Terms and Conditions
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://leadcapture.io website (the “Service”) operated by LeadForms LLC, doing business as LeadCapture.io (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you do not have permission to access the Service.
Communications
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Subscriptions
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or LeadForms LLC (LeadCapture.io) cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting LeadCapture.io customer support.
A valid payment method, including a credit card, is required to process payment for your Subscription. You shall provide LeadForms LLC (LeadCapture.io) with accurate and complete billing information, including full name, address, state, zip code, telephone number, and a valid payment method. By submitting such payment information, you automatically authorize LeadForms LLC (LeadCapture.io) to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail for any reason, LeadForms LLC (LeadCapture.io) will issue an electronic invoice indicating that you must proceed manually within a specified deadline date with the full payment corresponding to the billing period.
Custom Form Builds, Edits, and Related Services
As part of our Service, LeadForms LLC (LeadCapture.io) offers custom setup, form builds, edits, optimizations, recommendations, and integration assistance on select subscription plans (not available on all plans). The following terms and limits apply to these services, subject to change at our discretion and unless otherwise agreed upon in writing:
- New Form Builds or Design Services: Any request for a new form build or design service from scratch will be completed within five (5) business days from the date of the request, subject to the complexity and scope of the project as determined by LeadForms LLC (LeadCapture.io). Customers are limited to two (2) new funnel or form setups per month.
- Form Edit Requests: Any request to edit an existing form will be completed within three (3) business days from the date of the request, provided the request is clear and actionable. Customers are limited to five (5) new edits per month.
- CRM or Integration Requests: Any request for CRM setup or integration assistance will be completed within five to ten (5-10) business days from the date of the request, subject to compatibility and third-party system availability.
- Form Analysis or Conversion Rate Optimization: Any request for form analysis or conversion rate optimization is subject to LeadForms LLC’s (LeadCapture.io’s) discretion. Timelines and deliverables will be determined based on the scope of the request and communicated to you in advance. Customers are limited to one (1) analysis per quarter.
All timelines are estimates and may be affected by factors such as incomplete information, technical issues, or unforeseen complexities. LeadForms LLC (LeadCapture.io) will make reasonable efforts to meet these timelines but does not guarantee them. The above limits (2 new funnel/form setups per month, 5 new edits per month, and 1 analysis per quarter) are standard allocations and may be adjusted at LeadForms LLC’s (LeadCapture.io’s) discretion or by mutual agreement with the customer.
Indemnification for Custom Services: You agree to indemnify and hold harmless LeadForms LLC (LeadCapture.io), its employees, contractors, agents, and affiliates from any claims, damages, losses, liabilities, or expenses (including attorney’s fees) arising from: (i) issues with custom forms, including but not limited to forms breaking or malfunctioning; (ii) time lost due to delays or technical difficulties in implementing custom builds, edits, or integrations; or (iii) decreases in conversion rates or other performance metrics alleged to result from our custom services, optimizations, or recommendations. LeadForms LLC (LeadCapture.io) is not liable for outcomes dependent on third-party systems, user-provided data, or external factors beyond our control.
Fee Changes
LeadForms LLC (LeadCapture.io), at its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
LeadForms LLC (LeadCapture.io) will provide you with reasonable prior notice of any Subscription fee changes, giving you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
Certain refund requests for Subscriptions may be considered by LeadForms LLC (LeadCapture.io) on a case-by-case basis and granted at the sole discretion of LeadForms LLC (LeadCapture.io).
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to restricting access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity, a name or trademark that is subject to any rights of another person or entity without appropriate authorization, or any name that is offensive, vulgar, or obscene.
Intellectual Property
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of LeadForms LLC (LeadCapture.io) and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of LeadForms LLC (LeadCapture.io).
Links to Other Websites
Our Service may contain links to third-party websites or services not owned or controlled by LeadForms LLC (LeadCapture.io). We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that LeadForms LLC (LeadCapture.io) shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Indemnification
You agree to defend, indemnify, and hold harmless LeadForms LLC (LeadCapture.io) and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms; or c) Content posted on the Service.
Limitation of Liability
In no event shall LeadForms LLC (LeadCapture.io), nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; or (iv) unauthorized access, use, or alteration of your transmissions or content, even if a remedy set forth herein is found to have failed of its essential purpose. Any compensation provided for downtime or disruptions will be limited to service credits at LeadForms LLC’s (LeadCapture.io’s) discretion.
Disclaimer of Warranties
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis, with no warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
LeadForms LLC (LeadCapture.io), its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. Updates to the Service may impact functionality, and LeadForms LLC (LeadCapture.io) disclaims liability for interruptions or adjustments resulting from necessary updates or technical adjustments.
Force Majeure
LeadForms LLC (LeadCapture.io) shall not be liable for any failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, power failures, or technical issues with third-party providers.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Pennsylvania, United States, without regard to its conflict of law provisions.
Failure to enforce any right or provision of these Terms shall not constitute a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede any prior agreements we might have had.
Changes
We reserve the right to modify or replace these Terms at any time, at our sole discretion. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. Continued use of the Service after any revisions constitutes your agreement to be bound by the revised terms.
Contact Us
If you have any questions about these Terms, please contact us.
