1. Agreement
These Terms of Service (“Terms”) are a binding agreement between you and LeadNest AI (“LeadNest AI”, “we”, “us”, or “our”) governing your access to and use of the LeadNest AI software platform, website, APIs, and related services (collectively, the “Service”). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
2. Eligibility and accounts
- You must be at least 18 years old and capable of entering into a binding contract.
- You are responsible for the security of your account credentials and for all activity under your account.
- You agree to provide accurate, current, and complete information.
- You must notify us immediately of any unauthorized use or security breach.
3. Subscriptions and billing
- LeadNest AI is a paid subscription service offered in Starter, Pro, and Elite tiers. New accounts include a 14-day free trial. No credit card is required to start the trial.
- Subscription fees are billed in advance on a monthly basis unless otherwise agreed. You authorize our payment processor, Stripe, to charge your payment method at the start of each billing period.
- All fees are quoted in U.S. dollars and are exclusive of applicable taxes, which are your responsibility.
- If a payment fails, we will notify you and may attempt to retry the charge. We may suspend or downgrade your account if payment remains unpaid.
- You may cancel your subscription at any time from Settings → Billing. Cancellations take effect at the end of the current billing period and you will retain access until then.
- Unless stated in the Refund Policy, fees are non-refundable.
4. Acceptable use
You agree not to:
- Use the Service to send spam, unsolicited communications, or otherwise violate the CAN-SPAM Act, TCPA, or other messaging regulations.
- Upload or transmit content that is unlawful, fraudulent, infringing, defamatory, or harmful.
- Attempt to reverse-engineer, decompile, scrape, or interfere with the Service.
- Resell, sublicense, or share your account credentials without our written consent.
- Use the Service to build a directly competing product or to train a competing AI model.
5. Your content
You retain ownership of all lead data, photos, listings, templates, and other content you upload to the Service (“Customer Content”). By using the Service, you grant LeadNest AI a worldwide, non-exclusive, royalty-free license to host, store, process, display, and transmit Customer Content solely to provide the Service to you. We do not use your Customer Content to train public or third-party AI models.
6. AI-generated output
The Service includes features that generate text (e.g., listing descriptions, follow-up copy) and transform images (e.g., photo enhancement) using large language models and image models. AI outputs are probabilistic and may contain inaccuracies. You are solely responsible for reviewing all AI-generated content before using it publicly, including ensuring compliance with MLS rules, Fair Housing regulations, brokerage guidelines, and any applicable advertising laws.
7. Messaging and automation
If you use the Service to send SMS or email to leads and contacts, you represent that (a) you have the necessary consent from each recipient, (b) your messages comply with applicable law, and (c) you will include required opt-out mechanisms. LeadNest AI may suspend messaging features for accounts that violate these requirements.
8. Intellectual property
The Service, including software, design, branding (including “LeadNest AI”), logos, and documentation, is owned by LeadNest AI and its licensors and is protected by intellectual property laws. These Terms grant you a limited, revocable, non-exclusive license to use the Service strictly in accordance with these Terms.
9. Third-party services
The Service integrates with third parties (such as Stripe, Google, Twilio, SendGrid, AWS, and Abacus.AI). Your use of those services is governed by their own terms and privacy policies. We are not responsible for the availability or behavior of third-party services.
10. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEADNEST AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF AI OUTPUTS. LEADNEST AI DOES NOT PROVIDE LEGAL, FINANCIAL, OR REAL ESTATE ADVICE — SEE OUR DISCLAIMER FOR DETAILS.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEADNEST AI AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, OR DATA. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE FEES YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.
12. Termination
We may suspend or terminate your access to the Service if you violate these Terms or if required by law. You may stop using the Service and cancel your subscription at any time. Sections that by their nature should survive termination will survive.
13. Changes to the Service and Terms
We may modify the Service and these Terms from time to time. If we make material changes to these Terms, we will notify you by email or through an in-app notice. Continued use of the Service after changes constitutes acceptance.
14. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles. Any dispute will be resolved in the state or federal courts located in Delaware, and you consent to their exclusive jurisdiction.
15. Contact
Questions about these Terms? Email [email protected] or reach us through the contact page.