Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Formless, Inc. DBA LeadEngines ("LeadEngines®," "we," "us," or "our") governing your access to and use of the LeadEngines® platform and related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. 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 to these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, do not access or use our Services. We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the platform. Your continued use after the effective date of changes constitutes acceptance.

2. Description of Services

LeadEngines® provides a cloud-based software platform for lead generation, lead scoring, marketing automation, CRM integration, analytics, and sales outreach (the "Services"). The Services are provided on a subscription basis and subject to the plan you have selected. We may update, modify, or discontinue features of the Services at any time, provided we give reasonable notice for material changes that adversely affect your use.

3. User Accounts

To access the Services, you must create an account by providing accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account
• Promptly notifying us of any unauthorized access to your account
• Ensuring all users under your account comply with these Terms

You may not share account credentials with individuals outside your organization or allow concurrent use of a single seat by multiple individuals. We reserve the right to suspend or terminate accounts that violate these requirements.

4. Acceptable Use Policy

You agree to use the Services only for lawful purposes and in accordance with these Terms. You may not use the Services to:

• Send unsolicited commercial emails or messages (spam) in violation of applicable law
• Upload, transmit, or distribute malware, viruses, or harmful code
• Scrape, mine, or harvest data from the Services without authorization
• Attempt to gain unauthorized access to our systems or other users' accounts
• Engage in any activity that could damage, disable, or impair the Services
• Use the Services to engage in illegal discrimination or violation of privacy laws
• Violate any applicable local, national, or international law or regulation
• Impersonate any person or entity
• Store, process, or transmit protected health information (PHI) without a BAA

We reserve the right to investigate suspected violations and suspend or terminate access immediately if we determine a violation has occurred.

5. Intellectual Property

Our Intellectual Property

The Services, including all software, technology, algorithms, designs, documentation, and content, are owned by Formless, Inc. DBA LeadEngines and protected by intellectual property laws. These Terms do not grant you any right, title, or interest in our intellectual property beyond the limited license to use the Services as described herein.

Your Data

You retain all rights to the data you upload, import, or generate through the Services ("Customer Data"). You grant us a limited, non-exclusive license to process your Customer Data solely to provide and improve the Services. We do not claim ownership of your Customer Data and will not use it for any purpose other than providing services to you.

6. Payment Terms

Subscription fees are charged in advance on a monthly or annual basis, depending on your selected billing cycle. By providing payment information, you authorize us to charge the applicable fees to your payment method. All fees are non-refundable except as expressly stated in our refund policy or required by law.

We will notify you by email at least 30 days before any price changes take effect. Price changes will apply to the next billing cycle after the notice period. If you do not agree to a price change, you may cancel your subscription before the change takes effect.

If payment fails, we will notify you and provide a grace period of 7 days to update your payment method. After the grace period, we may suspend access to the Services until payment is received. Accounts suspended for non-payment for more than 60 days may be terminated and data deleted.

7. Free Trials

We offer a 14-day free trial with no credit card required for new accounts. During the trial, you have access to the full features of your selected plan. At the end of the trial, your account will be converted to a free read-only state unless you provide payment information and activate a paid subscription. We reserve the right to modify or discontinue free trial offers at any time.

8. Termination

You may cancel your subscription at any time through your account settings or by contacting our support team. Cancellations take effect at the end of your current billing period. You will retain access to the Services through the end of your paid period.

We may suspend or terminate your access to the Services immediately, with or without notice, if: (a) you breach these Terms; (b) you fail to pay fees when due; (c) we determine continued access poses a security or legal risk; or (d) we discontinue the Services. Upon termination, your right to access the Services ends immediately. We will retain your data for 90 days post-termination to allow for data export.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY AI-GENERATED INSIGHTS OR LEAD SCORES PROVIDED BY THE SERVICES.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FORMLESS, INC. DBA LEADENGINES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING UNDER OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO US IN THE THREE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

11. Indemnification

You agree to indemnify, defend, and hold harmless Formless, Inc. DBA LeadEngines and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services in violation of these Terms; (b) your Customer Data; (c) your violation of any applicable law or third-party rights; or (d) any fraud or willful misconduct by you.

12. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. Any dispute arising out of or related to these Terms or the Services shall first be subject to good-faith negotiation. If negotiation fails, disputes shall be resolved by binding arbitration administered by JAMS under its Commercial Arbitration Rules. The arbitration shall take place in Miami, Florida. Judgment on the award may be entered in any court of competent jurisdiction.

You waive your right to participate in any class action lawsuit or class-wide arbitration. Each party shall bear its own costs of arbitration unless the arbitrator awards costs to the prevailing party.

13. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and any order forms or addenda, constitute the entire agreement between the parties regarding the Services.
• Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force and effect.
• No Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
• Force Majeure: Neither party shall be liable for delays or failures in performance resulting from causes beyond their reasonable control.

14. Contact

Questions about these Terms should be directed to: