Terms of Service

Version 2.0 — Effective Date: March 4, 2026   GLBA FCRA DPPA

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Lead Validator Pro LLC ("Company," "we," "us," or "our") governing your access to and use of the Lead Validator Pro platform (the "Service"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms.

1. Definitions

• "Lead Data" means personally identifiable information (PII) of insurance prospects submitted to or processed by the Service, including but not limited to names, phone numbers, email addresses, physical addresses, dates of birth, vehicle information, and driver's license data.
• "Organization" means the insurance agency, brokerage, or other business entity that has registered for the Service.
• "Authorized User" means any individual granted access to the Service under the Customer's Organization account.
• "Validation Results" means the output of our lead quality analysis, including scores, verdicts, flags, and AI-generated recommendations.
• "NPI" means nonpublic personal information as defined by the Gramm-Leach-Bliley Act.

2. GLBA Controller/Processor Roles

As your processor, we:

• Process Lead Data only as instructed by you and as necessary to provide the Service
• Maintain a comprehensive written information security program as required by the Safeguards Rule
• Do not use Lead Data for our own marketing or business purposes
• Do not share Lead Data with non-affiliated third parties except as necessary to provide the Service (see sub-processor list in our Data Processing Agreement)
• Return or delete Lead Data upon termination of service, as directed by you

3. FCRA Attestation

By using this Service, you attest and certify that:

1. You will use the Service and Validation Results only for permissible purposes under FCRA, including but not limited to: underwriting insurance, reviewing or collecting an account, and as otherwise permitted by applicable law
2. You will not use Validation Results to determine a consumer's eligibility for credit, employment, housing, or insurance in a manner that would trigger FCRA obligations, unless you independently obtain a consumer report from a licensed CRA
3. You will not take "adverse action" (as defined in FCRA) against any consumer based solely on Validation Results from this Service
4. You are a licensed insurance professional, agency, or authorized vendor with a legitimate business need to process the Lead Data you submit
5. You accept sole responsibility for ensuring your use of Validation Results complies with all applicable federal and state consumer protection laws

4. DPPA Compliance

Certain features of the Service access motor vehicle records subject to the Driver's Privacy Protection Act (18 U.S.C. § 2721 et seq.):

• Vehicle registration and driver's license data obtained through the Service is sourced from state DMV databases via authorized resellers under DPPA-permitted purposes
• You certify that you will use DMV-sourced data only for insurance underwriting, claims investigation, or anti-fraud purposes as permitted under DPPA §2721(b)(6) (insurance activities)
• You will not use DMV data for bulk marketing, solicitation, surveys, or any purpose not explicitly permitted by DPPA
• You will maintain records demonstrating your permissible purpose for a minimum of 5 years, as required by applicable state DMV agreements

5. Acceptable Use Policy

You agree to the following restrictions when using the Service:

5.1 Prohibited Uses

• No Reselling: You may not resell, sublicense, or redistribute Lead Data, Validation Results, or any data obtained through the Service to third parties
• No FCRA Violations: You may not use the Service as a substitute for consumer reports from a licensed CRA
• No Unauthorized Access: You may not share account credentials, API keys, or access tokens with individuals outside your Organization
• No Reverse Engineering: You may not reverse engineer, decompile, or attempt to extract the algorithms, models, or proprietary methods used in the Service
• No Abuse: You may not submit test, synthetic, or fraudulent data to manipulate the system, bypass rate limits, or degrade service for others
• No Scraping: You may not use automated tools to extract data from the Service beyond the provided API
• No Illegal Use: You may not use the Service for stalking, harassment, identity theft, discrimination, or any unlawful purpose

5.2 Data Quality Requirements

You are responsible for ensuring that Lead Data submitted to the Service:

• Was collected with appropriate consumer consent
• Complies with Telephone Consumer Protection Act (TCPA) requirements for leads generated via phone
• Does not include data of individuals who have opted out or requested deletion

6. Data Retention Schedule

You may request early deletion of all Lead Data at any time via the DELETE /api/user/data endpoint or by contacting support.

7. Subscription and Billing

7.1 Plans

7.2 Overage

If you exceed your plan's monthly lead limit, additional leads will be processed at the per-lead overage rate specified in your plan agreement. We will notify you at 80% and 100% of your monthly limit. You may upgrade your plan at any time to increase your limit.

7.3 Billing Cycle

Subscriptions are billed monthly in advance. Payment is due on the anniversary of your subscription start date. We accept major credit cards and ACH bank transfers (Enterprise only).

7.4 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods. Upon cancellation, data is retained for 30 days before permanent deletion (see Section 12).

8. Service Level Agreement

8.1 Exclusions

The uptime commitment excludes:

• Scheduled maintenance windows (communicated 48 hours in advance)
• Third-party API outages (identity verification, public records, phone validation, mapping, etc.)
• Force majeure events
• Customer-caused issues (misconfigured API calls, exceeded rate limits)

8.2 Service Credits

Service credits must be requested within 30 days of the affected month and are applied as a credit toward future billing. Credits do not exceed 25% of the monthly fee for the affected month.

9. Intellectual Property

• Our IP: The Service, including all algorithms, models, scoring methodologies, software, user interface designs, and documentation, is our exclusive intellectual property, protected by copyright, trade secret, and other applicable laws.
• Your Data: You retain all ownership rights to Lead Data you submit. We claim no ownership over your data.
• License: You grant us a limited, non-exclusive, revocable license to process your Lead Data solely for the purpose of providing the Service.
• Feedback: Any suggestions, ideas, or feedback you provide about the Service may be used by us without restriction or compensation.

10. Limitation of Liability

The foregoing limitations apply even if the Company has been advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability, so the above limitations may not apply to you to the extent prohibited by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Lead Validator Pro LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

1. Your use of the Service in violation of these Terms
2. Your violation of any applicable law, regulation, or third-party rights, including FCRA, DPPA, GLBA, CCPA, or TDPSA
3. Lead Data you submit to the Service that was collected without proper consent or in violation of applicable law
4. Any claim by a consumer or data subject arising from your use of Validation Results
5. Your failure to comply with the FCRA attestation in Section 3

We will provide you with prompt notice of any claim and reasonable cooperation in the defense, at your expense.

12. Termination

12.1 By Customer

You may terminate your account at any time through account settings or by contacting [email protected].

12.2 By Company

We may suspend or terminate your access immediately and without notice if:

• You breach these Terms, including the FCRA attestation or Acceptable Use Policy
• You fail to pay fees when due (after 15 days' written notice)
• Your use poses a security risk or legal liability
• Required by law or regulatory order

12.3 Effect of Termination

Upon termination:

• Access to the Service is immediately revoked
• You may request a data export (JSON or CSV) within 30 days
• After 30 days, all Lead Data, Validation Results, and account data are permanently deleted
• Audit and security logs are retained for the minimum period required by law (1 year)
• Any outstanding fees become immediately due and payable

12.4 Survival

Sections 3 (FCRA Attestation), 4 (DPPA Compliance), 10 (Limitation of Liability), 11 (Indemnification), and 13 (Dispute Resolution) survive termination.

13. Dispute Resolution

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

Arbitration: Any dispute arising from these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Texas. The arbitrator's award is final and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: You agree that disputes will be resolved on an individual basis and waive any right to participate in a class action or class-wide arbitration.

Exception: Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.

14. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and Data Processing Agreement, constitute the entire agreement between you and us.
• Amendments: We may modify these Terms at any time by posting updated Terms on the Service. Material changes will be communicated 30 days in advance. Continued use constitutes acceptance.
• Severability: If any provision is found unenforceable, the remaining provisions remain in full force and effect.
• Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.
• Force Majeure: Neither party is liable for delays or failures caused by circumstances beyond reasonable control, including natural disasters, war, pandemic, government actions, or third-party service outages.
• Notices: Legal notices to us must be sent to [email protected]. We will send notices to the email associated with your account.