These Terms of Service (the “Terms”) constitute a legally binding agreement between you and Leadround, Inc. ("Leadround," “we," or “us"), concerning your access to and use of the Leadround community marketplace platform ("Platform").

Your access to and use of the Platform is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Platform. By accessing or using the Platform you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to use the Platform.

LEADROUND MAY REFUSE YOU ACCESS TO OR USE OF THE PLATFORM FOR YOUR NONCOMPLIANCE WITH ANY PART OF THESE TERMS.

By signing up for an account, accessing, or using the Platform in any manner, you:

(a) Acknowledge that you have read, understand, and agree to be bound by these terms and by any other terms, conditions, policies, and documents that may be incorporated herein by reference, including, without limitation, the Privacy Policy.

(b) Affirm that you are at least 18 years of age (or have reached the age of majority in the jurisdiction where you reside), and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Platform.

(c) If you are accepting these terms on behalf of a company or other organization, represent and warrant that you have the organizational and legal authority to accept these terms on such company’s or other organization’s behalf and to bind such company or organization.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Platform or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not impersonate or use in any other way a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization.

Our Platform allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material, including, but not limited to personal information of leads or clients, as well as their business activities ("Content"). You are responsible for the Content that you post on or through the Platform, including its legality, reliability, and appropriateness.

By posting Content on or through the Platform, You represent and warrant that:

(a) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and/or

(b) the Content has been obtained by you with appropriate authorization of the lead or client, with their full knowledge and consent, and

(c) that the posting of your Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Platform and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Platform. However, by posting Content using the Platform you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Platform. You agree that this license includes the right for us to make your Content available to other users of the Platform, who may also use your Content subject to these Terms.

Leadround has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through our Platform are the property of Leadround or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Content posted on our Platform may contain links to third party web sites or services that are not owned or controlled by Leadround.

Leadround has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Leadround shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Leadround is a network of peers that runs on trust. We expect and rely on all members to maintain professionalism and honesty when interacting with peers and leads. Treat others as you would like to be treated.

When referring or posting a lead, you hereby warrant and agree to maintain accuracy and currency of the information about such lead. If a lead is no longer in need of help, you are expected and agree to withdraw such lead in a timely fashion.

When referring a lead, you are expected and agree to make introductions to said lead for interested members of the Platform that have requested an introduction, in a timely fashion. If you choose to decline making an introduction to any interested member, you are expected and agree to notify the Platform and/or the member requesting introduction, in a timely fashion and provide a valid, honest reason for doing so.

When pursuing or working with a lead, you are expected and agree to make updates on the status of the lead in a timely fashion, but no less than once a week.

When a lead converts into a job for you, you are expected and agree to notify the referrer promptly using provided by the Platform means, so as to not mislead other peers engaged with the lead.

When a lead converts into a job for you, you are expected and agree to notify the referrer promptly and indicate the true final deal value.

Leads posted on the Platform are offered in exchange for a referral fee. The Platform supports and the referrer can offer the lead in exchange for two type of compensation methods:

(a) a fixed rate referral fee, expressed in the US dollar value amount, for each introduction, or

(b) a 10% commission of the final deal value.

Fixed rate referral fee is paid by the member requesting an introduction to a lead. Fixed referral fees are due in full after an introduction email has been sent to the lead, connecting the requesting member to the lead and must be paid within 24 hours after the introduction email has been sent. Failure to pay the referral fees will result in requesting member's account being suspended. Suspended accounts cannot request introductions to new leads posted on the Platform.

FIXED RATE FEES ARE DUE FOR PAYMENT INDEPENDENTLY OF THE REQUESTING MEMBER WINNING THE LEAD.

Commission based referral fee is paid by the member once the lead converts into a project and said member collects first payment from the lead. Network member must notify the Platform indicating true, final deal value of the project within 24 hours of collecting the payment from the client. Failure to pay the referral fees will result in requesting member's account being suspended. Suspended accounts cannot request introductions to new leads posted on the Platform.

The Platform will refund the fixed rate referral fee payment in full if the lead does not respond to the introduction or in any other way indicates that they are no longer in need of assistance. For avoidance of doubt, if the lead engages in any way, but decides to decline after the engagement (including, but not limited to, a scoping call via video or phone, or email/ chat exchange involving project details, timelines, budgeting, services, etc.), the Platform will consider this lead introduction as valid and true, and the referral fee for such an introduction as non-refundable.

Refunds can be requested 48 hours after the introduction has been made, if the lead did not respond. Refunds are available for up to 6 days (162 hours) since the time of introduction. The Platform will not refund referral fees if the refund has not been requested within 6 days (162 hours) of introduction.

Leadround staff maintains communication with the leads to provide project management and ensure high service standards. We will find out if a lead has been falsely reported as unresponsive or a project value has been misreported.

For all types of the referral fees, the stated amount includes the 3% Platform fee on top of the net payout to the referrer. For the commission-based fee, you are expected and agree to remit full 13% commission payment (10% referrer fee + 3% platform fee), based on final true deal value, for the referral, when prompted by the Platform.

Payouts to the referrers are handled by Stripe. You must create or connect your existing Stripe account in order to receive payouts for your referrals. You'll be prompted to create or connect your Stripe account when your first referral receives a fee payment and the refund period has passed.

Payouts to the referrers are exclusive of Stripe processing fees.

We may terminate or suspend your account and bar access to the Platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

You agree to defend, indemnify and hold harmless Leadround and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

(a) your use and access of the Platform, by you or any person using your account and password;

(b) a breach of these Terms, or

(c) Content posted on the Platform.

In no event shall Leadround, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Platform; (ii) any conduct or content of any third party on the Platform; (iii) any content obtained from the Platform; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Your use of the Platform is at your sole risk. The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. The Platform is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Leadround its subsidiaries, affiliates, and its licensors do not warrant that:

(a) the Platform will function uninterrupted, secure or available at any particular time or location;

(b) any errors or defects will be corrected;

(c) the Platform is free of viruses or other harmful components; or

(d) the results of using the Platform will meet your requirements.

These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Platform, and supersede and replace any prior agreements we might have had between us regarding the Platform.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. You are encouraged to review these Terms from time to time to stay updated on the current provisions stated therein.

By continuing to access or use our Platform after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Platform.

If you have any questions about these Terms, please contact us at support@leadround.io.