Terms of Service
Last Updated: 11/1/2024
Welcome to Lead Lure, These Terms of Service (“Terms”) govern your access to and use of our software-as-a-service (SaaS) platform, which provides web and physical location monitoring, visitor identification, ad creation, and multi-channel ad distribution (“Service”). By using our Service, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please refrain from using the Service.
- Acceptance of Terms
By accessing or using our Service, 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.
- Eligibility
You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Service. By using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
- Service Description
Our Service provides the following: - Monitoring of website traffic and physical locations.
- Identification of individuals visiting digital and physical locations (within the limits of applicable laws).
- Distribution of personalized advertisements across multiple ad channels.
We reserve the right to modify or discontinue any features of the Service without prior notice.
- User Obligations
By using the Service, you agree to: - Compliance with Laws: Use the Service in compliance with all applicable laws, regulations, and guidelines, including but not limited to data protection, privacy, and consumer protection laws.
- Accuracy of Data: Provide accurate and lawful data. You are responsible for obtaining any necessary consents from individuals for the collection and use of their data in connection with the Service.
- Restricted Content: Not use the Service to transmit, distribute, or store content that is illegal, harmful, threatening, abusive, or violates intellectual property rights or privacy rights.
- Data Privacy and Security
- Data Collection and Use: Our Service may collect data related to visitor behavior and identification. By using the Service, you consent to our data collection, use, and sharing practices as detailed in our Privacy Policy.
- Personal Data: You are responsible for obtaining appropriate consents from individuals whose personal data may be collected or used by the Service, in compliance with all applicable privacy laws and regulations.
- Third-Party Data: If you provide us with data related to third-party individuals, you represent that you have all necessary permissions to share this data with us.
- Disclosure Requirement: You are required to disclose this data collection in the Privacy Policy of the website where the pixel is installed. Visitors must be informed that data is being collected and may be used for personalized advertising.
- Recommended Language: To assist with this, the following language is recommended for insertion in the Privacy Policy, though it may be modified at Your discretion to fit Your specific needs:
- This site is being monitored by one or more third-party software(s), and may capture information about your visit. You may opt-out from the data collection on your visit through a universal consumer options page located at http://collectionoptoutservices.com.
- Compliance with Privacy Laws: You are solely responsible for ensuring that Your Privacy Policy and data practices are compliant with all applicable privacy and data protection laws, including but not limited to the GDPR, CCPA, or any other local regulations relevant to Your operations.
- User Account and Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must promptly notify us of any unauthorized use of your account. - Fees and Payments
Use of the Service may be subject to fees as described in the pricing section on our website, an insertion order, or provided in your agreement. You agree to pay any applicable fees, and we reserve the right to modify our fees at any time with notice. - Intellectual Property Rights
- Platform Ownership: We retain all rights, title, and interest in and to the Service, including any updates, modifications, or enhancements.
- License: We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service for your business purposes, subject to these Terms.
- User Content: You retain ownership of any data or content you submit to the Service. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content for the purposes of providing the Service.
- Prohibited Activities
You may not:
- Reverse engineer, decompile, or disassemble the Service.
- Use the Service in a manner that could damage, disable, or impair the Service.
- Attempt to gain unauthorized access to other users’ accounts or data.
- Use the Service for any unlawful or fraudulent purposes.
- Limitation of Liability
To the fullest extent permitted by law, [Platform Name] will not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities arising from or related to your use or inability to use the Service. - Indemnification
You agree to indemnify, defend, and hold harmless [Platform Name] and its affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Service, your breach of these Terms, or your violation of any rights of a third party. - Termination
We may terminate or suspend your access to the Service without prior notice if you violate these Terms or for any other reason at our sole discretion. Upon termination, you will no longer have access to your account, and any data associated with your account may be deleted. - Modifications to Terms
We may modify these Terms at any time. We will notify you of any changes by posting the updated Terms on our website. Your continued use of the Service following any such changes constitutes acceptance of the updated Terms. - Governing Law and Dispute Resolution
These Terms are governed by the laws of Florida, without regard to its conflict of law principles. Any disputes arising from or related to these Terms or the Service shall be resolved exclusively through binding arbitration in Florida. - Miscellaneous
- Entire Agreement: These Terms, along with the Privacy Policy, constitute the entire agreement between you and [Platform Name] regarding the use of the Service.
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
- No Waiver: Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision.
16. Electronic Signatures
By clicking the “Agree” button, a similar designated link, or by signing any provided Agreement or Insertion Order, You agree to the terms and conditions of this Agreement with [Platform Name]. This action constitutes a legally binding electronic or written signature, indicating Your intent to be bound by this Agreement and all its terms.
In line with applicable laws, including the U.S. Electronic Signatures in Global and National Commerce Act (“E-Sign Act”), You consent to using electronic signatures, contracts, and records. You also agree to receive notices, policies, and records electronically for transactions conducted through our software or services. Additionally, You waive any rights or requirements under any laws that may require a physical signature, non-electronic records, or non-electronic payments.
If you have any questions about these Terms, please contact us at:
Nachal Inc. dba Lead Lure
5660 Strand Court, Naples, FL 34120
contact@leadlure.com
By using the Service, you acknowledge that you have read, understood, and agree to these Terms of Service.