These Terms of Use (the “Terms”) govern the use of our lead generation platform, “LeadCalculators”, as well use of our websites, applications, features, products, resources, and services provided, owned, operated or made available by us (the “Services”).
Please take a moment to read these Terms carefully before subscribing to or using any of the Services. These Terms are a legal contract between LeadCalculators Inc. (“LCINC” or “we” or “us” or “our”) and each person who uses the Services. If you are entering into these Terms on behalf of a company, organization, or another legal entity, you are agreeing to these Terms for that entity and representing to LCINC that you have the authority to bind such entity to these Terms.
In these Terms, we use the word “Subscriber” or “you” to refer to anyone who subscribes to and pays for our software. We use the words “you” and “your” to refer to any user of our Services (such as an individual browsing or using our websites and resources) who accepts these Terms.
Acceptance
By accessing or using any part of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms and conditions that may apply to specific aspects of our Services. If you cannot enter into this agreement or do not want to accept these Terms, you should not access our Services. We reserve the right to change these Terms or to impose new conditions on the use of our Services.
Intellectual Property
LCINC retains all right, title, and interest in and to its respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how, and any other intellectual property and/or proprietary rights now existing or in the future arising (the “Intellectual Property Rights”). The rights granted to you to use the Services under these Terms do not convey any additional rights in the Services, nor in any Intellectual Property Rights of LCINC associated with the Services. Subject only to the limited rights of use and access of the Services stated in these Terms, all rights, title and interest in and to the Services, including Intellectual Property Rights therein, will remain with, and belong exclusively to, LCINC.
License to You. LCINC grants you, a limited license to access and use (i.e., display, print, download) the materials and content within the Services on a personal computer or device for: (a) your internal business purposes; or (b) your own personal, non-commercial use, provided that:
- You retain and keep intact all copyright, trademark or other proprietary notices;
- You do not disseminate or distribute our materials or content publicly without getting our permission for doing so;
- You do not sell or otherwise commercialize our materials or content for your own gain or for the gain of any other person; and
- You abide by our acceptable use provisions as set out below.
Confidentiality. You understand and agree that any non-public information we provide to you such as information about how the Service operates, the contents of any technical documentation, descriptions of any technical safeguards and measures, any communications related to these Terms or the Services, and any other non-public information (collectively, “Confidential Information”) are our proprietary and confidential information. Unless disclosure is required by law or court order, you agree to not disclose Confidential Information to any person other than your legal advisor, accountant, financial advisor or employees who need to know such information for the purpose of advising you (“Advisor”), provided the Advisor uses such information solely for the purpose of advising you and also agrees to maintain the confidentiality of the Confidential Information.
Your Feedback and Contributions. Any feedback or contributions you submit to LCINC will not be considered confidential or proprietary and you hereby grant LCINC a non-exclusive, royalty-free, worldwide, perpetual and irrevocable right and license to use your feedback and contributions, including incorporating them into the Services and sharing them with others who use the Services. Providing feedback or contributions does not make you an author, inventor or contributor of the Services and does not entitle you to any compensation or to any ownership rights in the Services. Additionally, LCINC reserves the right to seek intellectual property protection for any feature, functionality, or component that may be based on, or that were initiated by, your suggestions.
Acceptable Use
You agree that you will only use the Services in a manner that is compliant with all applicable laws. You agree not to use the Services for any purpose which is against any law in your jurisdiction or for any purpose which would not give full effect to the Terms even if that purpose is otherwise allowed under the Terms.
In addition, you must not:
- “frame” or “mirror” any content from our Services on any other website or server
- post or transmit any material that is unlawful, harmful, defamatory, obscene, profane, discriminating, harassing, threatening, infringing of Intellectual Property Rights, invasive of privacy rights, or otherwise objectionable;
- harvest, scrape or otherwise collect information about others from our Services;
- probe, scan or test the vulnerability of the Services or any website, or breach the security or authentication measures of the Services;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Services; or
- pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
LCINC reserves the right to suspend or terminate your use of any or all of the Services, or take other appropriate remedial action, to address any inappropriate conduct or any violation or suspected violation of our Terms.
Subscription
LeadCalculators is available through subscription plans billed on a recurring basis. You may choose between monthly billing or annual billing. Your selected plan determines features, calculator limits, and maximum lead capacity. Charges will be automatically processed using your selected payment method at the beginning of each billing cycle. Upgrading to a higher tier is available at any time, with immediate access to additional features and prorated billing for the remainder of your current cycle. Downgrading is effective at the end of your current billing cycle. Additional add-ons, such as lead nurture sequences, may be purchased separately and will be billed according to their specific terms. All prices are listed in USD unless otherwise specified. Except as set forth below under Termination, all fees are non-refundable.
Subscribers are responsible for:
- Monitoring their own billing information for payment of the fees for their subscription;
- Ensuring that they have a valid payment method for paying the fees; and
- Paying the subscription fees by the due date.
Subscriber Accounts
In order to access and use the Services, you must create an account and specify a login ID and password.
Account Owner. We will treat the person signing up for a subscription on behalf of a Subscriber as the “Account Owner” and will consider them as authorized to administer the account for the Subscriber. This includes authorizing additional user accounts and granting and revoking user access rights and permissions in relation to a Subscriber. The Account Owner is the authorized representative of the Subscriber and will be the person we will contact for all matters related to the Subscriber and Subscribers’ account or data. Any questions about a Subscriber’s subscription and any associated user account(s) should be directed to the Account Owner.
Subscriber Data
“Subscriber Data” means all information provided by an individual to a Subscriber or otherwise received and collected by a Subscriber during the course of using the Services and may include sensitive information such as personal health information (PHI). Subscribers are responsible for ensuring that their collection and use of Subscriber Data complies with applicable laws and regulatory requirements, including obtaining appropriate consent for collection, use, and disclosure of personal information.
LCINC’s Role Regarding Subscriber Data. LCINC is a service provider to Subscribers. LCINC will have access to Subscriber Data to address technical problems affecting the Services; in order to investigate or prevent fraud; or if required to do so by law, regulation or court order. LCINC may use computer-generated algorithms to gather anonymous and aggregated information from Subscriber Data in order to assist in our continued development and improvement of the Services, and for the purpose of analysis or compiling statistical data. We will ensure that such anonymized information is not shared outside of LCINC without the consent of the Subscriber, but we are permitted to share aggregated analysis about the use of the Services.
Third-Party Services
Third-Party Services. We may offer integrations with third-party services that you may choose to use with our Services, such as email services, customer relationship management (CRM) platforms, marketing automation tools, payment processors, analytics providers, and other web applications through direct integrations or services. Your use of these third-party services is subject to the terms and privacy policies of those third-parties, and we do not control and are not responsible for the practices, content, or security of these third-party services. You acknowledge that any data transferred to third-party services through our integrations is governed by the third-party's terms and privacy policy. You are responsible for reviewing and complying with all applicable third-party terms when using these integrations. We make no warranties regarding the continued availability of these integrations and reserve the right to modify, suspend, or discontinue any integration offerings without liability to you.
Links. Our website may contain links to third-party websites and/or information. These links are provided solely as a convenience to you and not as an endorsement by us of any third-party website or the content thereof. Unless expressly stated, we do not operate any third-party website linked to the Site and we are not responsible for the content of any third-party website, nor do we make any representation, warranty or covenant of any kind regarding any third-party website including, without limitation, (i) any representation, warranty or covenant regarding the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party websites; (ii) any representation, warranty or covenant regarding the merchantability and/or fitness for a particular purpose of any third-party websites or material, content, software, goods, or services located at or made available through such third-party websites; or (iii) any representation, warranty or covenant that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components.
Legal Limits
Not Professional Advice. The Services are for general informational purposes only and should not be relied on as professional advice in any respect.
Not Medical Advice. The Services should not be considered professional medical advice, diagnosis, treatment or care, nor are the Services intended to be a substitute therefor. ****
Except as expressly provided in these Terms, you agree to accept full responsibility for determining the value of and for any use of the Services, and for obtaining any needed assistance from a properly licensed professional to assess the value of and appropriate uses for the Services.
General Disclaimer. LCINC does not represent or warrant that:
- The Services will meet your specific needs or requirements;
- The Services will be uninterrupted, timely, 100% secure or free from errors, viruses or other defects; or
- Information provided through the Services will be accurate, timely, complete or reliable.
You understand and agree that : a) except as specifically provided in these terms, the Services are provided “as is” without warranty and that use of the Services is at your sole risk; and b) LCINC makes no representations or warranties of any kind, either express or implied, including, but not limited to, the implied warranties of fitness for a particular purpose, merchantability, quality or non-infringement.
Release of Claims. In no event will LCINC be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Services, and you hereby release us from any and all such claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties, to the fullest extent allowable by applicable law.
Limitation of Liability. To the fullest extent permitted by applicable law, LCINC expressly excludes any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Services including, without limitation, any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental distress, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, in law or in equity, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
Indemnification. You agree at all times to defend, indemnify and hold us harmless, as well as any of our agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses on a solicitor-client basis, arising out of or related to the Services, or your breach of any obligation, warranty, representation or covenant set forth in these Terms or in any other agreement with us, to the full extent permitted by applicable law.
Force Majeur. LCINC shall not be liable for any loss, damage or delay in fulfilling our obligations caused by or resulting from conditions or causes beyond our reasonable control including, but not limited to, power outages, riots, fire, flood, explosion, governmental controls or regulations, civil insurrections, acts of terrorism, civil or military authority, and inability to obtain necessary supplies and materials or perform our obligations due to such causes.
Termination
Overdue Fees. If any fees due from a Subscriber to LCINC are more than 30 days overdue, we may, without limiting our other rights and remedies, suspend or terminate access to the Services until the overdue amounts are paid in full. We will provide at least 7 days prior notice that fees are overdue before we do this; we do not exercise this right if we consider that a Subscriber is disputing the applicable fees reasonably and in good faith and is cooperating diligently to resolve the dispute in a timely manner.
Termination by Us. LCINC may terminate or suspend access to the Services, or suspend or deactivate a Subscriber’s account, if the Subscriber breaches any obligations under these Terms or otherwise uses the Services in a manner that breaches the law.
Refunds. If a Subscriber terminates its subscription due to a breach by LCINC or LCINC discontinues the Services, we will refund any fees you had pre-paid for the remaining unused portion of your subscription term. If LCINC terminates a Subscriber’s subscription due to a breach by the Subscriber, the Subscriber will not be entitled to any refund and must pay any unpaid fees for the remaining unused portion of the subscription term.
Termination does not relieve a Subscriber of its obligation to pay fees for any period prior to the effective date of termination.
Notices, Governing Law, and Disputes
Notices. LCINC will provide Subscribers with notices, alerts and communications regarding the Services and these Terms electronically to the email address on file. Subscribers may update their account information at any time by using their account settings. Any notice you are required or wish to provide to LCINC may be provided to the contacts shown below.
Governing Law. The Services are provided by LCINC from its offices in Ontario, Canada. All matters relating to, access to, and use of the Services will be governed by the laws of the Province of Ontario, Canada.
Disputes. In the event of a dispute, the parties agree to try to settle the dispute through consultation and negotiation in good faith, or through the use some form of non-binding alternative dispute resolution, such as mediation. If the parties are unable to resolve the dispute within 60 days after it first arose, all disputes must be resolved by binding arbitration before a single arbitrator with relevant experience.
Class Action. By accepting these terms, you understand and agree that you are giving up your right to participate as a class representative or class member or any class claim you may have against us.
Disclosure and Consent to Electronic Communications. You understand and agree that you are entering into these Terms electronically and that certain categories of information (“Communications”) may be provided by LCINC to you by electronic means (e.g., via email, through the Service by displaying links to notices generally on the website, or to your mobile device), unless and until you withdraw your consent as described below.
All Communications in either electronic or paper format (if we choose to do so) will be considered to be “in writing.” By agreeing to the Terms, you are also agreeing to receive all documents, communications, notices, contracts, and agreements relating to your access and use of the Services electronically. If you do not wish to receive these Terms or the Communications electronically, you may not access or use the Services.
Waiver. Any consent by LCINC to, or waiver of, a breach of these Terms, which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.
Assignment. These Terms cannot be assigned.
Severability. The invalidity or unenforceability of any provision of these Terms or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of these Terms.
Contact Us
If you have any questions regarding the Services or these Terms, please contact us at legal@leadcalculators.com.
Last Updated: April 9, 2025