Terms of Service

1. Description of Services

LeadArray provides a lead intelligence and processing platform that allows customers to:

• Upload or transmit lead data (via CSV, API, webhook, or CRM integration)
• Normalize, deduplicate, enrich, validate, and score leads
• Apply AI-powered analysis, summaries, and routing logic
• Deliver processed leads back to customer-designated systems (e.g., CRM, API, CSV)

Important Disclaimers:

• LeadArray does not execute outbound sales, marketing, or communications on your behalf
• Customers retain full responsibility for downstream outreach and compliance
• All ingestion methods consume Lead Credits
• All processing attempts consume Lead Credits, regardless of outcome
• LeadArray does not guarantee that processing will result in enriched, validated, or deliverable leads, and processing attempts are billable even if data is incomplete, invalid, duplicated, or rejected by third-party systems

1.1 Definitions

"Lead Credit" means the unit of measurement used by LeadArray to quantify usage of the Services. Each Lead Credit represents the processing of one lead through the LeadArray pipeline, regardless of ingestion method, processing outcome, or delivery status.

"Permitted Lead Data" means lead data submitted to LeadArray that meets all of the following criteria: (a) was collected through direct relationships with the individuals represented therein, or where the submitting Customer has a documented lawful basis — including valid consent or legitimate interest — to process and share such data with third-party enrichment processors and subprocessors; (b) does not include bulk consumer marketing lists acquired without direct consumer relationships, valid consent, or documented legitimate interest; and (c) does not include data obtained through automated scraping of websites or other sources where such scraping violates the applicable site's terms of service or applicable law.

2. Eligibility & Authority

You represent and warrant that:

• You are at least 18 years old
• You have authority to bind the entity on whose behalf you are using the Services
• Your use of the Services complies with all applicable laws and regulations

3. Account Registration & Security

You are responsible for:

• Maintaining the confidentiality of account credentials
• All activity occurring under your account
• Promptly notifying LeadArray of any unauthorized access

LeadArray is not liable for losses caused by unauthorized account use.

4. Customer Data & Responsibilities

4.1 Customer-Provided Data

You retain ownership of all data you upload or submit ("Customer Data").

You represent and warrant that:

• You have the legal right to collect, use, and submit Customer Data
• Customer Data was collected in compliance with applicable privacy and data protection laws
• Customer Data does not violate third-party rights
• All Customer Data submitted to LeadArray constitutes Permitted Lead Data as defined in Section 1.1
• You have provided all required notices to, and obtained all necessary consents from, the individuals represented in such data to permit sharing with LeadArray and its subprocessors (including, without limitation, third-party enrichment and validation providers) for enrichment, validation, scoring, and processing purposes
• You have a documented lawful basis for sharing such data with LeadArray's subprocessors, and such basis is consistent with the purposes for which the data was originally collected
• All submitted leads were sourced lawfully and with any required consent or lawful basis for Customer's intended downstream use of that data, including but not limited to telemarketing consent for any lead that Customer intends to contact by telephone or text message, and not merely consent to share such data with LeadArray

4.2 Data Controller / Processor Relationship

• Customer is the data controller
• LeadArray is the data processor

LeadArray processes Customer Data only as instructed and described in the Services and Privacy Policy.

4.3 Prohibited Data (PHI)

Customer agrees not to upload:

• Protected Health Information (PHI)
• Medical records
• Health insurance data

LeadArray is not HIPAA compliant and disclaims responsibility for PHI uploaded in violation of this section.

4.4 Phone Number Appending — Consent Representation

Where Customer requests or enables phone number appending as part of LeadArray's enrichment pipeline, Customer represents and warrants that, with respect to each lead for which a phone number append is requested:

• Customer has obtained, or has a documented lawful basis to rely upon, prior express consent — or prior express written consent where required for autodialed or prerecorded calls or text messages — from the individual represented in that lead record to be contacted by telephone or text message by Customer or Customer's authorized agents
• Such consent covers contact via telephone at any number associated with that individual, including numbers not originally provided by the individual
• Such consent was obtained in compliance with the Telephone Consumer Protection Act (47 U.S.C. § 227), FCC regulations thereunder (including the one-to-one consent requirements effective January 2025), and all applicable state telemarketing and consumer protection laws
• Customer maintains records sufficient to demonstrate such consent and will produce them upon request

Customer acknowledges that LeadArray's appending of a phone number to a lead record does not itself constitute or verify consent to contact that individual, does not establish any lawful basis for outbound telephone or text communication, and does not relieve Customer of its independent obligation to confirm and document TCPA-compliant consent prior to initiating any outbound contact.

4.5 Email Address Appending — Lawful Basis Representation

Where Customer requests or enables email address appending as part of LeadArray's enrichment pipeline, Customer represents and warrants that, with respect to each lead for which an email append is requested:

• Customer has an existing business relationship with, or a documented legitimate interest basis for contacting, the individual represented in that lead record via email
• Customer will use any appended email address in compliance with the CAN-SPAM Act, including providing a valid physical postal address, a clear opt-out mechanism, and honoring opt-out requests within the timeframes required by law
• Where the individual may be located in Canada, the European Economic Area, or the United Kingdom, Customer has obtained the express or implied consent required under the Canadian Anti-Spam Legislation (CASL) or the General Data Protection Regulation (GDPR), as applicable
• Customer will use appended email addresses only on platforms and through processes that permit the use of permission-based or relationship-based email lists, and Customer acknowledges that many email service providers prohibit the use of appended lists under their terms of service

Customer acknowledges that LeadArray's appending of an email address does not itself establish consent, a business relationship, or any lawful basis for commercial email communication, and does not relieve Customer of its independent obligation to confirm compliance with applicable law prior to initiating email contact.

4.6 Physical Address Appending — Lawful Basis Representation

Where Customer requests or enables physical address appending as part of LeadArray's enrichment pipeline, Customer represents and warrants that:

• Customer will use any appended physical address solely for lawful direct marketing purposes or other business purposes permitted under applicable law
• Customer will not use appended physical address data for any purpose that constitutes a permissible purpose under FCRA Section 604 without an active SpecialDataAccount designation and executed Permissible Purpose Certification Agreement, including without limitation skip-tracing, debt collection location, or employment or tenant screening
• Customer will handle appended physical address data in compliance with all applicable state and federal privacy laws, including CCPA/CPRA and the Texas Data Privacy and Security Act, as applicable

5. Acceptable Use

You agree not to:

• Upload unlawful, fraudulent, or deceptive data
• Use the Services to violate TCPA, CAN-SPAM, GDPR, CCPA, or similar laws
• Reverse engineer, copy, or resell the Services
• Interfere with platform security or integrity
• Use the Services to build or train competing products
• Use LeadArray-processed data as a factor in any determination of a consumer's eligibility for credit, employment, housing, or insurance, or any other purpose constituting a permissible purpose under FCRA Section 604 (15 U.S.C. § 1681b) that requires a consumer report, without an active SpecialDataAccount designation and executed Permissible Purpose Certification Agreement
• Request phone number, email address, or physical address appending for any lead record for which Customer does not have, or cannot document, the required consent or lawful basis to contact that individual via the applicable channel
• Use LeadArray-processed data in connection with trigger lead practices under the FCRA, or in any manner that violates applicable state or federal trigger lead restrictions, including soliciting consumers whose credit inquiries have been flagged as triggers without satisfying all applicable legal requirements for such solicitation

LeadArray reserves the right to suspend or terminate accounts for violations.

6. Compliance Responsibility; No Initiation of Communications

LeadArray does not initiate, place, transmit, or send any telephone calls, text messages, emails, or other communications to end consumers. LeadArray does not operate as a dialer, messaging service, or outreach platform.

The Services provide informational, analytical, and assistive tools only, including data enrichment, scoring, prioritization, routing recommendations, and optional template-based content suggestions. All communications are initiated, controlled, and executed solely by Customer using Customer-selected systems, processes, and personnel.

Customer acknowledges and agrees that Customer is solely responsible for:

• Determining whether any lead or contact may be lawfully contacted
• Obtaining, maintaining, and documenting any required consent
• Honoring do-not-call, opt-out, and suppression requirements
• Ensuring compliance with all applicable laws, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, applicable state and international telemarketing and privacy laws, and trigger lead regulations under the FCRA and applicable state law, including any restrictions on soliciting consumers based on credit inquiry trigger data

With respect to any lead enriched with an appended phone number, email address, or physical address through the Services, Customer's obligation to obtain and maintain required consent or lawful basis applies specifically to communication via the appended contact channel. Customer may not initiate outbound telephone, text, or email contact using any appended contact data without first independently confirming that valid, documented consent or a sufficient lawful basis exists for that specific channel and that specific individual.

LeadArray does not guarantee compliance with any law or regulation, does not verify consent, and does not certify that any data is legally permissible to contact. Any compliance-related signals, validations, or indicators are provided for informational purposes only and do not constitute legal advice or a guarantee of compliance.

Customer agrees to indemnify, defend, and hold harmless LeadArray from any claims, damages, fines, penalties, or liabilities arising from Customer's communications, outreach practices, or violations of applicable communications or privacy laws.

7. AI & Automated Processing

LeadArray uses automated systems and AI to:

• Score and qualify leads
• Generate summaries and insights
• Recommend routing and prioritization
• Generate suggested outreach drafts (Drafts are templates; Drafts are not sent by LeadArray; Customer controls final use)

Customer acknowledges that automated and AI-driven processing may involve retries, validation failures, enrichment fallbacks, or partial execution. Subsequent processing attempts will only be initiated by direct user action and/or account configuration. Each processing attempt—whether successful, partially successful, or unsuccessful—constitutes consumption of Lead Credits.

Customer acknowledges that:

• AI outputs are probabilistic and not guaranteed to be accurate
• AI results are advisory, not decisions
• Final business decisions remain Customer's responsibility

LeadArray does not train public AI models using Customer Data.

8. Pricing, Fees & Credits

8.1 Subscription Plans & Usage

Services are offered via subscription plans and/or usage-based lead credits.

• Each lead submitted for processing consumes Lead Credits
• Fees are billed in advance unless otherwise agreed
• Lead credits are consumed when leads are processed
• Unused credits may expire per plan terms
• Credits apply uniformly across all ingestion methods, including but not limited to: CSV uploads, API submissions, Webhooks, CRM imports or synchronizations
• There is no distinction in credit consumption based on ingestion method

8.2 Credit Consumption

• All processing attempts consume Lead Credits
• Credits are consumed even if: a lead is incomplete or malformed, enrichment providers fail to return data, delivery to downstream systems fails, processing is retried or partially executed
• Credits are consumed when processing begins, not when results are delivered

8.3 Payments

• All fees are non-refundable unless expressly stated
• Taxes are Customer's responsibility
• Late payments may result in suspension

8.4 Plan Changes

LeadArray may modify pricing or plans with reasonable notice. Continued use constitutes acceptance.

8.5 Rate Limits & Fair Use

LeadArray applies rate limits and usage controls universally across all plans and customers.

• Rate limits apply to: Ingestion, Processing, API usage, Webhook submissions, CRM integrations
• Rate limits may vary by plan, infrastructure tier, or system capacity
• Rate limits are enforced to: Maintain platform stability, Prevent abuse, Control operational costs

Customer acknowledges that rate limits do not pause or refund credit consumption.

8.6 No Refunds for Credit Usage

• Lead Credits are non-refundable
• Unused credits may expire per plan terms
• Credits are not restored for failed or partial processing attempts unless explicitly stated in writing by LeadArray

8.7 Monitoring & Enforcement

LeadArray reserves the right to:

• Throttle ingestion or processing
• Enforce hard usage caps
• Suspend processing to prevent excessive consumption
• Modify rate limits with reasonable notice

Continued use of the Services constitutes acceptance of these controls. Customer may not attempt to bypass rate limits, retry logic, or usage controls through automated submissions, batching manipulation, or parallel requests. Such behavior constitutes a material breach of these Terms.

9. Data Retention & Deletion

Customer Data retention is governed by LeadArray's Data Retention Policy.

Customer may request deletion of data subject to:

• Legal obligations
• Backup and audit requirements

10. Restricted Data Fields and Permitted Use

All data processed and delivered by LeadArray is provided solely for marketing lead identification and qualification purposes. LeadArray is not a consumer reporting agency as defined under the FCRA, and its data may not be used for any purpose that constitutes an eligibility determination under FCRA Section 604, including but not limited to determinations related to a consumer's eligibility for credit, employment, housing, or insurance. Standard User accounts are expressly prohibited from using LeadArray-processed data for any such eligibility determination purpose. Access to expanded data fields for permissible purpose uses is available only through the SpecialDataAccount designation process described in Section 11.

LeadArray processes consumer lead data on behalf of its customers ("Users") as a data processing intermediary. Certain data fields returned through LeadArray's enrichment pipeline are subject to restrictions under applicable federal and state law, including but not limited to the Equal Credit Opportunity Act (ECOA) and its implementing regulation Regulation B (12 CFR Part 1002), the Fair Housing Act (FHA), the Fair Credit Reporting Act (FCRA) and its implementing regulation Regulation V, the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and the California Consumer Privacy Act and California Privacy Rights Act (CCPA/CPRA), as well as applicable state consumer protection, fair lending, and privacy laws.

By default, LeadArray excludes from its standard enrichment pipeline fields that constitute protected characteristics under applicable law, including gender, date of birth, marital status, presence of children, household size, ethnicity, and neighborhood-level demographic percentage data. These fields are not collected, stored, displayed, delivered, or used in scoring for standard User accounts.

User is expressly prohibited from using any LeadArray-processed data — regardless of whether such data includes restricted or protected characteristic fields — as a factor in any credit, insurance underwriting, housing, or employment decision, or any other eligibility determination as defined under applicable federal or state anti-discrimination law, including through disparate impact. This prohibition applies to all User accounts, including those with SpecialDataAccount designation, which unlocks additional fields solely for marketing lead identification purposes as described in Section 11. User is solely responsible for ensuring that its use of LeadArray-processed data complies with all applicable laws governing its industry and operations.

11. SpecialDataAccount Designation and Permissible Purpose Certification

Certain Users operating under a documented permissible purpose under FCRA Section 604 may apply for a SpecialDataAccount designation, which unlocks access to a defined set of otherwise-restricted data fields for use in pre-application marketing lead identification and prioritization only.

SpecialDataAccount designation is subject to the following conditions, all of which must be satisfied before the designation is activated:

The User's authorized compliance officer must execute LeadArray's Permissible Purpose Certification Agreement, in which the User certifies (a) the specific permissible purpose under FCRA Section 604 that authorizes the User's receipt and use of the expanded field set, (b) that the expanded fields will be used solely for marketing lead identification and outreach prioritization, and (c) that the expanded fields will not be used in any credit underwriting decision, loan approval or denial, insurance underwriting decision, pricing determination, or any other adverse action as defined under FCRA Section 615 or ECOA.

SpecialDataAccount designation may only be activated by a LeadArray platform administrator. Self-activation is not permitted. Activation is recorded in LeadArray's audit log with the identity of the approving administrator, the date of activation, and a reference to the executed Permissible Purpose Certification Agreement.

The expanded fields accessible under SpecialDataAccount designation are limited to those specified in the Permissible Purpose Certification Agreement and the User's applicable account configuration. Ethnicity and any neighborhood-level demographic percentage fields remain excluded from all User accounts regardless of SpecialDataAccount status, pending further legal review.

LeadArray reserves the right to suspend or revoke SpecialDataAccount designation at any time if LeadArray has reasonable grounds to believe the User is using expanded fields outside the scope of the certified permissible purpose, or if applicable law, regulatory guidance, or enforcement action indicates that the expanded field set is no longer permissible for the User's use case.

12. User Compliance Responsibility

User is solely and exclusively responsible for compliance with all applicable federal and state laws governing its collection, use, storage, and disclosure of consumer data, including ECOA, FHA, FCRA, TCPA, CAN-SPAM, CCPA/CPRA, and applicable state fair lending, privacy, and consumer protection laws. LeadArray's role as a data processing intermediary does not transfer to LeadArray any compliance obligation that rests with the User under applicable law.

User represents and warrants that it will not use any data processed or delivered by LeadArray as a factor in, or as a basis for, any determination of a consumer's eligibility for credit, employment, housing, or insurance, or any other purpose constituting a permissible purpose under FCRA Section 604 (15 U.S.C. § 1681b) that requires a consumer report. LeadArray's data is provided for marketing lead identification and qualification purposes only. Any use of LeadArray-processed data for purposes that would require a consumer report under FCRA, or that would constitute an eligibility determination under applicable federal or state law, is a material breach of these Terms. This prohibition applies to all User accounts regardless of SpecialDataAccount designation status.

User affirmatively represents and warrants that it is not using, and will not use, any data processed or delivered by LeadArray as a consumer report as defined under FCRA Section 603(d) (15 U.S.C. § 1681a(d)), and that User is not relying on LeadArray as a consumer reporting agency as defined under FCRA Section 603(f). User further represents and warrants that its use of any data delivered by LeadArray complies with all FCRA permissible purpose requirements applicable to User's use case and industry.

LeadArray does not constitute a Consumer Reporting Agency as defined under FCRA. Data enrichment services provided by LeadArray are derived from third-party data providers and do not constitute consumer reports under FCRA unless separately designated as such by the applicable data provider. User is responsible for independently assessing whether any data received through LeadArray constitutes a consumer report subject to FCRA requirements in the context of User's specific use case.

13. Confidentiality

Each party agrees to protect the other's confidential information and use it solely for purposes of the Services.

Confidential information excludes information that is:

• Publicly available
• Independently developed
• Rightfully received from a third party

14. Intellectual Property

14.1 LeadArray IP

LeadArray retains all rights to:

• The platform
• Software, models, workflows, prompts
• Aggregated and anonymized learnings

No rights are granted except as expressly stated.

14.2 Customer IP

Customer retains ownership of Customer Data.

Customer grants LeadArray a limited license to process Customer Data solely to provide the Services.

15. Third-Party Services

The Services may integrate with third-party tools (e.g., CRMs, enrichment providers).

LeadArray is not responsible for:

• Third-party service availability
• Data accuracy from third parties
• Third-party privacy practices

16. Suspension & Termination

LeadArray may suspend or terminate access if:

• Terms are violated
• Payment is delinquent
• Required by law
• LeadArray reasonably suspects that Customer's uploaded data or usage patterns are abusive, non-compliant with applicable law, or likely to expose LeadArray or its subprocessors to legal, regulatory, or reputational risk — including, without limitation, where Customer's submitted data does not appear to constitute Permitted Lead Data as defined in Section 1.1
• LeadArray becomes aware, from any source — including Customer's representations, third-party information, regulatory notices, or industry reports — that Customer's lead sourcing practices raise compliance red flags, including without limitation evidence of lists acquired without required consent, bulk consumer data purchased without documented lawful basis, or sourcing practices inconsistent with applicable telemarketing or privacy law

In addition to full account suspension or termination, LeadArray reserves the right to suspend or restrict specific service components — including but not limited to phone number appending, email address appending, physical address appending, or other enrichment features — independently of full account action, where LeadArray has reasonable grounds to believe that Customer's sourcing practices or intended use of a specific enrichment type creates compliance risk. Partial suspension of enrichment features does not constitute termination and does not relieve Customer of outstanding payment obligations.

LeadArray has no obligation to monitor, audit, screen, or review Customer Data or Customer's usage patterns for compliance purposes. However, LeadArray reserves the right, at its sole discretion, to review, flag, restrict, or act upon Customer Data or usage activity at any time without incurring any duty to do so on an ongoing basis. Exercise of this discretionary right in any instance shall not create an obligation to exercise it in any other instance.

Upon termination:

• Access ceases
• Outstanding fees remain due
• Certain sections survive termination

17. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

LEADARRAY DISCLAIMS ALL WARRANTIES, INCLUDING:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT

LeadArray does not guarantee:

• Lead conversion
• Data completeness or accuracy
• Revenue outcomes

17.1 Early Access Disclaimer

The Services may include pre-release or beta features that are still under development and may be incomplete, inaccurate, or subject to change. Customer acknowledges that use of early access features is at Customer's own risk.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• LEADARRAY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
• TOTAL LIABILITY SHALL NOT EXCEED FEES PAID IN THE 12 MONTHS PRECEDING THE CLAIM

19. Indemnification

Customer agrees to indemnify and hold harmless LeadArray from claims arising out of:

• TCPA
• CAN-SPAM
• Customer Data
• Customer's use of the Services
• Violations of law or third-party rights
• State telemarketing laws
• Customer's submission of data that does not constitute Permitted Lead Data as defined in Section 1.1
• Customer's failure to obtain required consents, provide required notices, or establish a documented lawful basis for sharing data with LeadArray or its subprocessors
• Any claim by a third party or regulatory authority arising from Customer's use of non-compliant, unlawfully obtained, or impermissibly sourced lead lists
• Any claim, liability, regulatory action, fine, or penalty arising from Customer's use of LeadArray-processed data for any purpose outside the stated marketing lead identification and qualification purpose, including without limitation any use of such data for FCRA-covered eligibility determinations — including credit, employment, housing, or insurance decisions — without an active SpecialDataAccount designation and executed Permissible Purpose Certification Agreement
• Any claim, liability, or regulatory action arising from Customer's use of appended phone numbers, email addresses, or physical addresses returned through LeadArray's enrichment pipeline, including without limitation claims arising from Customer's failure to obtain or maintain TCPA-compliant consent, CAN-SPAM compliance, or any other required lawful basis prior to initiating outbound contact using appended contact data

20. Governing Law & Venue

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.

Any disputes shall be brought exclusively in courts located in Texas.

21. Changes to These Terms

LeadArray may update these Terms from time to time. Continued use constitutes acceptance of updated Terms.

22. Contact Information

LEADARRAY LLC
Email: info@leadarray.ai