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Terms of Use

LeadReplier Terms of Service

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1. THE SERVICE AND BINDING AGREEMENT

LeadReplier (“the Company,” “We,” “Us”) provides an automated lead-engagement platform designed to integrate with Thumbtack. These Terms of Service constitute a legally binding agreement between the business entity you represent (“Client,” “You”) and LeadReplier. By connecting your Thumbtack profile, you represent that you are an authorized agent with the power to bind your business to these Terms under the laws of the State of Delaware.

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2. MONTHLY BILLING AND PAYMENTS

  • Monthly Invoicing: LeadReplier operates on a monthly billing cycle. Around the 15th of each month, you will be invoiced for the total number of leads engaged during the previous calendar month.

  • Fee Structure: Following your 30-day free trial, you will be billed $0.50 (USD) per lead messaged by the Service.

  • Payment Authorization: You authorize LeadReplier to automatically charge the credit card on file each month. Delinquent accounts remaining unpaid for more than thirty (30) days may be subject to a late fee of 1.5% per month or the maximum rate permitted by Delaware law.

  • No Refunds: Given the pay-as-you-go nature of the Service, all monthly charges are final and non-refundable.

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3. SMS COMPLIANCE & TCPA REPRESENTATIONS

As the Service utilizes automated SMS/text technology, compliance is a shared responsibility:

  • Express Consent: Client represents that all leads received via Thumbtack have provided "prior express written consent" to receive automated communications.

  • Compliance with Laws: Client agrees to comply with the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), and all applicable state "mini-TCPA" laws.

  • Automated Opt-Out: LeadReplier will include "Reply STOP to cancel" in automated SMS messages. You agree not to attempt to block or modify these mandatory disclosures.

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4. PRIVACY & DATA PROTECTION (COPPA)

  • Children’s Privacy: In accordance with the Children’s Online Privacy Protection Act (COPPA), LeadReplier does not knowingly collect or store information from individuals under the age of 13. Our Service is strictly B2B; if we discover any data belonging to a minor, it will be purged immediately.

  • Data Security: LeadReplier employs industry-standard administrative and technical safeguards to protect homeowner data processed through our integration.

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5. INDEMNIFICATION

Client shall defend, indemnify, and hold harmless LeadReplier, its affiliates, and their respective directors and officers from and against any third-party claims, losses, or legal expenses (including reasonable attorneys’ fees) arising out of:

  1. A breach of your representations regarding TCPA consent.

  2. Your violation of any third-party rights, including Thumbtack’s Terms of Use.

  3. Gross negligence or willful misconduct in the use of the Service.

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6. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY DELAWARE LAW, LEADREPLIER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS). OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT TO LEADREPLIER IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

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7. GOVERNING LAW AND VENUE

  • Governing Law: These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

  • Venue: Any legal action or proceeding related to these Terms shall be brought exclusively in the state or federal courts located in New Castle County, Delaware. Both parties hereby consent to the personal jurisdiction of such courts.

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8. ARBITRATION AGREEMENT

Any dispute, claim, or controversy arising out of or relating to these Terms shall be determined by confidential, binding arbitration in Wilmington, Delaware, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures.

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