Terms of Service

Version 3.1 — Effective Date: May 20, 2026   GLBA FCRA DPPA TCPA

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Resolon 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.
• "Lead Subject" means the natural person whose Lead Data is submitted to the Service.
• "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 as necessary to provide the Service and as permitted under these Terms
• Maintain a comprehensive written information security program as required by the Safeguards Rule
• Use Lead Data to improve, train, and calibrate the Service's validation algorithms and fraud detection systems (see Section 10, Data Rights)
• Not sell raw, individually identifiable Lead Data to unaffiliated third parties as a standalone data product
• Not share individually identifiable Lead Data with non-affiliated third parties except as necessary to provide the Service (see sub-processor list in our Data Processing Agreement and at /subprocessors)
• Delete individually identifiable Lead Data upon termination of service, as directed by you; derivative and aggregated data is retained per Section 10

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. TCPA Allocation of Responsibility

5.1 Validation Results Are Not Consent

A verdict, score, validation result, or enrichment record produced by the Service is not:

1. proof that a Lead Subject has provided prior express consent ("PEC") or prior express written consent ("PEWC") to be contacted by you under the TCPA;
2. a substitute for the National Do-Not-Call Registry, internal do-not-call list, or state-level do-not-call list scrubbing required prior to outbound marketing;
3. a defense or affirmative-consent record in any TCPA proceeding; or
4. a determination of the Lead Subject's status under any state TCPA mini-statute, including but not limited to the Florida Telephone Solicitation Act, Fla. Stat. § 501.059; the Oklahoma Telephone Solicitation Act, 15 Okla. Stat. § 775C.1; or the Washington Telephone Solicitation Act, RCW 80.36.400.

5.2 Customer's Sole Responsibility for Outbound Communications

5.3 TCPA Indemnification

You agree to defend, indemnify, and hold harmless Resolon LLC, its officers, directors, employees, agents, affiliates, and sub-processors from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, fines, statutory damages, and expenses (including reasonable attorneys' fees and the cost of cyber-insurance retention) brought by a Lead Subject, regulator, attorney general, the Federal Communications Commission, the Federal Trade Commission, or any class representative arising out of or relating to your outbound communications (including calls, text messages, pre-recorded messages, ringless voicemail, and AI-generated voice messages) with any Lead Subject. This indemnification specifically covers, without limitation, claims under the TCPA, the CAN-SPAM Act, the Florida Telephone Solicitation Act, the Oklahoma Telephone Solicitation Act, the Washington Telephone Solicitation Act, and any other federal, state, or local telemarketing, consumer protection, or telecommunications law. This indemnification supplements Section 12 (Indemnification), is independent of any cap or limitation on liability, and survives termination of these Terms.

6. Acceptable Use Policy

You agree to the following restrictions when using the Service:

6.1 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

6.2 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 (see Section 5)
• Does not include data of individuals who have opted out or requested deletion

6.3 Geographic Scope

The Service is designed for and offered to insurance professionals operating in the United States. You represent that you are established in, and that the Lead Subjects whose data you submit are residents of, the United States. If you submit Lead Data of residents of the European Economic Area, the United Kingdom, Switzerland, or any other jurisdiction whose data protection laws require additional safeguards, you are responsible for ensuring that all such required safeguards (including a valid cross-border transfer mechanism and any required data protection impact assessment) are in place, and our Data Processing Agreement Section 13 (International Data Transfers) applies.

6.4 HIPAA — No Protected Health Information

7. 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.

8. Subscription and Billing

8.1 Plans

8.2 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.

8.3 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).

8.4 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, except where required by applicable law. Upon cancellation, data is retained for 30 days before permanent deletion (see Section 13).

9. Service Level Agreement

9.1 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)

9.2 Service Credits

Service credits are governed exclusively by the Service Level Agreement and are the sole and exclusive remedy for any downtime or failure to meet the uptime commitment.

10. Intellectual Property and Data Rights

10.1 Our Intellectual Property

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.

10.2 Data License Grant

10.3 Derivative Data Ownership

All derivative data, models, algorithms, validation patterns, scoring calibrations, fraud detection signatures, aggregated benchmarks, market insights, training corpora, and intellectual property created by the Company through processing Lead Data are the exclusive and irrevocable property of the Company and are not Lead Data. These derivatives survive termination of your subscription indefinitely and are not subject to any data export, return, or deletion obligation under these Terms, the Data Processing Agreement, or any applicable data protection law to the extent permitted by such law.

10.4 Individually Identifiable Data

The Company shall not sell raw, individually identifiable Lead Data to unaffiliated third parties as a standalone data product. You retain the right to access, export, and delete your individually identifiable Lead Data during the term of your subscription as described in Section 7.

10.5 Acknowledgment of Data Value

10.6 Feedback

Any suggestions, ideas, or feedback you provide about the Service may be used by us without restriction or compensation.

11. 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. Nothing in this Section limits Customer's indemnification obligations under Section 5.3 (TCPA Indemnification) or Section 12 (Indemnification).

12. Indemnification

You agree to indemnify, defend, and hold harmless Resolon LLC, its officers, directors, employees, agents, affiliates, and sub-processors 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, TCPA, state TCPA mini-statutes, CAN-SPAM, CCPA/CPRA, TDPSA, VCDPA, CPA, CTDPA, or any successor or analogous law;
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, Lead Subject, regulator, attorney general, or class representative arising from your use of Validation Results or your outbound communications with Lead Subjects (the TCPA-specific indemnity in Section 5.3 supplements and does not limit this paragraph);
5. Your failure to comply with the FCRA attestation in Section 3, the DPPA certification in Section 4, or the TCPA allocation in Section 5;
6. Your submission of Protected Health Information in violation of Section 6.4.

We will provide you with prompt notice of any claim and reasonable cooperation in the defense, at your expense. You may not settle any claim that imposes any obligation on us, admits any fault on our behalf, or affects our rights without our prior written consent.

13. Termination

13.1 By Customer

You may terminate your account at any time through account settings or by contacting support@leadvalidatorpro.com.

13.2 By Company

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

• You breach these Terms, including the FCRA attestation, DPPA certification, TCPA allocation, 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

13.3 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 individually identifiable Lead Data, Validation Results, and account data are permanently deleted (derivative data is retained per Section 10.3)
• Audit and security logs are retained for the minimum period required by law (1 year)
• Any outstanding fees become immediately due and payable

13.4 Survival

Sections 3 (FCRA Attestation), 4 (DPPA Compliance), 5 (TCPA Allocation), 6.4 (HIPAA), 10 (Intellectual Property and Data Rights), 11 (Limitation of Liability), 12 (Indemnification), and 14 (Dispute Resolution) survive termination.

14. Dispute Resolution

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

Informal Resolution: Before initiating any formal proceeding, you agree to first contact us at legal@leadvalidatorpro.com and attempt to resolve the dispute informally for a period of at least thirty (30) days.

Arbitration: Any dispute arising from these Terms that is not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Dallas County, Texas, by a single arbitrator. 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, class arbitration, or representative action. The arbitrator may not consolidate more than one party's claims and may not preside over any form of representative or class proceeding.

Jury Trial Waiver: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS.

Exception: Either party may seek injunctive or equitable relief in a court of competent jurisdiction in Dallas County, Texas to protect intellectual property rights, enforce the data license in Section 10, or prevent irreparable harm, and the parties consent to the personal jurisdiction of such courts for that limited purpose.

15. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, Data Processing Agreement, and Service Level 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 by email to the account holder. Continued use after the effective date 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 legal@leadvalidatorpro.com. We will send notices to the email associated with your account.
• No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights, except that Lead Subjects are intended beneficiaries of the obligations in Section 5 (TCPA), Section 6.4 (HIPAA), and the indemnities in Sections 5.3 and 12, solely to the extent such beneficiary status is required by applicable law.