Terms of Service
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LeadMax Terms of Service

Last Updated: June 15, 2026

These Terms of Service (the "Terms" or "Agreement") govern your access to and use of the LeadMax sales-intelligence platform, websites, mobile applications, and related services (collectively, the "Service"), provided by LeadMax LLC, a Maryland limited liability company ("LeadMax," "we," "us," or "our").

BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE ACCEPTING ON BEHALF OF A BUSINESS OR OTHER ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY, AND "YOU" AND "CUSTOMER" REFER TO THAT ENTITY. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICE.

1. Definitions

2. The Service

The Service is a cloud-based sales-intelligence platform that allows Customer and its Users to record, transcribe, and analyze sales conversations, and to receive AI-generated coaching, scoring, and follow-up suggestions. The Service is provided for Customer's internal business use only. We may add, modify, or discontinue features at any time.

3. Accounts and Eligibility

3.1 You must be at least 18 years old to use the Service. By using the Service, you represent that you meet this requirement.

3.2 Customer is responsible for all activity that occurs under its account and under each of its Users' credentials, and for ensuring its Users comply with this Agreement. Customer must keep account credentials confidential and notify us promptly of any unauthorized use.

3.3 Customer is solely responsible for its relationship with its Users and for compliance with all laws applicable to its workforce.

4. Recording Consent and Legal Compliance — Customer Responsibility

This Section is essential. Read it carefully.

4.1 Recording laws vary by jurisdiction. Some states and localities require the consent of all parties to a conversation before it may be recorded; others require only one party's consent. Customer is solely and fully responsible for determining, and complying with, all laws applicable to the recording, transcription, storage, and analysis of conversations in every jurisdiction in which Customer and its Users operate — including, without limitation, all federal, state, and local wiretapping, eavesdropping, two-party/all-party consent, and privacy laws.

4.2 Before any conversation is recorded through the Service, Customer is responsible for obtaining all consents legally required from every party to that conversation, including its own Users and any third parties such as homeowners, prospects, or customers.

4.3 The Service may include features intended to help Customer's Users obtain or document consent (such as in-app consent prompts or confirmation steps). These features are provided as tools only. They do not constitute legal advice, do not guarantee compliance with any law, and do not relieve Customer of its obligations under this Section. Customer remains solely responsible for the lawfulness of every recording made through the Service.

4.4 Customer represents and warrants that it has obtained, and will maintain, all rights and consents necessary to submit Content to the Service and to authorize the processing, transcription, storage, analysis, and display of that Content as contemplated by this Agreement.

4.5 Customer's indemnification obligations in Section 16 apply specifically and fully to any claim arising out of recording, consent, wiretapping, eavesdropping, or privacy.

5. AI-Generated Output

5.1 The Output is generated by automated systems, including third-party artificial-intelligence models. Output may be inaccurate, incomplete, or unsuitable for a particular situation. It is provided for informational and coaching purposes only.

5.2 The Output does not constitute legal, financial, professional, or employment advice, and is not a substitute for independent human judgment. Customer and its Users are responsible for independently reviewing and verifying any Output before relying on or acting upon it.

5.3 Except for the express Performance Guarantee in Section 6, LeadMax does not warrant or guarantee that use of the Service or the Output will produce any particular result, including any increase in sales, close rate, revenue, or performance.

6. Performance Guarantee

6.1 The Guarantee. If, during the first ninety (90) days following the start of Customer's first paid subscription (the "Guarantee Period"), Customer's enrolled sales representatives do not achieve, on average, at least one (1) additional closed deal per enrolled representative above the Baseline (defined below), Customer may cancel the Service and request a refund of the subscription fees Customer paid for the Guarantee Period, as Customer's sole and exclusive remedy under this guarantee.

6.2 Baseline. "Baseline" means the average number of closed deals per enrolled representative over the ninety (90) days immediately preceding the start of Customer's first paid subscription, as documented and confirmed by Customer in writing at signup. If such historical figures are not reasonably available, the Baseline will be the figure the parties agree to in writing at signup.

6.3 Eligibility Conditions. The Performance Guarantee applies only if, during the Guarantee Period: (a) Customer completed onboarding and business configuration; (b) each enrolled representative recorded and processed at least twenty (20) appointments through the Service; and (c) Customer's account remained in good standing (fees paid, no breach of this Agreement).

6.4 Scope of Refund. A refund under this Section covers only the recurring subscription fees actually paid for the Guarantee Period. It does not cover any setup fees, usage overages, taxes, or third-party pass-through costs.

6.5 How to Claim. To claim the guarantee, Customer must submit a written request to Hello@leadmaxapp.com within fifteen (15) days after the end of the Guarantee Period. We may request reasonable documentation to verify eligibility.

7. Use of Output for Employment Decisions

7.1 The Service may produce scores, rankings, leaderboards, and other evaluative Output regarding individual Users.

7.2 Customer is solely responsible for any decision it makes regarding its Users, including hiring, discipline, compensation, and termination. Output must not be used as the sole basis for any adverse employment action. Customer is solely responsible for ensuring that its use of the Service and Output complies with all applicable employment, labor, anti-discrimination, and privacy laws. LeadMax is not Customer's employer or agent and bears no responsibility for Customer's employment decisions.

8. Acceptable Use

Customer will not, and will ensure its Users do not: (a) use the Service for any unlawful, infringing, harassing, or abusive purpose; (b) submit Content that Customer does not have the rights or consents to submit; (c) resell, sublicense, rent, or otherwise make the Service available to any third party, or use it for the benefit of anyone other than Customer; (d) reverse engineer, decompile, disassemble, or attempt to derive the source code, models, prompts, or underlying structure of the Service, or attempt to extract or replicate its configuration or analysis logic; (e) interfere with or disrupt the integrity or performance of the Service, or attempt to gain unauthorized access to it or its related systems; or (f) use the Service to build or benchmark a competing product.

9. Customer Data, Privacy, and Subprocessors

9.1 As between the parties, Customer owns its Content. Customer grants LeadMax a non-exclusive, worldwide license to host, process, transmit, transcribe, analyze, and display the Content as necessary to provide and improve the Service.

9.2 To deliver the Service, LeadMax uses third-party Subprocessors, which may include providers of transcription, artificial-intelligence analysis, cloud hosting, and storage. By using the Service, Customer authorizes LeadMax to share Content with such Subprocessors solely to provide the Service. LeadMax will use commercially reasonable efforts to engage Subprocessors that maintain appropriate safeguards. A current description of how Customer data is handled is available in our Privacy Policy at https://leadmaxapp.com/privacy.

9.3 Where a recorded conversation involves an individual who is not a User (such as a homeowner or prospect), Customer is responsible for that individual's data-subject relationship, including providing any legally required notices and responding to any access, correction, or deletion requests. LeadMax provides tools within the Service that allow Customer to delete or anonymize recordings and associated data.

9.4 LeadMax will maintain commercially reasonable physical, technical, and administrative safeguards designed to protect Content against unauthorized access, and will notify Customer without undue delay if it becomes aware of a breach of security affecting Customer's Content.

10. Aggregated and De-Identified Data

LeadMax may collect and use aggregated and de-identified data derived from use of the Service to operate, analyze, improve, and develop the Service and its underlying models and benchmarks. Such data will be aggregated and de-identified so that it does not identify Customer, any User, or any individual. LeadMax's rights under this Section survive termination of this Agreement.

11. Fees, Subscriptions, Trials, Renewal, and Cancellation

11.1 Fees. Customer will pay the fees for the subscription plan presented at the time of purchase. Except as expressly stated in this Agreement (including the Performance Guarantee in Section 6), fees are non-refundable. Fees are exclusive of taxes, which Customer is responsible for paying.

11.2 Free Trial. If the Service is offered on a free or trial basis, the trial is provided "as is," may be limited (for example, by recorded hours or features), and may be modified or terminated at any time. At the end of a trial, the account may convert to a paid subscription as described at signup, or access may be suspended.

11.3 Automatic Renewal. Subscriptions automatically renew for successive periods of the same length unless cancelled before the end of the then-current period. Customer authorizes LeadMax (or its payment processor) to charge the applicable renewal fee to Customer's payment method on file.

11.4 Cancellation. Customer may cancel its subscription at any time by contacting us at Hello@leadmaxapp.com. Cancellation takes effect at the end of the then-current billing period; Customer retains access until then. Except as provided in Section 6, cancellation does not entitle Customer to a refund of fees already paid.

12. Intellectual Property; Feedback

12.1 The Service, and all software, content, and materials within it (excluding Customer's Content), are owned by LeadMax and protected by intellectual-property laws. No rights are granted except as expressly set out in this Agreement.

12.2 If Customer or its Users provide feedback or suggestions about the Service, LeadMax may use them without restriction or obligation.

13. Confidentiality

Each party may receive confidential information of the other. The receiving party will protect such information using reasonable care, use it only as permitted under this Agreement, and not disclose it except to personnel or contractors who need it and are bound by similar obligations, or as required by law. Customer's Content is Customer's confidential information.

14. Warranties; Disclaimer

14.1 Each party represents that it has the authority to enter into this Agreement.

14.2 EXCEPT FOR THE EXPRESS COMMITMENTS STATED IN THIS AGREEMENT (INCLUDING THE PERFORMANCE GUARANTEE IN SECTION 6), THE SERVICE AND OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND LEADMAX DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LEADMAX DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT OUTPUT WILL BE ACCURATE, OR THAT USE OF THE SERVICE WILL PRODUCE ANY PARTICULAR RESULT. LeadMax will use commercially reasonable efforts to keep the Service available but does not guarantee any specific level of uptime.

15. Limitation of Liability

15.1 TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 TO THE FULLEST EXTENT PERMITTED BY LAW, LEADMAX'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE WILL NOT EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO LEADMAX DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

16. Indemnification

16.1 By Customer. Customer will defend, indemnify, and hold harmless LeadMax and its officers, employees, and agents from and against any third-party claims, and any resulting losses, liabilities, damages, costs, and reasonable attorneys' fees, arising out of or relating to: (a) Customer's or its Users' Content; (b) Customer's or its Users' use of the Service in violation of this Agreement or applicable law; (c) any recording, consent, wiretapping, eavesdropping, or privacy matter under Section 4; (d) any employment decision or action by Customer, including those informed by Output, under Section 7; and (e) any claim by a homeowner, prospect, or other non-User individual relating to Content or recordings.

16.2 By LeadMax. LeadMax will defend Customer against any third-party claim alleging that the Service, when used as permitted, infringes that third party's intellectual-property rights, and will indemnify Customer for resulting losses finally awarded or settled. This does not apply to claims arising from Content or from Customer's misuse of the Service. LeadMax may, at its option, modify or replace the affected part of the Service, procure the right to continue using it, or terminate the affected subscription and refund any prepaid, unused fees.

16.3 The indemnified party will promptly notify the indemnifying party of the claim, allow the indemnifying party to control the defense, and reasonably cooperate. No settlement that imposes obligations on the indemnified party may be made without its consent.

17. Term; Termination

17.1 This Agreement applies for as long as Customer uses the Service or maintains an account.

17.2 Either party may terminate this Agreement if the other materially breaches it and fails to cure the breach within 30 days after written notice. LeadMax may suspend or terminate access immediately for non-payment or for use that poses a security, legal, or operational risk.

17.3 Upon termination, Customer's right to use the Service ends. Upon written request made within 30 days after termination, LeadMax will make Customer's recordings available for export. After that period, LeadMax may delete Customer's Content. Sections that by their nature should survive termination (including accrued payment obligations, confidentiality, disclaimers, limitations of liability, indemnification, and Sections 10 and 12) will survive.

18. Governing Law; Venue

This Agreement is governed by the laws of the State of Maryland, without regard to its conflict-of-laws rules. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Anne Arundel County, Maryland.

19. Changes to These Terms

LeadMax may update these Terms from time to time. If we make material changes, we will provide notice (for example, by posting an updated "Last Updated" date and/or requiring renewed acceptance within the Service). Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

20. Mobile Application and App Stores

If Customer accesses the Service through a mobile application obtained from a third-party app store, Customer's use is also subject to that app store's applicable terms, and Customer is responsible for complying with them.

21. General

21.1 Entire Agreement. This Agreement, together with any referenced policies, is the entire agreement between the parties regarding the Service and supersedes prior agreements on the subject. No oral or written statements about future functionality are binding.

21.2 Assignment. Customer may not assign this Agreement without LeadMax's consent, except to a successor of all or substantially all of its business. LeadMax may assign this Agreement.

21.3 Severability; Waiver. If any provision is held unenforceable, the remaining provisions remain in effect. A party's failure to enforce a provision is not a waiver.

21.4 Force Majeure. Neither party is liable for failures caused by events beyond its reasonable control.

21.5 Independent Contractors. The parties are independent contractors; this Agreement creates no partnership, agency, or employment relationship.

22. Contact

Questions about these Terms may be sent to Hello@leadmaxapp.com, LeadMax LLC, 653 Colston Ln Pasadena MD 21122.