Terms & Conditions

01Acceptance of Terms

These Terms & Conditions ("Terms") constitute a binding agreement between you ("User," "you," or, as applicable, "Buyer" or "Publisher") and Offleads Inc. ("OFFLEADS," "we," "us," or "our") governing your access to and use of the OFFLEADS website, marketplace platform, and related services (collectively, the "Service").

By creating an account, submitting an application, purchasing calls or leads, or otherwise accessing the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Service.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case "you" refers to that entity.

02The Marketplace

OFFLEADS operates a marketplace that connects (a) agencies and other purchasers seeking inbound calls, form-fill leads, and aged data ("Buyers") with (b) media buyers, affiliates, call centers, and other traffic sources ("Publishers") who generate and sell that inventory. OFFLEADS acts as an intermediary platform and, except where explicitly stated, is not a party to the underlying transaction of any individual consumer's insurance policy, application, or purchase.

We aim to screen calls and leads listed on the marketplace for indicators of intent, duration, geography, and basic compliance signals before they are made available for purchase. This screening is a quality-control measure, not a guarantee, warranty, or certification of any individual call's or lead's outcome, conversion potential, or regulatory compliance. See Section 9 (Disclaimers).

03Eligibility & Accounts

To use the Service you must be at least 18 years old, capable of forming a binding contract, and, where applicable, appropriately licensed to conduct insurance business in the jurisdictions in which you operate. We may require identity, licensing, or business verification before approving an account, and may deny, suspend, or revoke access at our sole discretion.

• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• You agree to provide accurate, current, and complete information during registration and to keep it updated.
• You must notify us promptly of any unauthorized use of your account.

04Buyer Terms

As a Buyer, you are solely responsible for how you use any call, lead, or data purchased through the marketplace, including compliance with all applicable federal, state, and local laws — including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM, state insurance marketing regulations, and Do-Not-Call rules.

• Purchases are generally final. Disputes regarding call or lead quality must be submitted through your dashboard within the timeframe stated at checkout (typically 24 hours of delivery) and are reviewed at our discretion.
• OFFLEADS does not guarantee any specific close rate, contact rate, return on investment, or sales outcome from any call, lead, or batch. Marketplace performance figures shown on the Service are historical, aggregate, and not a projection or promise of future results.
• You agree not to resell, redistribute, or share any exclusive call or lead you purchase, unless explicitly permitted in writing.

05Publisher Terms

As a Publisher, you represent and warrant that all traffic, calls, and leads you submit to the marketplace were generated through lawful means and with all consents required by applicable law, including express written consent for outbound telemarketing and autodialed or prerecorded calls where required by the TCPA.

• You are solely responsible for the accuracy of your traffic source disclosures, consent capture language, and any claims made in your advertising.
• OFFLEADS reserves the right to audit, screen, suspend, or reject any traffic, call, or lead that it believes, in its sole discretion, was not obtained in compliance with applicable law or these Terms.
• Publisher payouts are contingent on inventory passing OFFLEADS' quality and compliance screening. Inventory that fails screening will not be billed to Buyers and will not be compensated to the Publisher.
• Earnings described anywhere on the Service as "uncapped" refer to the absence of a contractual ceiling on payable volume; they are not a guarantee, projection, or promise of any specific earnings amount. Actual earnings vary based on traffic quality, volume, market demand, and compliance with these Terms.

06Exclusivity & Data Use

Inventory listed as "Exclusive" is sold to a single Buyer and is not knowingly resold or redistributed by OFFLEADS following that sale. OFFLEADS relies on Publisher representations regarding the origin and prior distribution of submitted traffic and cannot independently verify exclusivity at the point of consumer contact in every instance.

Consumer data transacted through the marketplace (names, phone numbers, contact details, and related information) must be handled by both Buyers and Publishers in accordance with applicable privacy and data protection law, and used solely for the purpose for which it was collected and disclosed.

07Payments, Fees & Credits

Prices displayed on the marketplace are exclusive of applicable taxes unless stated otherwise. Buyers agree to pay all fees associated with purchases at the time of checkout via the payment methods we support.

• Subscription plans (e.g., Launch, Growth, Enterprise) renew automatically on the stated cadence unless cancelled prior to the renewal date through your account settings.
• Advertising spend associated with managed ad campaigns is billed separately from platform or management fees, as disclosed at the time of purchase.
• Publisher payouts are issued on the settlement schedule disclosed to you at onboarding (e.g., weekly), less any amounts withheld for disputed, failed, or under-review inventory.
• We reserve the right to withhold or reverse payment for inventory later found to violate these Terms or applicable law.

08Compliance & Prohibited Conduct

You agree not to, and not to assist others to:

• Generate, submit, or purchase leads or calls through fraudulent, deceptive, or coercive means, including incentivized or fabricated consent;
• Violate the TCPA, Telemarketing Sales Rule, CAN-SPAM Act, state insurance marketing statutes, or any other applicable law;
• Misrepresent your identity, licensing status, or the nature of any product or service in connection with the Service;
• Interfere with, reverse-engineer, or attempt to circumvent the security or quality-screening systems of the Service;
• Use the Service to harass, defraud, or mislead consumers.

Violation of this Section may result in immediate suspension or termination of your account, forfeiture of pending payouts associated with the violation, and, where applicable, referral to law enforcement or regulatory authorities.

09Disclaimers

THE SERVICE, INCLUDING ALL CALLS, LEADS, AND DATA MADE AVAILABLE THROUGH IT, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

OFFLEADS DOES NOT WARRANT THAT ANY CALL OR LEAD WILL RESULT IN A SALE, THAT TRAFFIC SUBMITTED BY PUBLISHERS FULLY COMPLIES WITH APPLICABLE LAW IN EVERY INSTANCE, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ACKNOWLEDGE THAT SCREENING AND QUALITY-CONTROL MEASURES REDUCE BUT DO NOT ELIMINATE RISK.

10Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OFFLEADS AND ITS OFFICERS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OFFLEADS' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO OFFLEADS IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you in full.

11Indemnification

You agree to defend, indemnify, and hold harmless OFFLEADS and its officers, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms or applicable law, including the TCPA; (c) any content, traffic, calls, or leads you submit or purchase; or (d) your violation of any third party's rights, including consumer privacy rights.

12Intellectual Property

The Service, including its design, text, graphics, logos, and underlying software, is owned by OFFLEADS or its licensors and is protected by intellectual property laws. Except for the limited license necessary to use the Service as intended, no rights are granted to you in our intellectual property. "OFFLEADS" and associated logos are trademarks of Offleads Inc. and may not be used without prior written permission.

13Termination

We may suspend or terminate your access to the Service at any time, with or without cause or notice, including for suspected violation of these Terms. You may terminate your account at any time by contacting us or through your account settings. Sections of these Terms that by their nature should survive termination (including Sections 9–12 and 14) will survive.

14Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall first be addressed through good-faith negotiation between the parties. If unresolved within thirty (30) days, the dispute shall be submitted to binding arbitration administered by [Arbitration Body, e.g., the American Arbitration Association] under its applicable rules, seated in [City, State], on an individual basis only. You and OFFLEADS each waive any right to a jury trial or to participate in a class action.

Nothing in this Section prevents either party from seeking injunctive relief in a court of competent jurisdiction for claims related to intellectual property or unauthorized access to the Service.

15General Provisions

Governing Law

These Terms are governed by the laws of the State of [State], without regard to its conflict-of-laws principles.

Changes to These Terms

We may update these Terms from time to time. Material changes will be indicated by updating the "Last Updated" date above, and, where appropriate, through direct notice. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.

Entire Agreement

These Terms, together with our Privacy Policy and any order-specific terms presented at checkout, constitute the entire agreement between you and OFFLEADS regarding the Service.

16Contact

Questions about these Terms can be directed to us using the details below.