leadhawk

Terms of Service

Leadhawk provides an artificial intelligence ("AI") chatbot service that allows our users to add an AI-powered sales assistant to their websites, helping them engage visitors, answer questions, and capture leads.

You have accepted these Terms of Service, which govern your use of our service. As used in these Terms of Service, "Leadhawk service", "our service" or "the service" means the personalized service provided by Leadhawk for accessing and using Leadhawk, including all features and functionalities, our websites, and user interfaces, as well as all content and software associated with our service. References to 'you' in these Terms of Service indicate the user who created the Leadhawk account or affiliate account with regards to our Affiliate Program. References to 'us' in these Terms of Service indicate Leadhawk or its owner.

YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 13 TO RESOLVE ANY DISPUTES WITH LEADHAWK (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).

  1. Subscriptions and One-time Purchases

    1.1. If you enter into a Leadhawk subscription, your subscription will continue and automatically renew until terminated. To subscribe to or make a one-time purchase on the Leadhawk service you must have Internet access and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. Each one-time purchase you make will charge your Payment Method for that purchase. You must cancel any subscription you have before it renews in order to avoid billing of the subscription fees for the next billing cycle to your Payment Method (see "Cancellation" below).

    1.2. We may offer a number of subscription plans, including subscriptions offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Leadhawk subscription and purchase history by visiting the leadhawk.ai website, logging in, and clicking on the "Manage billing" button available at the top of the page.

  2. Promotional Offers. We may from time to time offer special promotional offers, plans or subscriptions (“Offers”). Offer eligibility is determined by Leadhawk at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Leadhawk subscription or purchase to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.

  3. Billing and Cancellation

    3.1. Billing Cycle. The subscription fee for the Leadhawk service and any other purchases and charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to the Payment Method you add during checkout with our payment provider, Stripe, Inc. The billing cycle for your subscription will be on a monthly basis, unless otherwise chosen by you when subscribing or otherwise noted. Subscription fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid subscription began on a day not contained in a given month. Visit the leadhawk.ai website, log in, and click on the "Manage billing" button to see your next payment date.

    3.2. Payment Methods. To subscribe to or make a purchase for the Leadhawk service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee or any purchases. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

    3.3 Updating your Payment Methods. You can update your Payment Methods through the Stripe billing portal by clicking the "Manage billing" button. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

    3.4. Cancellation. You can cancel your Leadhawk subscription at any time. To cancel, go to the billing portal through the "Manage billing" button on our leadhawk.ai website and follow the instructions for cancellation. If you signed up for Leadhawk using your account with a third party as a Payment Method and wish to cancel your Leadhawk subscription, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Leadhawk service through that third party.

    3.5. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you. If you do not wish to accept the price change or change to your subscription plan, you can cancel your subscription before the change takes effect.

    3.6. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used subscription periods or purchases. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

    3.7. Responsibility for Purchases. All charges and purchases made through the Leadhawk service are the responsibility of the account holder whose Payment Method is used. By providing a Payment Method, you confirm that you are authorized to use that Payment Method and that you authorize us to charge that Payment Method for any purchases, subscriptions, or fees incurred in relation to your use of the Leadhawk service.

    3.8. Unauthorized Use by Minors. Leadhawk strictly requires users to be at least 18 years of age, or under the supervision and with the consent of a parent or legal guardian, to use our services. Parents or legal guardians are responsible for the activity of their children on the Leadhawk platform. Unauthorized use of a Payment Method by children or any other individual does not exempt the account holder from liability for any charges incurred. We recommend keeping Payment Method details secure and monitoring account activity to prevent unauthorized transactions.

    3.9. Liability for Unverified Transactions. In the event that a Payment Method is used for unverified or unauthorized transactions on the Leadhawk service, the account holder shall be held liable for any resulting charges. It is the account holder's responsibility to ensure the security and confidentiality of their account information and Payment Method details to avoid unauthorized access and use. If unauthorized use is suspected, please contact our Customer Support immediately at .

  4. Leadhawk Service

    4.1. You must be at least 18 years of age to become a user of the Leadhawk service. Individuals under the age of 18 may only utilize the service with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Service.

    4.2. The Leadhawk service is designed for business and commercial use to help you engage with your website visitors. During your Leadhawk subscription or through a purchase, we grant you a limited, non-exclusive, non-transferable right to access and use the Leadhawk service for your business purposes. You may embed the Leadhawk chatbot widget on your websites in accordance with these Terms. Except for the foregoing, no right, title or interest shall be transferred to you.

    4.3. The Leadhawk service is available internationally, though access may be restricted in certain regions. You may use the service and embed the chatbot widget on websites accessible from geographic locations where the service is available.

    4.4. The Leadhawk service is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our websites, user interfaces and promotional features.

    4.5. You agree to use the Leadhawk service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized by us, you agree not to:

    (i) infringe, misappropriate, or violate the privacy rights, intellectual property rights, or any other rights of any third party or constitute unfair competition or trade practices under the legal requirements of any jurisdiction;

    (ii) endorse, produce, transmit, or promote anything that is threatening, abusive, hateful or which contains or incites violence, obscene, defamatory, libelous, invasive of privacy or publicity rights, harassing, or otherwise objectionable or harmful through the use of the service;

    (iii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

    (iv) engage in or promote illegal activities;

    (v) archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Leadhawk service;

    (vi) circumvent, remove, alter, deactivate, degrade, block, obscure or thwart any of the content protections or other elements of the Leadhawk service, including the graphical user interface, copyright notices, and trademarks;

    (vii) use any robot, spider, scraper or other automated means to access the Leadhawk service;

    (viii) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Leadhawk service;

    (ix) insert any code or product or manipulate the content of the Leadhawk service in any way;

    (x) use any data mining, data gathering or extraction method;

    (xi) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Leadhawk service, including any software viruses or any other computer code, files or programs.

    We may terminate or restrict your use of our service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you violate these Terms of Service or are engaged in illegal or fraudulent use of the service.

    4.6. The performance of the Leadhawk service may be affected by a variety of factors, such as your location and the speed of your Internet connection. You are responsible for all Internet access charges. Leadhawk makes no representations or warranties about the quality of your experience or the accuracy of AI-generated responses.

    4.7. The Leadhawk software, including the chatbot widget, browser extensions, and mobile applications, is developed by, or for, Leadhawk and may solely be used for authorized purposes. By using our service, you agree to receive, without further notice or prompting, updated versions of the Leadhawk software. If you do not accept the foregoing terms, do not use our service.

    4.8. The Leadhawk chatbot widget is designed to be embedded on your websites. You are responsible for ensuring that the widget is properly integrated and that your use of the widget complies with all applicable laws, including privacy laws that may require you to disclose the use of AI chatbots or obtain consent from your website visitors.

    4.9. Prohibited High-Risk Use Cases. The Leadhawk service is not designed, intended, or authorized for use in the following high-risk applications, and you agree not to use the service for:

    (i) Medical or Healthcare: providing medical diagnoses, treatment recommendations, health advice, or any information that could be construed as medical guidance; collecting or processing protected health information (PHI); the service is not HIPAA compliant;

    (ii) Legal Services: providing legal advice, legal opinions, or any information that could be construed as legal guidance or representation;

    (iii) Financial Services: providing investment advice, financial planning, tax advice, or any information that could be construed as financial guidance regulated by securities laws;

    (iv) Emergency Services: any situation where the chatbot is presented as a substitute for emergency services (such as 911), crisis hotlines, or suicide prevention services;

    (v) Mental Health Crisis Intervention: providing mental health counseling, therapy, or crisis intervention services; the chatbot should not be used as a substitute for licensed mental health professionals;

    (vi) Children and Minors: knowingly collecting personal information from children under the age of 13 without verifiable parental consent as required by COPPA; marketing age-restricted products or services to minors;

    (vii) High-Stakes Automated Decisions: making or substantially influencing automated decisions regarding employment, credit, housing, insurance, educational admissions, or other decisions that have significant legal or similarly significant effects on individuals;

    (viii) Regulated Professional Services: any service that requires a professional license (such as accounting, engineering, architecture, or real estate brokerage) where the chatbot responses could be construed as professional advice;

    (ix) Adult Content: distributing, promoting, or facilitating access to pornographic, sexually explicit, or adult content;

    (x) Gambling: operating or facilitating gambling, betting, or lottery services where prohibited or regulated by law.

    You acknowledge that AI-generated responses may contain errors and are not a substitute for professional advice in any of the above areas. Notwithstanding the foregoing prohibitions, any use of the Leadhawk service in connection with regulated industries or high-risk applications, in violation of these Terms, is at your sole risk and you agree to indemnify Leadhawk for any claims arising from such unauthorized use.

  5. User Content

    User content includes any information that you create, submit, transmit or upload while using Leadhawk, including, but not limited to, website content, product information, training data, chatbot configurations, conversation logs, video files, audio files, images, documents, FAQs, pricing information, policy documents, any submissions, comments, questions, testimonials, advice, suggestions, ideas, or other information you directly or indirectly provide to Leadhawk through any method existing now or in the future (altogether, “User Content”). By providing User Content you represent and warrant that you have all consents, licenses and rights necessary to provide and license the User Content and you grant Leadhawk a non-exclusive, irrevocable, fully-paid, royalty-free, perpetual, sub-licensable, transferrable, worldwide license to User Content under all intellectual property and other rights you own or control to use, disclose, display, distribute, modify, make derivative works of, publish, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for the purposes of providing and improving the Leadhawk service without attribution, notice, permission or payment to you or a third party. Leadhawk reserves the right to review, edit, delete or block access to User Content without notice.

  6. End User Data and Visitor Interactions

    6.1. When you use the Leadhawk chatbot on your website, your website visitors ("End Users") will interact with the chatbot and may provide information during those conversations. You acknowledge that: (a) you are the data controller for any personal information collected from your End Users through the chatbot; (b) you are responsible for complying with all applicable privacy laws and regulations regarding the collection, use, and storage of End User data; (c) you must provide appropriate privacy notices to your End Users informing them of your data collection practices, including the use of AI chatbots; and (d) you are responsible for obtaining any necessary consents from End Users as required by applicable law.

    6.2. With respect to End User data collected through your chatbot, Leadhawk acts as a data processor when processing data on your behalf to provide the chatbot service. However, Leadhawk also acts as an independent data controller for certain purposes, including: (a) providing analytics and insights across the Leadhawk platform; (b) improving our services; (c) fraud prevention and security; and (d) compliance with legal obligations. We implement appropriate technical and organizational measures to protect End User data. For more information on how Leadhawk uses End User data, please see our Privacy Policy.

    6.3. You retain ownership of all conversation data and End User information collected through your chatbot. You may export or delete this data at any time through the Leadhawk dashboard. Upon termination of your account, we will delete the conversation data and chatbot configurations associated with your account in accordance with our data retention policies. However, End User records may be retained by Leadhawk where such End Users have also interacted with other Leadhawk customers' chatbots, or where retention is necessary for Leadhawk's legitimate business purposes (such as analytics, fraud prevention, or legal compliance) as described in our Privacy Policy.

    6.4. You agree not to provide training data or configure the Leadhawk chatbot in a way that is designed to solicit sensitive personal information (such as health information, financial account numbers, social security numbers, or other government identifiers) from End Users unless you have implemented appropriate safeguards and obtained necessary consents as required by applicable law. You acknowledge that End Users may voluntarily provide sensitive information during conversations, and you are responsible for handling such information in accordance with applicable law.

  7. Third-Party Integrations

    7.1. The Leadhawk service may integrate with third-party platforms and services, including but not limited to e-commerce platforms (such as Shopify and WooCommerce), customer relationship management (CRM) systems, and other business tools. Your use of these integrations is subject to the terms and conditions of those third-party services.

    7.2. Leadhawk is not responsible for the availability, functionality, or performance of any third-party integrations. We do not guarantee that integrations will continue to be available or compatible with the Leadhawk service.

    7.3. When you connect third-party services to Leadhawk, you authorize us to access and use data from those services as necessary to provide the integration functionality. You are responsible for ensuring that you have the right to share such data with Leadhawk.

  1. Affiliate Program - THIS SECTION APPLIES ONLY TO THOSE WHO SIGN UP TO OUR AFFILIATE PROGRAM
    8.1. Self-referrals are not allowed (i.e. signing up for Leadhawk through your own affiliate link). Abuse, gaming, or attempting to mislead (i.e. posting fake discounts to coupon-sharing websites) will result in your account being permanently banned. In some cases, we can give credit to an affiliate even if the customer didn't sign up through an affiliate link or coupon code. If you have a case like this, please contact us and we'll do our best to help. No search engine ads (especially on branded terms or domain names), Facebook ads or other ads that would compete with our own marketing and cause potential confusion for customers. No Facebook ads that link to our website or anything similar that would compete with our own paid marketing and drive up our costs and potentially cause confusion. No pretending to be acting on behalf of us (i.e. as an employee). We reserve the right to change the Terms of Service for our affiliate program at any time. We reserve the right to terminate your affiliate account for violation of any of the rules or any other reason at our sole discretion. Commissions generated by mechanisms that are in violation of our Terms of Service will not be paid or owed.

    8.2. Commission payment. Leadhawk commissions are paid: Monthly (usually on the 1st) via PayPal. In order to receive payment, you must provide a valid PayPal email address. Payments are made for each customer that subscribes to a paid plan or makes a purchase using your affiliate link (not including refunded payments). Each customer payment has a 30 day buffer period before becoming payable, which is then paid out at the beginning of the next month (usually on the 1st). This helps account for refunds. For example, if a customer payment occurs on July 13, 2023, it becomes payable on August 12, 2023 (30 days later) and will be paid out around September 1, 2023.

    8.3. Non-Exclusivity. This Terms of Service does not create an exclusive agreement between you and us. Both you and we will have the right to recommend similar products and services of third parties and to work with other parties in connection with the design, sale, installation, implementation and use of similar services and products of third parties.

    8.4. Relationship.

    1. The relationship between you and us shall be that of an independent contractor. Any compensation payable to you shall be paid in your capacity as an independent contractor, and neither you, nor any of your employees, agents or sales staff shall be considered or construed to be an employee or statutory employee of us. No partnership or joint venture is intended or shall be created by this Terms of Service. Nothing contained in this Terms of Service shall be construed to constitute either party as an officer, employee, statutory employee or legal representative of the other. You will be solely responsible for obtaining and maintaining all applicable business licenses and for timely payment of all income, payroll, and employment-related taxes, including without limitation all FICA, SUTA, unemployment, workers’ compensation, income tax withholding, and any other taxes of any nature whatsoever. As an independent contractor, you are not covered by any of our employee benefit plans. You agree to defend us against any claim or cause of action by any person or entity resulting from your failure or alleged failure to pay your taxes or assessments.
    2. Neither you nor any of your employees, agents or sub-contractors have the authority to bind us to any representation or agreement, orally or in writing, with a third party.
    3. We reserve the right to (i) lower a customer's rates or (ii) change a customer’s product and service. Commissions to you hereunder may be adjusted to reflect any such changes.
    4. The right of ours to terminate this Terms of Service hereunder shall not be affected in any way by our waiver of, or failure to take, any action with respect to any previous default.
    5. Any out-of-pocket expense incurred by you in the performance of this Terms of Service shall be paid solely by you.

  2. Passwords and Account Access. You are responsible for any activity that occurs through the Leadhawk account. By allowing others to access the account (which includes access to information on account activity), you agree that such individuals are acting on your behalf and that you are bound by any changes that they may make to the account, including but not limited to changes to the subscription plan or any purchases. To help maintain control over the account and prevent any unauthorized users from accessing the account, you should maintain control over the devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You agree to provide and maintain accurate information relating to your account, including a valid email address so we can send you account related notices. We can terminate your account or place your account on hold in order to protect you, Leadhawk or our partners from identity theft or other fraudulent activity. Leadhawk is not obligated to credit or discount a subscription or purchase for holds placed on the account by either a representative of Leadhawk or by the automated processes of Leadhawk.

  3. Copyright Policy. We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to , with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims". You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

  4. DMCA Notice and Procedure for Copyright Infringement Claims. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): a physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf; a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; a description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit the service provider to locate the material; information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address; a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You can contact our Copyright Agent via email at .

  5. Disclaimers of Warranties and Limitations on Liability

    12.1. THE LEADHAWK SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE LEADHAWK SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LEADHAWK DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE LEADHAWK SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. LEADHAWK SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF THE LEADHAWK SOFTWARE, CHATBOT WIDGET, BROWSER EXTENSIONS, AND MOBILE APPLICATIONS (INCLUDING THEIR CONTINUING COMPATIBILITY WITH YOUR WEBSITES OR SYSTEMS).

    12.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL LEADHAWK, OR ITS OWNER, SUBSIDIARIES, AFFILIATES, OR PARENT COMPANIES, OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT, MISAPPROPRIATION, AND/OR LOSSES RELATING TO IMPACTED FUTURE EARNINGS AND/OR POTENTIAL.

    12.3. AI-GENERATED CONTENT DISCLAIMER. THE LEADHAWK SERVICE USES ARTIFICIAL INTELLIGENCE TO GENERATE RESPONSES TO YOUR WEBSITE VISITORS. YOU ACKNOWLEDGE AND AGREE THAT: (A) AI-GENERATED RESPONSES MAY CONTAIN ERRORS, INACCURACIES, OR INCOMPLETE INFORMATION; (B) AI-GENERATED RESPONSES ARE NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE, AND YOU SHOULD NOT RELY SOLELY ON SUCH RESPONSES FOR IMPORTANT BUSINESS, LEGAL, FINANCIAL, MEDICAL, OR OTHER DECISIONS; (C) LEADHAWK DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF ANY AI-GENERATED CONTENT; (D) YOU ARE SOLELY RESPONSIBLE FOR REVIEWING, VERIFYING, AND APPROVING THE TRAINING DATA AND INFORMATION PROVIDED TO THE AI, AND FOR MONITORING THE RESPONSES GENERATED BY YOUR CHATBOT; (E) LEADHAWK SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, CLAIMS, OR EXPENSES ARISING FROM OR RELATED TO ANY INACCURATE, MISLEADING, OR HARMFUL AI-GENERATED RESPONSES, INCLUDING BUT NOT LIMITED TO CLAIMS BY YOUR WEBSITE VISITORS OR CUSTOMERS WHO RELIED ON SUCH RESPONSES; AND (F) YOU AGREE TO INDEMNIFY AND HOLD HARMLESS LEADHAWK FROM ANY CLAIMS ARISING FROM YOUR WEBSITE VISITORS' OR CUSTOMERS' RELIANCE ON AI-GENERATED RESPONSES FROM YOUR CHATBOT.

    12.4. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR INFORMING YOUR WEBSITE VISITORS THAT THEY ARE INTERACTING WITH AN AI CHATBOT AND THAT RESPONSES ARE GENERATED BY ARTIFICIAL INTELLIGENCE. YOU SHOULD CONSIDER INCLUDING APPROPRIATE DISCLAIMERS ON YOUR WEBSITE ADVISING VISITORS THAT CHATBOT RESPONSES MAY NOT ALWAYS BE ACCURATE AND THAT THEY SHOULD VERIFY IMPORTANT INFORMATION INDEPENDENTLY.

    12.5. NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

  6. Arbitration Agreement

13.1. You and Leadhawk agree that any dispute, claim or controversy arising out of or relating in any way to the Leadhawk service, these Terms of Service and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Leadhawk are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Leadhawk subscription, purchases, and/or account.

13.2. If you elect to seek arbitration or file a small claim court action, you must first send to Leadhawk, by e-mail, a written Notice of your claim ("Notice"). The Notice to Leadhawk must be sent to the e-mail address: ("Notice Address"). If Leadhawk initiates arbitration, it will send a written Notice to the email address used for your account. A Notice, whether sent by you or by Leadhawk, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Leadhawk and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Leadhawk may commence an arbitration proceeding or file a claim in small claims court.

13.3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. Either party may initiate arbitration by providing written demand for arbitration (with a copy to the other party), a copy of this Agreement and the administrative fee required by the AAA Rules to the AAA. The remaining cost of the arbitration, including arbitrator’s fees, shall be shared equally by the parties unless the arbitration award provides otherwise. Each party shall bear the cost of preparing and presenting its case. The parties agree to undertake all reasonable steps to expedite the arbitration process.

13.4. The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Leadhawk and you agree otherwise, any arbitration hearings will take place in the county of Palm Beach, Florida. The arbitrator shall not be able to award, nor shall any party be entitled to receive punitive, incidental, consequential, exemplary, reliance or special damages, including damages for lost profits. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.

13.5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

13.6. YOU AND LEADHAWK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Leadhawk agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

  1. Miscellaneous

14.1. Governing Law. These Terms of Service shall be governed by and construed in accordance with the laws of the state of Florida, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

14.2. Unsolicited Materials. Leadhawk does not accept unsolicited materials or ideas for Leadhawk content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Leadhawk. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Leadhawk and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

14.3. Feedback. Leadhawk is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Leadhawk service, including our websites and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Leadhawk service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.

14.4. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please send us an e-mail at . In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Service and information provided by Customer Service or other portions of our websites, these Terms of Service will control.

14.5. Third-Party Links. The Leadhawk service may contain links to third-party websites and online services that are not owned or controlled by Leadhawk. Leadhawk has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

14.6. Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.

14.7. Survival. If any provision or provisions of these Terms of Service shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect. Furthermore, the failure to enforce any of the provisions of this Terms of Service or the waiver thereof in any instance shall not be construed as a general waiver or relinquishment on its part of that provision or of any other provision, all of which shall remain in full force and effect.

14.8. Changes to Terms of Service and Assignment. Leadhawk may, from time to time, change these Terms of Service. Such revisions shall be effective immediately; provided however, for existing users, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable Leadhawk service.

14.9. Indemnification. You agree to defend, indemnify and hold harmless Leadhawk's officers, directors, members, managers, employees, agents, successors and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys’ fees and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers arising out of or resulting from any third party claim, suit, action or proceeding based on (a) your use of the Leadhawk service, including, but not limited to, any third party claim, suit, action or proceeding arising out of such third party accessing the content provided by you in connection with your use of the Leadhawk, (b) your use of or reliance upon any and all content provided through Leadhawk, (c) your breach or violation of any of these Terms of Service, (d) your violation of the rights of any third party, or (e) our use of your content.

14.10. Communication Preferences. We will send you information relating to your account in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Last Updated: January 20, 2026