Terms of Service
Effective: May 28, 2026
These Terms of Service ("Terms") govern your use of LeadPhoenix OS, a software platform offered by LeadPhoenix LLC ("LeadPhoenix," "we," "us," or "our") that helps insurance agents manage and communicate with their leads and customers, including via SMS and email. By creating an account or otherwise using the Services, you agree to be bound by these Terms.
1. Eligibility
You must be at least 18 years old and authorized to enter into legally binding contracts to use the Services. By using the Services, you represent and warrant that you meet these requirements.
2. The Service
LeadPhoenix OS is a software platform built on top of GoHighLevel / LeadConnector infrastructure. It includes preconfigured workflows, cadences, AI assistants, dashboards, and related tools designed to help insurance agents manage and communicate with leads and customers.
We may add, remove, or modify features at any time. We may also offer beta features and modules (such as Dynamic MMS or LeadPhoenix FORGE) that may be made generally available, removed, or changed at our discretion.
3. Your Account
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use of your account.
4. Your Lead Data and TCPA Compliance
You are solely responsible for the data you upload to the Services and for ensuring that you have obtained all legal consents necessary to communicate with any phone numbers or email addresses you upload, including but not limited to consent required under the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, state-level mini-TCPA statutes, and any other applicable laws and regulations.
LeadPhoenix is a software platform. We are not a lead vendor and do not certify the consent status of any data you upload or work with through the Services.
We strongly recommend consulting qualified legal counsel for guidance on TCPA, telemarketing, and SMS compliance. Nothing in these Terms or in any other content provided by LeadPhoenix constitutes legal advice.
5. SMS and Messaging
LeadPhoenix OS may send SMS and MMS messages on your behalf to recipients you specify.
- Message and data rates may apply for recipients. Message frequency varies based on your use of the Services.
- Recipients may reply STOP at any time to opt out of further messages, or reply HELP for assistance.
- You agree not to use the Services to send unsolicited, harassing, fraudulent, deceptive, or otherwise unlawful messages.
- You acknowledge that SMS deliverability is subject to factors outside our control (mobile carriers, A2P 10DLC registration status, message content filtering, etc.) and that we do not guarantee message delivery, deliverability rates, or response rates.
6. Acceptable Use
You agree not to use the Services to:
- Violate any applicable law or regulation (including TCPA, telemarketing, and consumer-protection laws).
- Send unsolicited messages to recipients who have not consented to receive them.
- Send misleading, fraudulent, deceptive, harassing, or otherwise unlawful content.
- Attempt to interfere with, compromise, reverse-engineer, or disrupt the Services or related infrastructure.
- Scrape, extract, or attempt to copy the source code, workflows, templates, or proprietary content of the Services.
- Resell, sublicense, or otherwise make the Services available to third parties without our prior written permission.
We reserve the right to suspend or terminate accounts that violate this section, with or without notice.
7. Subscription, Billing, and Founder Rate
Pricing for the Services is published on our website. Subscriptions renew automatically on the same cadence (monthly or annual) unless cancelled before the renewal date. Setup fees, where applicable, are charged upfront and are non-refundable.
Founder rates and pricing locked in during our private beta or founder launch remain in effect for as long as the account remains active and in good standing, subject to these Terms.
8. Termination
You may cancel your subscription at any time. We may suspend or terminate your access for violation of these Terms, non-payment, or any conduct that creates legal or reputational risk to LeadPhoenix, our customers, or our infrastructure providers.
9. Third-Party Services
The Services rely on third-party infrastructure providers, including but not limited to GoHighLevel / LeadConnector, mobile carriers, telephony aggregators, email infrastructure providers, and other software vendors. We are not responsible for the availability, performance, pricing, or actions of these third parties. Your use of any third-party services through LeadPhoenix OS may be subject to those parties' own terms and privacy policies.
10. Intellectual Property
LeadPhoenix retains all rights, title, and interest in the Services, including all software, workflows, templates, content, trademarks, and proprietary methods. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, revocable license to use the Services solely for your own internal business purposes.
11. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, LEADPHOENIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT MESSAGES WILL BE DELIVERED.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, LEADPHOENIX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.
13. Indemnification
You agree to indemnify, defend, and hold harmless LeadPhoenix and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from: (a) your violation of these Terms; (b) your use of the Services; (c) your lead data and your communications to recipients; or (d) your violation of any applicable law, including TCPA and related telemarketing or consumer-protection laws.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. Any dispute arising from these Terms or the Services shall be brought exclusively in the state or federal courts located in Nassau County, New York, and you consent to the jurisdiction of those courts.
15. Changes to These Terms
We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a new effective date. Continued use of the Services after such changes constitutes your acceptance of the revised Terms.