Terms and Conditions

1. Acceptance of Terms

By accessing or using LeadSwami, Inc.'s services (the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree with any part of the Terms, you may not access the Service.

2. Description of Service

LeadSwami, Inc. provides a SaaS platform that offers performance analysis for Client’s consumer acquisition vendors (“Vendor’s”) based on data downloaded nightly from the client's Vendor’s platforms and Customer Relationship Management (CRM) software.

• Access to Portals: The client grants LeadSwami, Inc. access to their Vendor’s portals and CRM software solely for the purpose of providing the Service.
• Data Download: As part of the Service, LeadSwami, Inc. will download data from the client's Vendor’s portals and CRM software nightly. The downloaded data will be used solely for the purpose of providing the Service.
• Portal Changes: As part of the Service, LeadSwami, Inc. may make changes to the client's Vendor’s portals and CRM software, subject to the client's approval.

3. Client User Accounts

• LeadSwami will create an account for Client to access the Service.
• Client is responsible for maintaining the confidentiality of your account credentials.
• Client is responsible for all activities that occur under your account.
• Client agrees to provide accurate and complete information when creating the account.

4. Subscription and Payment

• Subscription Fee: The client agrees to pay LeadSwami, Inc. an agreed upon monthly subscription fee for access to the Service.
• Payment Due Date: The monthly subscription fee is due on the 1st day of each month, or the anniversary of the subscription start date.
• Payment Methods: Payments can be made via accepted methods of credit card or bank transfer payments.
• Late Payments: If payment is not received within 5 days of the due date, LeadSwami, Inc. reserves the right to suspend or terminate the client's access to the Service.
• Automatic Renewal: The subscription will automatically renew each month unless the client cancels their subscription in accordance with the cancellation policy.

• Price Changes: LeadSwami, Inc. reserves the right to change the monthly subscription fee at any time. Clients will be notified of any price changes at least 60 days in advance.
• Cancellation Policy: The client may cancel their subscription at any time by contacting LeadSwami, Inc by phone or email. Cancellation will take effect at the end of the current billing cycle.
• Refund Policy: Monthly subscription fees are non-refundable. However, if the service becomes unusable due to problems caused by LeadSwami, Inc.'s systems, a pro-rated refund may be issued.

5. User Responsibilities

• Client agrees to use the Service in compliance with all applicable laws and regulations.
• The client is responsible for maintaining the security of their login credentials for their Vendor’s and CRM accounts.
• The client is responsible for ensuring the accuracy and legality of the data within their Vendor’s and CRM accounts.
• The client is responsible for reviewing and approving all proposed changes to their portals before they are implemented by LeadSwami, Inc. Approval can be granted verbally or in writing.
• The client is responsible for providing accurate and complete information to LeadSwami, Inc. regarding their portal configuration and requirements.
• The client acknowledges that the performance analysis reports are based on data provided by the client and that LeadSwami, Inc. is not responsible for the accuracy or completeness of the underlying data.
• Client agrees not to use the Service for any illegal or unauthorized purpose.

6. Intellectual Property

• LeadSwami, Inc. owns all intellectual property rights to the Service.
• Client Data: The client retains all ownership rights to the data within their Vendor’s and CRM accounts ("Client Data"). LeadSwami, Inc. acknowledges that it has no ownership rights to the Client Data.
• Data Usage: LeadSwami, Inc. will use the Client Data only for the purpose of providing the Service and as expressly authorized by the client.
• Data Security: LeadSwami, Inc. will implement and maintain industry-standard security measures to protect the Client Data from unauthorized access, use, or disclosure.
• Data Integrity: LeadSwami, Inc. will take reasonable steps to ensure the integrity and accuracy of the Client Data during data processing and integration.
• Confidentiality: LeadSwami, Inc. will treat all Client Data as confidential and will not disclose it to any third party without the client's express written consent, except as required by law.
• Data Minimization: LeadSwami, Inc. will only access and process the minimum amount of Client Data necessary to provide the Service.
• Data Processing: If any third-party data processors are used, they will be named, and the data processing agreement will be referenced.
• Data Download: LeadSwami, Inc. will download data from the client’s systems nightly. The data downloaded remains the property of the client.
• Data Storage: LeadSwami, Inc. will store the downloaded data securely, using industry-standard encryption and access control measures. The data will be stored on secured cloud servers in the U.S.
• Data Retention: LeadSwami, Inc. will only retain the downloaded data for as long as necessary to provide the Service. Upon termination of the agreement all downloaded data will be securely deleted within 90 days if requested by client.
• Data Backup: LeadSwami, Inc. will perform regular backups of the downloaded data to ensure data availability. Backup data will be stored on secured cloud servers in the US.
• Data Synchronization: LeadSwami, Inc. will implement measures to ensure data synchronization between its systems and the client's portals.
• Performance Analysis Reports: LeadSwami, Inc. retains ownership of the intellectual property rights to the performance analysis reports. The client is granted a non-exclusive, non-transferable license to use the reports for their internal business purposes.
• Data Aggregation: LeadSwami, Inc. may aggregate and anonymize vendor performance data for internal research and development purposes. LeadSwami may also disclose performance data with Vendor’s in order to improve performance for client.
• Portal Changes: Any changes made to the client's portals by LeadSwami, Inc. will become the property of the client.

7. Limitation of Liability

• LeadSwami, Inc. shall not be liable for any indirect, incidental, special, or consequential damages.
• Data Loss: LeadSwami, Inc. shall not be liable for any damages arising from the loss or corruption of downloaded data, except to the extent caused by LeadSwami, Inc.'s gross negligence or willful misconduct.
• Data Security Incidents: In the event of a data security incident involving downloaded data, LeadSwami, Inc. will promptly notify the client, investigate the incident, and take appropriate steps to mitigate the impact of the incident.
• Analysis Accuracy: LeadSwami, Inc. makes no warranties or representations regarding the accuracy or completeness of the performance analysis reports.
• Decision Making: The client acknowledges that they are solely responsible for any decisions made based on the performance analysis reports.
• Change Implementation: LeadSwami, Inc. shall not be liable for any damages arising from changes made to the client's portals, except to the extent caused by LeadSwami, Inc.'s gross negligence or willful misconduct. In no event shall LeadSwami, Inc.'s liability exceed the total fees paid by the client for the Service during the 6 months preceding the event giving rise to the claim.
• Change Approval: LeadSwami, Inc. shall not be liable for any damages arising from changes that were approved by the client, even if those changes have unintended consequences.

8. Disclaimers

• The Service is provided "as is" and "as available."
• LeadSwami, Inc. disclaims all warranties, express or implied.
• Performance Analysis Disclaimer: The performance analysis reports are provided "as is" and "as available."
• Change Disclaimer: LeadSwami, Inc. makes no warranties or representations regarding the outcome of any changes made to the client's portals.

9. Termination

This Agreement may be terminated by either party for any of the following reasons:

• Breach of Contract: Failure to pay subscription fees, violation of acceptable use policies, misuse of data, breach of confidentiality, or any other material breach of this Agreement.
• Client Actions: Account inactivity for 180 days, fraudulent activity, unauthorized access attempts, or resale or sharing of the data the Service provides without permission.
• Business Reasons: Discontinuation of the Service, force majeure events, or insolvency or bankruptcy of the client.
• Mutual Agreement: Both parties may agree to terminate this Agreement at any time by mutual written consent.

Upon termination of this Agreement for any reason:

• The client's access to the Service will be terminated.
• The client will be responsible for all outstanding fees owed to LeadSwami, Inc.
• Except as otherwise provided in this Agreement, all rights and obligations of the parties under this Agreement will terminate.
• LeadSwami, Inc. will provide the client with a secure method to retrieve their Client Data in a commonly used format.
• Upon request by the client, LeadSwami, Inc. will securely delete all downloaded client data from its systems within 90 days and provide the client with confirmation of such action.

Last Updated on 3/10/2025.