLeads each waive yourrights to a trial by jury and to participate in any class action, collectiveaction, private attorney general action, or representative proceeding.

1. Overview andDefinitions

1.1 Service

For the purposes of these Terms,“Service” means all portions of the AiToLeads website, including any subdomainsand pages accessible via login, and all features, functionalities, content,software, communications tools, AI-enabled tools, managed services,professional services, integrations, workflows, materials, and related servicesoffered by AiToLeads. This includes our AI Platform, AI Agents, AI voiceagents, SMS/MMS tools, lead handling workflows, appointment-setting tools, callhandling tools, analytics, summaries, transcripts, outputs, and any resultsderived from the use of the Service.

1.2 AI Platform

Our “AI Platform” is aweb-based software platform and related technology that may allow you toconfigure, deploy, access, manage, or use artificial intelligence agents,artificial intelligence workflows, conversational AI tools, voice agents,SMS/chat agents, lead handling tools, receptionist tools, appointment-settingworkflows, integrations, and related AI-enabled capabilities.

1.3 AI Agent

“AI Agent” means any artificialintelligence, automation, conversational workflow, voice agent, chat agent, SMSagent, email agent, receptionist agent, appointment-setting agent, leadqualification agent, or similar tool configured, provided, deployed, or usedthrough the Service.

1.4 Customer

“Customer,” “Licensee,” “you,”or “your” means the individual, company, organization, or legal entityaccessing or using the Service, including any authorized user accessing theService on behalf of such entity.

1.5 Customer Data

“Customer Data” means anydata, content, information, materials, files, prompts, instructions, scripts,business rules, call flows, offers, pricing information, service areas, contactinformation, lead information, customer information, or other informationsubmitted, uploaded, provided, transmitted, imported, stored, or otherwise madeavailable by or on behalf of Customer through or in connection with theService.

1.6 Lead Data

“Lead Data” means any personalinformation, contact information, phone number, email address, address,inquiry, appointment information, call record, SMS record, customer record,prospect record, or other information relating to a consumer, prospect, lead,customer, or potential customer.

1.7 Communication Data

“Communication Data”means any call, SMS/MMS message, email, chat, voicemail, transcript, recording,message log, call summary, lead summary, appointment note, classification,disposition, quality assurance note, analytics record, or similar information created,processed, stored, transmitted, or analyzed through or in connection with theService.

1.8 Output

“Output” means any AI-generated orsystem-generated response, message, summary, classification, recommendation,lead score, appointment note, call disposition, transcript, call summary,analysis, or other result generated by or through the Service.

1.9 Usage Data

“Usage Data” means technical,diagnostic, operational, analytical, statistical, performance, telemetry, andusage information relating to the operation, use, security, performance, orimprovement of the Service.

1.10 AiToLeads IP

“AiToLeads IP” means theService, AI Platform, AI Agents, software, source code, object code, workflows,models, algorithms, prompts, templates, system instructions, designs,interfaces, documentation, know-how, configurations, analytics, tools, technology,inventions, and other intellectual property owned by, licensed to, developedby, or provided by AiToLeads, excluding Customer Data.

1.11 Additional Terms

Any terms posted on theService or provided in connection with specific features, order forms,statements of work, subscription plans, registration flows, AI Platform use,SMS communications, integrations, or other Service components are deemed“Additional Terms” and are incorporated by reference into these Terms. In theevent of a conflict between these Terms and any Additional Terms, theAdditional Terms will govern only to the extent they expressly state that theyoverride these Terms.

1.12 Order Forms andStatements of Work

If youenter into an order form, statement of work, master services agreement, serviceagreement, data processing addendum, campaign compliance addendum, or otherwritten agreement with AiToLeads, that document will control only to the extentit expressly conflicts with these Terms and states that it controls. Otherwise,these Terms apply.

2. Eligibility

2.1 Age and Authority

You must be at least 18years old to use the Service. If you are under 18, you may use the Service onlywith the involvement and supervision of a parent or legal guardian. If you areaccepting these Terms on behalf of a legal entity, you represent and warrantthat you have the authority to bind that entity.

2.2Compliance

By using the Service, youagree that your use complies with all applicable laws, rules, regulations,industry standards, carrier requirements, platform policies, contractualobligations, and third-party rights, and that you have not been previouslysuspended or removed from the Service.

2.3 Sanctions andRestricted Persons

You maynot use the Service if you are located in, organized under the laws of, orordinarily resident in any country or territory subject to applicable tradesanctions or embargoes, or if you are listed on any restricted party listmaintained by the United States government or another applicable authority.

3. Accounts andRegistration

3.1 Registration

In order to access certainfeatures of the Service, including the AI Platform, you may be required toregister for an account. You agree to provide accurate, complete, and currentinformation during registration and to update this information as necessary.

3.2 Account Security

You are solelyresponsible for maintaining the confidentiality of your account credentials.All activities that occur under your account are your responsibility. If yoususpect any unauthorized use of your account, you must notify us immediately atinfo@aitoleads.com or by phone at 877-848-1956.

3.3 Authorized Users

Customer is responsiblefor all acts and omissions of its employees, contractors, agents,representatives, administrators, and other users who access or use the Servicethrough Customer’s account or on Customer’s behalf. Customer will ensure thatall authorized users comply with these Terms.

3.4 Account Administration

Customer isresponsible for managing user access, permissions, integrations, credentials,and security settings. AiToLeads is not responsible for unauthorized accesscaused by Customer’s failure to secure credentials, devices, systems,integrations, or user permissions.

4. Licenses andUse of the Service

4.1 Limited License

Subject to your fullcompliance with these Terms and payment of all applicable fees, AiToLeadsgrants you a limited, revocable, non-exclusive, non-transferable,non-sublicensable, and worldwide license to access and use the Service solelyfor your personal or internal business purposes and only in accordance withthese Terms and any applicable order form or written agreement. This licensedoes not include the right to commercially exploit, resell, sublicense,white-label, or distribute any portion of the Service except as expresslyauthorized in writing by AiToLeads.

4.2 License Restrictions

Except as expresslypermitted under these Terms, you agree that you will not:

1.      Reproduce, modify, distribute,sell, lease, sublicense, publicly display, publicly perform, or otherwiseexploit any part of the Service;

2.      Reverse engineer, decompile,disassemble, decode, or attempt to derive the source code, underlying models,prompts, system instructions, architecture, or non-public components of theService;

3.      Use the Service to develop,train, support, or improve a competing product or service;

4.      Circumvent, disable, bypass, orotherwise interfere with any security, rate limit, usage limit, access control,authentication, monitoring, or enforcement mechanism of the Service;

5.      Use the Service outside thescope of your authorized use, plan, order form, or written agreement;

6.      Remove or obscure proprietarynotices;

7.      Use the Service in a way thatinfringes, misappropriates, or violates any rights of AiToLeads, its vendors,its licensors, or any third party;

8.      Use the Service to transmitmalicious software, harmful code, phishing content, deceptive content, orunlawful communications;

9.      Attempt to gain unauthorizedaccess to the Service, accounts, systems, networks, data, or integrations;

10.  Use the Service in any mannerthat may damage, disable, overburden, impair, or disrupt the Service or anythird-party system.

4.3 Feedback

If you provide any feedback,suggestions, comments, ideas, improvements, requests, or recommendationsregarding the Service (“Feedback”), you grant AiToLeads a perpetual,irrevocable, non-exclusive, royalty-free, fully paid, transferable,sublicensable, and worldwide license to use, reproduce, modify, distribute,display, perform, incorporate, and otherwise exploit such Feedback withoutrestriction or obligation to compensate you.

4.4 Use of the AI Platform

Any access to oruse of our AI Platform is subject to these Terms and any additional terms thatmay be provided at the point of use. In the event of a conflict, the additionalterms specific to the AI Platform will govern only to the extent they expresslystate that they control.

5. Ownershipand Intellectual Property

5.1 AiToLeads Ownership

All content,features, graphics, designs, data, software, technology, workflows, models,algorithms, prompts, system instructions, configurations, interfaces,templates, call-flow structures, documentation, methods, processes, know-how,and other materials provided by AiToLeads are owned by or licensed toAiToLeads. Except as expressly permitted herein, you have no rights to useAiToLeads IP beyond the limited license granted above.

5.2 Customer Ownership

As between Customerand AiToLeads, Customer retains ownership of Customer Data, subject to thelicenses and rights granted in these Terms.

5.3 License to Customer Data

Customer grantsAiToLeads and its affiliates, vendors, contractors, subprocessors, and serviceproviders a non-exclusive, worldwide, royalty-free license to host, store,reproduce, process, transmit, display, analyze, use, modify, format, andotherwise handle Customer Data, Lead Data, Communication Data, and Outputs asnecessary to provide, operate, maintain, secure, support, improve, enforce, anddevelop the Service; comply with law; prevent fraud, abuse, or securityincidents; enforce these Terms; and fulfill AiToLeads’ contractual obligations.

5.4 Aggregated and De-Identified Data

AiToLeadsmay create, use, disclose, and retain aggregated, anonymized, or de-identifieddata derived from use of the Service, provided such data does not identifyCustomer or any individual. AiToLeads may use such data for analytics,benchmarking, service improvement, model evaluation, quality assurance,security, research, reporting, and business purposes.

5.5 Trademarks

All trademarks, service marks,logos, and trade names displayed on or through the Service are the property ofAiToLeads or its licensors. You may not use any such marks without our priorwritten permission.

5.6 Reservation of Rights

All rights notexpressly granted to you are reserved by AiToLeads and its licensors.

6. CustomerData, Privacy, and Security

6.1 CustomerResponsibility for Data

Customeris solely responsible for the accuracy, quality, legality, integrity,reliability, and appropriateness of Customer Data, Lead Data, scripts, prompts,offers, disclosures, campaign instructions, and other materials provided to orused through the Service.

6.2 Lawful Basis and Consent

Customerrepresents and warrants that it has all rights, licenses, permissions,authorizations, notices, consents, and lawful bases required to provideCustomer Data and Lead Data to AiToLeads and to authorize AiToLeads to processsuch data as contemplated by these Terms.

6.3 Sensitive Information

Customer will notupload, transmit, collect, request, or process sensitive personal informationthrough the Service unless expressly authorized in writing by AiToLeads andunless Customer has implemented all legally required notices, consents,safeguards, and compliance controls. Sensitive information may includegovernment identification numbers, financial account information, payment carddata, protected health information, precise geolocation, biometric data,children’s data, criminal history, and other legally sensitive or regulateddata.

6.4 Privacy Policy

AiToLeads’ handling ofpersonal information is described in our Privacy Policy, which is incorporatedby reference into these Terms. Customer is responsible for providing its ownlegally required privacy notices to its customers, leads, prospects, employees,and other individuals.

6.5 Data Processing Addendum

If applicablelaw requires a data processing addendum or similar agreement, Customer mayrequest one from AiToLeads. If executed by the parties, the data processingaddendum will apply to the processing of personal information covered by thataddendum.

6.6 Security Measures

AiToLeads will usecommercially reasonable administrative, technical, and organizational measuresdesigned to protect Customer Data against unauthorized access, loss, misuse, oralteration. Customer acknowledges that no system, network, software, AI tool,communications platform, or method of transmission is completely secure.

6.7 Security Incidents

AiToLeads will providenotice of a confirmed security incident involving Customer Data as required byapplicable law or any applicable written agreement between the parties.Customer is responsible for providing legally required notices to its owncustomers, leads, prospects, regulators, and other affected individuals unlessotherwise agreed in writing.

6.8 Data Retention andDeletion

AiToLeads mayretain Customer Data, Communication Data, Usage Data, logs, recordings,transcripts, and Outputs for as long as necessary to provide the Service,comply with legal obligations, resolve disputes, enforce agreements, maintainsecurity, conduct audits, and support legitimate business purposes. Customermay request deletion of Customer Data, subject to legal, technical,contractual, backup, security, and operational limitations.

7. CommunicationsCompliance

7.1 Customer Responsibility

Customer issolely responsible for ensuring that all communications initiated, sent,received, processed, configured, or facilitated through or in connection withthe Service comply with all applicable laws, rules, regulations, industrystandards, carrier requirements, platform policies, and third-party rights.This includes, without limitation, laws and rules relating to telemarketing,artificial voice, prerecorded voice, automatic telephone dialing systems,SMS/MMS, email, do-not-call rules, call recording, consent, privacy,advertising, marketing, consumer protection, and unfair or deceptive acts orpractices.

7.2 Consent and ContactList Warranty

Customerrepresents and warrants that, before uploading, importing, providing, calling,texting, emailing, messaging, or otherwise contacting any person through or inconnection with the Service, Customer has obtained and will maintain alllegally required consents, permissions, authorizations, registrations, andlawful bases required for the applicable communication channel, message type,campaign, purpose, and jurisdiction.

7.3 Consent Records

Customer must maintaincomplete and accurate records demonstrating consent and lawful basis for eachcontact, including, where applicable, the date, time, source, method, phonenumber, email address, IP address, form URL, disclosure language, opt-in language,campaign purpose, and opt-out or revocation history. Customer will provide suchrecords to AiToLeads promptly upon request.

7.4 Prohibited Contact Sources

Customer maynot use the Service with contact lists or Lead Data that were purchased,rented, scraped, harvested, obtained from public directories, collected throughmisleading means, transferred without valid permission, or otherwise obtainedor used without all legally required rights, notices, consents, andauthorizations.

7.5 TCPA, TSR, DNC, andSimilar Laws

Customer issolely responsible for compliance with the Telephone Consumer Protection Act,Telemarketing Sales Rule, federal and state do-not-call laws, statetelemarketing registration laws, state mini-TCPA laws, state privacy laws,call-time restrictions, caller identification requirements, disclosurerequirements, opt-out requirements, consent requirements, recordkeepingrequirements, and any similar or successor laws, rules, or regulations.

7.6 AI Voice,Artificial Voice, and Prerecorded Voice

Customeracknowledges that AI-generated voice communications, artificial voicecommunications, prerecorded voice communications, automated calls, andAI-enabled calling workflows may be subject to specific legal restrictions andconsent requirements. Customer is solely responsible for determining andsatisfying all consent, disclosure, identification, registration, opt-out,recordkeeping, and compliance obligations applicable to such communications.

7.7 No Deceptive AI Use

Customer may not usethe Service to mislead, deceive, impersonate, or falsely suggest that an AIAgent is a human representative where such representation would be unlawful,deceptive, or materially misleading. Customer is responsible for determiningwhether disclosure that a communication involves artificial intelligence,automation, artificial voice, prerecorded voice, or call recording is legallyrequired or otherwise appropriate.

7.8 CallRecording, Monitoring, and Transcription

Customeris solely responsible for determining whether notice, consent, or otherauthorization is required before recording, monitoring, transcribing,analyzing, storing, or reviewing any call or communication. Customer will notuse the Service to record, monitor, transcribe, analyze, or store anycommunication unless all required notices and consents have been obtained.

7.9 Opt-Outs,Revocations, and Suppression

Customermust honor all opt-out, STOP, unsubscribe, do-not-call, revocation, andsuppression requests immediately or within the time required by law, whicheveris shorter. Customer may not re-upload, re-contact, bypass, override, orattempt to circumvent suppression of any person who has opted out,unsubscribed, requested not to be contacted, or revoked consent.

7.10 Customer CampaignResponsibility

Customeris solely responsible for all scripts, prompts, offers, claims, disclosures,representations, pricing, appointment rules, service areas, eligibility rules,warranties, financing statements, promotions, and instructions used by orthrough the Service. Customer must review and approve all such materials beforelaunch and must promptly notify AiToLeads of any updates or inaccuracies.

7.11 ComplianceTools Do Not Guarantee Compliance

AiToLeadsmay provide templates, scripts, recommendations, disclosures,compliance-related features, configuration options, or operational tools. Theseare provided for convenience only. AiToLeads does not provide legal advice anddoes not guarantee that Customer’s use of the Service complies with any law,regulation, industry rule, carrier policy, or contractual obligation. Customeris responsible for consulting its own legal counsel.

8. SMS/MMSCommunications Terms

8.1 SMS CommunicationsFrom AiToLeads

Byproviding your mobile phone number to AiToLeads and opting into SMScommunications, you consent to receive SMS/MMS messages from AiToLeads. Messagefrequency may vary. Message and data rates may apply. You may opt out at anytime by replying STOP, or by using any other opt-out mechanism provided in ourmessages. For help, reply HELP or contact us at 877-848-1956.

8.2 SMS Content

The content of our SMSmessages may include informational messages, account-related notices, updates,appointment information, promotions, and relevant offers from AiToLeads.

8.3 SMS Privacy

We respect your privacy andmaintain your personal information as described in our Privacy Policy. Yourinformation will not be shared with third parties for their own marketingpurposes except as disclosed in our Privacy Policy or as permitted by law.

8.4 Message Delivery

We make reasonableefforts to ensure timely delivery of SMS messages, but we cannot guaranteedelivery to all recipients due to factors beyond our control, includingtechnical limitations, carrier filtering, carrier outages, device limitations,network restrictions, or third-party service interruptions.

8.5 SMS Disclaimers

We are not liable for anydelays, errors, filtering, blocking, or interruptions in the delivery of SMSmessages. SMS messages do not constitute legal advice or professionalrecommendations.

8.6 Customer SMS/MMS Campaigns

If Customeruses the Service to send, receive, automate, facilitate, or manage SMS/MMSmessages, Customer is solely responsible for ensuring that all campaigns complywith applicable law, CTIA guidelines, carrier rules, 10DLC registrationrequirements, messaging provider policies, and all consent, disclosure,opt-out, and recordkeeping requirements.

8.7 Carrier and VendorEnforcement

AiToLeadsmay suspend, throttle, block, modify, or terminate any SMS/MMS campaign, phonenumber, message flow, registration, or account that is rejected, filtered,flagged, blocked, or deemed non-compliant by AiToLeads, its vendors, carriers,aggregators, messaging providers, regulators, or industry bodies.

8.8 Prohibited SMS/MMS Content

Customer maynot use the Service to send unlawful, deceptive, abusive, harassing,fraudulent, misleading, or prohibited SMS/MMS content, including contentinvolving phishing, impersonation, illegal goods or services, unauthorized debtrelief, deceptive financial offers, unlawful health claims, hate or harassment,or any content prohibited by carriers, aggregators, messaging providers, orapplicable law.

8.9 Changes to SMS Terms

We may modify theseSMS terms at any time. Changes will be effective upon posting on our website oras otherwise communicated where required. Continued use of SMS communicationsafter changes become effective constitutes acceptance of the updated SMS terms.

9. EmailCommunications Compliance

If Customer uses the Service to send, automate, facilitate, draft,or manage email communications, Customer is solely responsible for compliancewith the CAN-SPAM Act, state email laws, privacy laws, platform rules, and allother applicable requirements. Customer must ensure that all commercial emailsinclude legally required disclosures, sender identification, physical mailingaddress, truthful subject lines, truthful header information, and functioningunsubscribe mechanisms.

10.Acceptable Use Policy and Prohibited Conduct

When using the Service, you agree not to:

1.       Violate any applicable local, state, national, or international law,rule, regulation, industry standard, carrier requirement, platform policy,contractual obligation, or third-party right;

2.       Interfere with or disrupt the security, integrity, availability, oroperation of the Service;

3.       Upload, transmit, or distribute malicious software, viruses, worms,Trojan horses, ransomware, spyware, or other harmful code;

4.       Engage in fraudulent activities, impersonation, deception, phishing,spoofing, unauthorized access, credential harvesting, or identitymisrepresentation;

5.       Import, upload, or use contacts for outreach via artificial voice,prerecorded voice, AI voice, automated calls, SMS/MMS, email, or othercommunications without obtaining all required consents and complying with allapplicable laws, including the TCPA and TSR;

6.       Use the Service for unlawful robocalling, robotexting, spam,deceptive lead generation, unlawful telemarketing, or unlawful marketingautomation;

7.       Use the Service to impersonate any person or entity or falselysuggest affiliation, endorsement, sponsorship, identity, authority, or humaninvolvement;

8.       Clone, simulate, imitate, or misappropriate any person’s voice,name, image, likeness, identity, or persona without all legally requiredrights, consents, and authorizations;

9.       Use the Service to harass, threaten, abuse, defame, stalk,intimidate, discriminate against, or exploit any person;

10.   Use the Service to generate, promote, or distribute unlawful,deceptive, discriminatory, hateful, sexually exploitative, violent, or abusivecontent;

11.   Use the Service for emergency services, crisis response, medicaldiagnosis, legal advice, financial advice, or other high-risk uses withoutAiToLeads’ prior written approval;

12.   Use the Service to make or substantially assist decisions regardingemployment, housing, credit, lending, education, healthcare, insurance,criminal justice, government benefits, or other legally regulated eligibilitydeterminations without AiToLeads’ prior written approval;

13.   Use the Service to collect or process payment card information,protected health information, children’s data, biometric data, or otherregulated sensitive information unless expressly authorized by AiToLeads inwriting;

14.   Attempt to extract, reveal, reverse engineer, or misuse non-publicprompts, system messages, model instructions, credentials, API keys, sourcecode, architecture, security controls, or proprietary methods;

15.   Use the Service to create, support, train, or improve a competingproduct or service;

16.   Bypass, disable, manipulate, or circumvent rate limits, usagerestrictions, compliance controls, safety controls, monitoring systems, oraccess controls;

17.   Misrepresent pricing, financing, discounts, warranties, savings,eligibility, product availability, service availability, or appointmentavailability;

18.   Use the Service in any way that exposes AiToLeads, its affiliates,vendors, customers, or users to legal, regulatory, security, operational,financial, or reputational risk.

AiToLeads may investigate suspected violations and may suspend orterminate access to the Service as described in these Terms.

11.Third-Party Services, Content, and Links

11.1 External Websites

Our Service may containlinks to websites or online properties that are not owned or controlled byAiToLeads (“External Sites”). We are not responsible for the content, privacypractices, security, availability, accuracy, or practices of any External Sites.Your use of External Sites is at your own risk and subject to their respectiveterms and policies.

11.2 Third-Party Integrations

The Service mayintegrate with or depend on third-party platforms, systems, APIs, CRMs,calendars, messaging providers, telephony providers, carriers, AI providers,hosting providers, analytics providers, payment processors, and other vendors.AiToLeads is not responsible for third-party services, interruptions, outages,errors, data loss, changes, fees, restrictions, suspensions, or policydecisions.

11.3 CustomerAuthorization for Integrations

Customerrepresents and warrants that it has all rights and permissions required toconnect third-party systems to the Service and to authorize AiToLeads toaccess, transmit, receive, process, and use data through those integrations.

11.4 Third-Party Terms

Customer’s use ofthird-party services may be subject to separate third-party terms, policies,fees, restrictions, and compliance requirements. Customer is responsible forcomplying with all such third-party terms.

12. AI Platform Terms

These AI Platform Terms are incorporated into and made part of theoverall Terms above.

12.1 AI Platform

The AI Platform is ourproprietary, web-based software tool and related technology that enables you toconfigure, access, deploy, use, or manage AI Agents, AI-enabled workflows,communications automations, related outputs, and related services.

12.2 Licensee Data

Any data, content, orinformation that you upload, input, or otherwise provide through the AIPlatform is Customer Data or Licensee Data.

12.3 Licensee AI Agent

Any AI model, tool,workflow, agent, automation, or configuration created by or for you using theAI Platform is a “Licensee AI Agent,” subject to AiToLeads’ ownership ofAiToLeads IP and Customer’s ownership of Customer Data.

12.4 AiToLeads IP

All intellectual propertyrights in and to the AI Platform, including software, algorithms, models,workflows, prompts, configurations, templates, and proprietary technologies,are owned by or licensed to AiToLeads. Except for Customer Data, you have no rightsto such intellectual property except as expressly stated in these Terms.

12.5 Grant of License

Subject to your fullcompliance with these Terms and payment of all applicable fees, AiToLeadsgrants you a non-exclusive, non-transferable, non-sublicensable, revocablelicense to access and use the AI Platform solely for your internal businesspurposes.

12.6 Usage Restrictions

You agree not to:

1.       Reverse engineer, decompile, or disassemble the AI Platform;

2.       Modify, copy, or create derivative works of the AI Platform exceptas expressly permitted;

3.       Use the AI Platform to develop a competing product or service;

4.       Violate any applicable export or re-export control laws;

5.       Extract, reveal, or misuse prompts, model instructions, systeminstructions, or non-public configurations;

6.       Use the AI Platform for any prohibited or high-risk use described inthese Terms.

12.7 Ownership

All rights, title, and interestin and to the AI Platform and any improvements, modifications, updates,enhancements, or derivative works thereto are and shall remain the exclusiveproperty of AiToLeads. You retain all rights in your Customer Data, subject tothe licenses granted herein.

12.8 Feedback

Any feedback or suggestionsyou provide regarding the AI Platform may be used by AiToLeads withoutrestriction, obligation, or compensation.

12.9 AI Output Disclaimer

Customeracknowledges that AI-generated Outputs may be inaccurate, incomplete, delayed,inconsistent, or unsuitable for a particular purpose. Customer is responsiblefor reviewing, validating, approving, and monitoring all Outputs, includingresponses, summaries, transcripts, classifications, recommendations, calldispositions, lead scores, appointment details, and follow-up actions beforerelying on them or using them in business decisions.

12.10 Human Review

Customer is responsible fordetermining when human review, supervision, intervention, approval, orescalation is necessary or legally required. AiToLeads does not guarantee thatAI Agents will detect every issue, handle every communication correctly, complywith every legal requirement, or produce error-free Outputs.

12.11 No Professional Advice

Outputs and AIAgent communications do not constitute legal, financial, medical, accounting,tax, insurance, employment, or other professional advice. Customer isresponsible for consulting qualified professionals where appropriate.

12.12 Model and Service Changes

AiToLeads maymodify, update, replace, retrain, reconfigure, suspend, or discontinue AImodels, AI Agents, features, prompts, workflows, vendors, or Service componentsat any time, subject to any applicable written agreement.

12.13 Beta Features

AiToLeads may offer beta,pilot, experimental, preview, or early-access features. Such features areprovided “as is,” may be modified or discontinued at any time, may be subjectto additional restrictions, and should not be used for mission-critical or legallysensitive purposes unless expressly authorized in writing.

13. Fees,Payment, Subscription Terms, and Cancellation

13.1 Access Tiers

Access to the Service may beoffered on a free trial, free tier, paid subscription, usage-based plan,managed services plan, professional services arrangement, or other basis.Applicable fees, usage limits, features, and billing terms may be described inan order form, pricing schedule, invoice, checkout page, or other writtenagreement.

13.2 Payment Authorization

If you purchase apaid plan or service, you authorize AiToLeads and its payment processors tocharge your payment method for all applicable fees, including recurringsubscription fees, setup fees, implementation fees, usage fees, overage fees,messaging fees, call fees, phone number fees, integration fees, professionalservices fees, taxes, and other charges described at the time of purchase or inan applicable agreement.

13.3 Recurring Billing

Unless otherwise statedin an applicable order form or written agreement, paid subscriptionsautomatically renew for successive renewal periods until cancelled inaccordance with these Terms or the applicable agreement.

13.4 Usage Fees and Overages

Customer isresponsible for all usage-based charges, including charges for calls, minutes,messages, phone numbers, AI usage, data processing, integrations, and otherusage metrics. If Customer exceeds applicable usage limits, AiToLeads maycharge overage fees, throttle usage, require a plan upgrade, or suspendaffected features.

13.5 Non-Subscription Services and Invoice Payment Terms‍

AiToLeads may provide services that are not included in Customer’s monthlysubscription, recurring plan, or standard platform fees, includingimplementation services, customization services, managed services, consulting,training, campaign setup, workflow configuration, integrations, additionalsupport, professional services, usage-based services, one-time services, orother services requested, approved, or used by Customer. Unless otherwisestated in an applicable order form, statement of work, invoice, or writtenagreement, Customer agrees to pay all invoices for non-subscription serviceswithin fifteen (15) days after receipt of the invoice. Amounts not paid whendue may result in suspension or termination of the Service, paused campaigns,disabled AI Agents, withheld deliverables, late fees or interest wherepermitted by law, collection activity, and recovery of reasonable collectioncosts, attorneys’ fees, and other amounts incurred by AiToLeads to collectunpaid amounts.

13.6 Taxes

Fees are exclusive of taxes unlessexpressly stated otherwise. Customer is responsible for all applicable taxes,duties, levies, assessments, and governmental charges, excluding taxes based onAiToLeads’ net income.

13.7 Failed Payments

If a payment fails or isoverdue, AiToLeads may suspend or terminate access to the Service, pausecampaigns, disable AI Agents, suspend phone numbers or messaging capabilities,charge late fees where permitted, and use lawful collection methods. Customerremains responsible for all amounts owed.

13.8 Refunds

All fees are non-refundableunless expressly stated in an applicable written agreement or required by law.Setup fees, implementation fees, professional services fees, usage fees,messaging fees, call fees, and partially used subscription periods are non-refundableunless expressly agreed in writing.

13.9 Cancellation

Customer may cancel asubscription or account as described in the applicable order form, checkoutflow, written agreement, or by contacting AiToLeads at info@aitoleads.com.Cancellation does not relieve Customer of payment obligations incurred beforecancellation and does not entitle Customer to a refund unless expressly statedin writing.

13.10 Chargebacks

Customer agrees not toinitiate chargebacks for valid charges. If Customer initiates a chargeback,AiToLeads may suspend or terminate access to the Service and recover chargebackfees, collection costs, and other amounts owed to the extent permitted by law.

14.Implementation, Support, and Customer Cooperation

14.1 Customer Cooperation

Customer will timelyprovide accurate and complete information, access, materials, approvals,credentials, scripts, policies, offers, pricing, service areas, appointmentrules, disclosures, and business requirements reasonably necessary forAiToLeads to provide the Service.

14.2 Customer Review andApproval

Customer isresponsible for reviewing, testing, approving, and monitoring AI Agents,scripts, prompts, call flows, messaging flows, integrations, campaign settings,and Outputs. Customer must promptly notify AiToLeads of inaccuracies, requiredupdates, business rule changes, compliance changes, or operational issues.

14.3 No Guarantee of Results

AiToLeads doesnot guarantee any specific number of leads, appointments, calls, conversions,sales, revenue, savings, response rates, or business outcomes. Results dependon factors outside AiToLeads’ control, including Customer’s market, offer,pricing, sales process, data quality, response time, advertising, staffing,operations, compliance, and third-party systems.

14.4 Support

AiToLeads may provide support asdescribed in an applicable order form, written agreement, or support policy.Unless expressly agreed in writing, AiToLeads does not guarantee responsetimes, resolution times, uptime, or uninterrupted support availability.

15.Suspension, Termination, and Modification of the Service

15.1 Term

These Terms are effective when youfirst access or use the Service and will continue in effect until terminated asprovided herein.

15.2 Termination by AiToLeads

AiToLeads mayterminate or suspend your access to the Service, with or without notice, at anytime for any reason, including any violation of these Terms, failure to pay,suspected fraud, legal risk, security risk, operational risk, reputationalrisk, vendor or carrier requirement, or misuse of the Service.

15.3 Termination by Customer

You may terminateyour account at any time by contacting us at info@aitoleads.com or by phone at877-848-1956, subject to any payment obligations, minimum terms, cancellationrequirements, or other restrictions in an applicable order form or written agreement.

15.4 ImmediateSuspension for Compliance Risk

AiToLeadsmay immediately suspend, restrict, throttle, block, or terminate any campaign,account, phone number, SMS capability, AI Agent, integration, workflow, orService feature if AiToLeads reasonably believes that continued use may violatelaw, third-party rights, carrier rules, vendor policies, these Terms, or mayexpose AiToLeads, its affiliates, vendors, licensors, customers, or users toliability, security risk, operational disruption, reputational harm, regulatoryinquiry, consumer complaint, or service disruption.

15.5 Effect of Termination

Upon termination,all licenses granted under these Terms will immediately cease, and you muststop using the Service and destroy any copies of materials obtained through theService. Termination will not relieve you of any obligations incurred prior totermination, including payment obligations, indemnity obligations,confidentiality obligations, or compliance obligations.

15.6 Modification of theService

AiToLeadsreserves the right to modify, suspend, or discontinue all or any portion of theService at any time without notice. We will have no liability for anymodifications, suspensions, interruptions, or discontinuations of the Service.

15.7 Survival

Sections relating to ownership,Customer Data rights, payment obligations, compliance obligations,confidentiality, disclaimers, limitation of liability, indemnification, disputeresolution, governing law, and any other provisions that by their nature shouldsurvive termination will survive termination.

16. Confidentiality

16.1 Confidential Information

“ConfidentialInformation” means non-public information disclosed by one party to the otherparty that is designated as confidential or that should reasonably beunderstood to be confidential given the nature of the information andcircumstances of disclosure. Confidential Information may include businessinformation, technical information, product plans, pricing, financialinformation, Customer Data, platform information, workflows, prompts, scripts,credentials, security information, and proprietary methods.

16.2 ConfidentialityObligations

Each partywill use the other party’s Confidential Information only to perform or receivethe Service, exercise rights under these Terms, or fulfill obligations underthese Terms. Each party will protect the other party’s Confidential Informationusing reasonable care and will not disclose it to third parties except toemployees, contractors, advisors, affiliates, vendors, subprocessors, orservice providers who need to know the information and are bound byconfidentiality obligations, or as required by law.

16.3 Exclusions

Confidential Information doesnot include information that is publicly available without breach of theseTerms, already known without confidentiality obligation, independentlydeveloped without use of the other party’s Confidential Information, or rightfullyreceived from a third party without confidentiality obligation.

16.4 Required Disclosure

A party may discloseConfidential Information if required by law, subpoena, court order, orgovernment authority, provided that the party gives prompt notice where legallypermitted and cooperates with reasonable efforts to limit disclosure.

17.Intellectual Property Infringement Claims

If you believe that your intellectual property rights have beeninfringed by content on our Service, please send a notice containing thefollowing information to contact@aitoleads.com:

1.       Your full name, title, and contact information;

2.       A description of the copyrighted work or other intellectual propertythat you believe has been infringed;

3.       Identification of the material that you claim is infringing and itslocation on the Service;

4.       A statement that you have a good faith belief that the disputed useis not authorized by the rights owner, its agent, or the law;

5.       A statement, under penalty of perjury, that the above information isaccurate and that you are authorized to act on behalf of the rights owner.

AiToLeads may remove or disable access to allegedly infringingmaterial and may terminate repeat infringers where appropriate.

18. Indemnification

18.1 Customer Indemnity

Customer agrees todefend, indemnify, and hold harmless AiToLeads, Massive Action Marketing LLC,and their respective affiliates, officers, directors, employees, agents,contractors, vendors, licensors, successors, and assigns from and against anyclaims, demands, actions, investigations, proceedings, liabilities, damages,losses, settlements, penalties, fines, costs, and expenses, includingreasonable attorneys’ fees, arising out of or relating to:

1.       Customer’s access to or use of the Service;

2.       Customer Data, Lead Data, Communication Data, scripts, prompts,campaign instructions, offers, claims, disclosures, or materials provided by oron behalf of Customer;

3.       Customer’s violation of these Terms;

4.       Customer’s violation of any law, rule, regulation, industrystandard, carrier requirement, platform policy, contractual obligation, orthird-party right;

5.       Customer’s alleged or actual violation of the TCPA, TSR, CAN-SPAMAct, do-not-call laws, state telemarketing laws, state privacy laws, callrecording laws, SMS/MMS rules, carrier rules, 10DLC requirements, or similarlaws or policies;

6.       Customer’s failure to obtain, maintain, document, or honor consent,opt-outs, revocations, unsubscribe requests, DNC requests, or suppressionrequests;

7.       Customer’s contact lists, consent records, campaign content,scripts, offers, communications, call recordings, SMS/MMS messages, emails, AIAgent instructions, or approved workflows;

8.       Customer’s use of the Service for deceptive, unlawful, high-risk, orprohibited purposes;

9.       Any dispute between Customer and Customer’s customers, leads,prospects, employees, contractors, vendors, or other third parties.

18.2 Indemnification Procedure

AiToLeads willprovide Customer with notice of any indemnifiable claim, provided that failureto give prompt notice will not relieve Customer of its obligations except tothe extent Customer is materially prejudiced. AiToLeads may control the defenseand settlement of any claim, or may allow Customer to control the defense withcounsel reasonably acceptable to AiToLeads. Customer may not settle any claimin a manner that admits fault by AiToLeads, imposes obligations on AiToLeads,or fails to provide a full release without AiToLeads’ prior written consent.

19. Disclaimers andNo Warranties

19.1 Disclaimer of Warranties

THE SERVICE ISPROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND,WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENTPERMITTED BY LAW, AITOLEADS DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, RELIABILITY, AVAILABILITY,SECURITY, AND ERROR-FREE OPERATION.

19.2 No Warrantyfor Uninterrupted or Secure Service

Wedo not guarantee that the Service will be uninterrupted, error-free, accurate,complete, secure, timely, compliant, or available, or that any defects will becorrected.

19.3 AI andCommunications Disclaimer

AiToLeadsdoes not warrant that AI Agents, Outputs, scripts, transcripts, summaries,classifications, recommendations, communications, integrations, automations, orworkflows will be accurate, complete, lawful, compliant, uninterrupted, secure,or suitable for Customer’s intended purpose.

19.4 No Legal orProfessional Advice

AiToLeadsdoes not provide legal, financial, tax, medical, insurance, employment,compliance, or other professional advice. Customer is solely responsible forobtaining advice from qualified professionals.

19.5 Third-Party Services

AiToLeads does notwarrant or control third-party services, including carriers, aggregators,messaging providers, telephony providers, AI providers, CRMs, hostingproviders, payment processors, integrations, or external websites.

20. Limitation ofLiability

20.1 Exclusion of Damages

TO THE FULLESTEXTENT PERMITTED BY LAW, IN NO EVENT SHALL AITOLEADS, MASSIVE ACTION MARKETINGLLC, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS,VENDORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FORLOSS OF PROFITS, GOODWILL, REVENUE, DATA, BUSINESS OPPORTUNITY, REPUTATION, OROTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITYTO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE,STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

20.2 Liability Cap

TO THE FULLEST EXTENTPERMITTED BY LAW, THE AGGREGATE LIABILITY OF AITOLEADS, MASSIVE ACTIONMARKETING LLC, AND THEIR AFFILIATES, WHETHER IN CONTRACT, TORT, STATUTE, OROTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) $100; OR (B) THE AMOUNTS PAIDBY CUSTOMER TO AITOLEADS FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THETHREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

20.3 Exceptions

Some jurisdictions do notallow certain limitations of liability, so some limitations may not apply toyou. Nothing in these Terms limits liability to the extent such limitation isprohibited by law.

20.4 Allocation of Risk

The limitations ofliability in these Terms are a fundamental basis of the bargain between theparties and apply regardless of the form of action, whether in contract, tort,negligence, strict liability, statute, or otherwise.

21. Modifications toThese Terms

AiToLeads reserves the right to modify or update these Terms at anytime. We will post material changes on our website or notify you directly ifrequired by law. Your continued use of the Service after any changes becomeeffective constitutes your acceptance of the updated Terms. If you do not agreeto the updated Terms, you must stop using the Service.

22. GoverningLaw and Dispute Resolution

22.1 Governing Law

These Terms shall begoverned by and construed in accordance with the laws of the State of Indiana,United States, without regard to conflict of laws principles.

22.2 Arbitration

Any dispute, claim, orcontroversy arising out of or relating to these Terms, the Service, or therelationship between you and AiToLeads shall be resolved exclusively by bindingarbitration in a designated venue within Indiana, in accordance with the rulesof the American Arbitration Association, except as otherwise provided in thissection.

22.3 Class Action andJury Trial Waiver

Youand AiToLeads each waive any right to a trial by jury and any right toparticipate in a class action, collective action, private attorney generalaction, or representative proceeding.

22.4 Individual Claims Only

All claims must bebrought only in the individual capacity of the party asserting the claim andnot as a plaintiff or class member in any purported class, collective,representative, or private attorney general proceeding.

22.5 Injunctive Relief

Notwithstanding theforegoing, AiToLeads may seek injunctive or equitable relief in any court ofcompetent jurisdiction to protect its intellectual property, ConfidentialInformation, security, systems, users, vendors, or Service.

22.6 Small Claims

Either party may bring anindividual claim in small claims court if the claim qualifies and remains inthat court.

23. Miscellaneous

23.1 Entire Agreement

These Terms, togetherwith any Additional Terms, order forms, statements of work, policies, addenda,and agreements referenced herein, including our Privacy Policy, Cookie Policy,and any applicable SMS/MMS terms, constitute the entire agreement between youand AiToLeads regarding your use of the Service.

23.2 Assignment

You may not assign or transferthese Terms, in whole or in part, without our prior written consent. AiToLeadsmay assign or transfer these Terms at any time, including in connection with amerger, acquisition, reorganization, sale of assets, change of control,corporate restructuring, or by operation of law.

23.3 Severability

If any provision of theseTerms is held to be invalid, illegal, or unenforceable, the remainingprovisions will remain in full force and effect, and the invalid, illegal, orunenforceable provision will be enforced to the maximum extent permitted bylaw.

23.4Waiver

No waiver of any provision ofthese Terms will be effective unless in writing and signed by the party againstwhom the waiver is asserted. Failure to enforce any provision will notconstitute a waiver.

23.5 Force Majeure

AiToLeads will not beliable for any delay, failure, interruption, or inability to perform due toevents beyond its reasonable control, including acts of God, natural disasters,war, terrorism, labor disputes, government actions, internet failures, carrierfailures, vendor outages, power failures, cyberattacks, epidemics, pandemics,or other events beyond our reasonable control.

23.6 Relationship of theParties

The partiesare independent contractors. These Terms do not create a partnership, jointventure, agency, fiduciary, franchise, or employment relationship.

23.7Notices

Any notices or communicationsrequired or permitted under these Terms shall be in writing and sent to:

AiToLeads / Massive ActionMarketing LLC
228 Park Ave S Suite 441
New York, NY 10003
Email: info@aitoleads.com
Phone: 877-848-1956

AiToLeads may also providenotices through the Service, by email, by SMS where permitted, or by posting onour website.

23.8 Contact Information

For questionsregarding these Terms, please contact us at:

Email:info@aitoleads.com
Phone: 877-848-1956
Mailing Address: 228 Park Ave S Suite 441, New York, NY 10003

24. Acknowledgment

By using the Service, and where applicable the AI Platform, youacknowledge that you have read, understood, and agree to be bound by theseTerms of Service and all incorporated terms and policies.

If you do not agree to these Terms, do not use the Service or the AIPlatform.