Terms of Service

1. Acceptance of Terms

By creating an account, subscribing to a plan, or otherwise using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using our Services on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms.

2. Description of Services

LeadHandler.ai provides an AI-powered SMS lead qualification and routing platform for real estate brokerages. Our Services include:

• AI SMS lead qualification: Automated text message conversations with inbound leads to determine their intent, budget, timeline, location preferences, and readiness
• Lead scoring: Deterministic scoring of leads on a 0-100 scale based on qualification data
• Lead routing: Automated or manual assignment of qualified leads to agents within your brokerage
• Conversation management: A shared inbox for viewing and managing AI and agent conversations with leads
• Performance analytics: Dashboards and reports showing lead volume, qualification rates, agent performance, and source effectiveness
• Integrations: Connections with CRMs and lead sources via webhooks, API, or native integrations

3. Account Registration

To use our Services, you must create an account and provide accurate, complete information. You are responsible for:

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

You must be at least 18 years old to create an account.

4. Subscription Plans and Billing

Plans

We offer the following subscription plan:

• Pro ($1,997/month): AI lead qualification (24/7 SMS), automatic lead routing (round-robin, broker-only, rules-based), human takeover, stale lead rescue, full performance analytics, lead scoring, CRM sync (Follow Up Boss, kvCORE, Sierra Interactive, LionDesk), 1 dedicated SMS number, and unlimited agent seats.

Plan features and pricing are subject to change. We will provide at least 30 days notice before any price changes take effect for existing subscribers.

Free Trial

New subscribers may be eligible for a 14-day free trial with full Pro features. A valid payment method is required to start a trial. If you do not cancel or select a different plan before the trial ends, your payment method will be automatically charged for the plan you selected.

Billing

Subscriptions are billed monthly in advance. All fees are non-refundable except as required by law. If your payment fails, we will attempt to retry and notify you. If payment remains unsuccessful for 7 or more days, we may suspend your access to the Services.

Cancellation

You may cancel your subscription at any time from your account settings. Upon cancellation:

• You will retain access to the Services until the end of your current billing period
• No further charges will be made after the current period ends
• Your data will be retained for 30 days after cancellation, after which it may be permanently deleted
• Your dedicated SMS phone number will be released

Refunds

We do not offer refunds for partial months of service. If you believe you were charged in error, contact us at support@leadhandler.ai within 30 days of the charge.

5. SMS Messaging Terms

Overview

LeadHandler sends SMS messages to leads on behalf of your brokerage using AI-powered conversations. By using our Services, you authorize us to send SMS messages from your dedicated LeadHandler phone number to leads associated with your brokerage.

Your Responsibilities

As a subscriber, you are responsible for:

• Ensuring that leads have provided appropriate consent to receive SMS messages before their information is submitted to LeadHandler
• Complying with all applicable laws and regulations regarding SMS communications, including the Telephone Consumer Protection Act (TCPA) and regulations enforced by the Federal Communications Commission (FCC)
• Not submitting phone numbers of individuals who have not consented to receive text messages
• Honoring opt-out requests from leads promptly

Our Compliance Measures

LeadHandler implements the following compliance measures:

• Opt-out handling: We automatically process STOP, UNSUBSCRIBE, CANCEL, END, and QUIT keywords and immediately cease messaging
• Consent tracking: We record when and how each lead opted in to receive messages
• Time-of-day restrictions: We do not send automated first messages outside of 8:00 AM to 8:00 PM in the applicable timezone
• Message frequency limits: We limit automated messages to no more than 5 per day per lead
• Opt-in confirmation: First messages identify the brokerage name and provide context for the conversation

Message and Data Rates

Standard message and data rates may apply to leads who receive SMS messages. LeadHandler is not responsible for any charges incurred by leads from their mobile carrier.

No Sharing of Mobile Data

We will never share, sell, rent, or disclose mobile phone numbers or SMS opt-in data with third parties or affiliates for marketing or promotional purposes. Mobile opt-in consent data will not be shared with any third parties at any time.

6. Acceptable Use

You agree not to use our Services to:

• Send unsolicited messages (spam) or messages to individuals who have not provided consent
• Submit false, misleading, or inaccurate lead information
• Violate any applicable law, regulation, or industry standard
• Attempt to gain unauthorized access to our systems, other users' accounts, or other brokerages' data
• Interfere with or disrupt the integrity or performance of our Services
• Reverse engineer, decompile, or disassemble any aspect of our Services
• Use our Services for any purpose other than real estate lead qualification and management
• Resell or redistribute our Services without our written permission

We reserve the right to suspend or terminate your account for violation of these Terms.

7. Intellectual Property

Our Property

The LeadHandler platform, including its software, design, content, AI models, and documentation, is owned by LeadHandler LLC and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use our Services for the duration of your subscription.

Your Data

You retain ownership of all data you submit to our platform, including brokerage information, agent details, and lead data. You grant us a limited license to use this data solely to provide and improve our Services.

8. AI-Generated Content

Our Services use artificial intelligence to generate SMS responses to leads. While we strive for accuracy and quality:

• AI-generated messages may occasionally contain errors or inaccuracies
• AI responses do not constitute professional real estate advice
• You are responsible for reviewing AI conversations and intervening when necessary
• We do not guarantee specific outcomes from AI-generated conversations

9. Data Security and Privacy

We implement commercially reasonable security measures to protect your data, including encryption, access controls, and brokerage-level data isolation. For full details on how we collect, use, and protect your information, please review our Privacy Policy.

10. Service Availability

We strive to maintain high availability of our Services but do not guarantee uninterrupted access. We are not liable for:

• Temporary service interruptions due to maintenance, updates, or circumstances beyond our control
• Delays or failures in SMS delivery caused by carriers, Twilio, or network issues
• Third-party service outages (including Twilio, OpenAI, or Stripe)

We will make reasonable efforts to notify you of planned maintenance in advance.

11. Limitation of Liability

To the maximum extent permitted by law, LeadHandler LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or in connection with your use of our Services.

Our total liability for any claims arising from these Terms or your use of our Services shall not exceed the amount you paid to us in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless LeadHandler LLC, its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Any SMS messages sent through your account
• Any claims by leads or third parties related to messages sent on your behalf

13. Termination

We may suspend or terminate your access to our Services if:

• You violate these Terms
• Your payment is overdue for more than 7 days
• You use our Services for illegal or unauthorized purposes
• Required to do so by law

Upon termination:

• Your access to the Services will cease immediately (or at the end of the billing period, in the case of voluntary cancellation)
• Your dedicated SMS number will be released
• Your data will be retained for 30 days, then permanently deleted

14. Dispute Resolution

Any disputes arising from these Terms or your use of our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Harris County, Texas. You agree to waive your right to a jury trial and to participate in class action lawsuits.

15. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the platform. Your continued use of our Services after changes take effect constitutes acceptance of the revised Terms.

16. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

17. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and LeadHandler LLC regarding your use of our Services.