Phoenix Leads

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Terms of Service

Phoenix Leads LLC Terms of Service

Introduction

Welcome to Phoenix Leads. By registering for an account, accessing our website (phoenixleads.co), or using any part of our services, including Phoenix Leads AI (collectively, the “Services”), you agree to be bound by these terms and conditions (“Terms”). These Terms apply to all visitors, users, and others who access or use our Services. Phoenix Leads reserves the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice.

  1. Subscription Services
  • Payment Terms: 
    • EMBER – cold lead reactivation AI agent software
      • You agree to immediately submit payment to Phoenix Leads after Phoenix Leads specific software, EMBER, schedules a lead with your company’s sales team and your sales team converts the lead to a client.
      • Phoenix Leads clients that sign up for EMBER are not subject to a subscription fee.
      • There is no setup fee associated with the EMBER software product.
    • LENA – multi-channel lead engagement AI agent software
      • Billing for LENA software includes a one-time initial setup fee and is then billed as a subscription service which is billed on a month-to-month basis, unless otherwise specified in a separate agreement or service plan. Payment is required in advance of the service period. All prices are exclusive of applicable taxes (e.g., GST), which will be added to the invoice where applicable. You are responsible for paying all such taxes.
    • ABRE – automated online reputation enhancement AI agent software
      •  Billing for ABRE software includes a one-time initial setup fee and is then billed as a subscription service which is billed on a month-to-month basis, unless otherwise specified in a separate agreement or service plan. Payment is required in advance of the service period. All prices are exclusive of applicable taxes (e.g., GST), which will be added to the invoice where applicable. You are responsible for paying all such taxes.
  • Service Levels and Features: The features and usage limits available to you will depend on the specific subscription tier you have selected, as detailed on our website or in a separate agreement.
  • Fair Use Policy: While some subscription plans may offer unlimited features, all use of the Services is subject to a fair use policy. Phoenix Leads reserves the right to monitor usage and may impose restrictions if we determine that your usage is excessive or unreasonable compared to typical usage patterns, potentially impacting other users or our infrastructure.
  • Automatic Renewal: Your subscription will automatically renew for the same period as your initial subscription term unless you cancel it in accordance with our cancellation policy.
  • Cancellation Policy: Subscriptions can be canceled with written notice via email to customerservice@phoenixleads.co at any time. For software services under a fixed-term contract at the time of cancellation, you may be liable for the remaining balance of the contract.
  • Renewal and Cancellation: To avoid additional charges, cancellation requests must be submitted at least 5 days before the subscription renewal date. Requests made less than 5 days before renewal will result in billing for the final month, with cancellation effective the following month.
  • Price Changes: Phoenix Leads reserves the right to change subscription fees at any time upon thirty (30) days’ written notice to you (via email or website notification). Continued use of the Services after the price change becomes effective constitutes your agreement to pay the revised fee.
  1. Done With You Services
  • Service Agreements/Statements of Work (SOWs): These services, such as lead reactivation campaigns, require collaboration with our team and are typically governed by separate Service Agreements or Statements of Work (SOWs) that detail the specific deliverables, timelines, responsibilities of both parties, and acceptance criteria. These SOWs will reference these Terms.
  • Payment Terms: Payment is required upfront for the agreed service period, as outlined in the applicable SOW. Payment schedules for longer projects may be specified in the SOW. All prices are exclusive of applicable taxes.
  • Refund Policy: Refunds are not available for services that have commenced or been completed, as these are based on the commitment of our team’s time and resources.
  • Change Requests: Any changes to the scope, deliverables, or timelines outlined in an SOW must be formally requested in writing and may be subject to additional fees and adjustments to the project timeline, as agreed upon in a written amendment to the SOW.
  1. Custom Builds
  • Detailed Specifications: Custom software development or feature builds will be based on mutually agreed-upon, detailed project specifications.
  • Deposit and Payment: A deposit of 50% of the total project cost is required to commence work, with the remaining balance due upon project delivery and acceptance, as defined in the project specifications. Payment schedules for larger projects may be agreed upon separately. All prices are exclusive of applicable taxes.
  • Intellectual Property in Custom Builds: Unless otherwise explicitly agreed in a written agreement, Phoenix Leads retains ownership of its underlying code, methodologies, and general development tools used in custom builds. Upon full payment, the client will typically own the specific deliverables developed for them. The specifics of IP ownership will be clearly outlined in the project agreement.
  • Acceptance Testing: The client will have a reasonable period, as defined in the project agreement, to conduct acceptance testing based on the agreed-upon specifications. Written notification of acceptance or rejection (with specific reasons for rejection) is required.
  • Warranty for Custom Builds: Phoenix Leads may provide a limited warranty for a specified period after acceptance, covering material defects in the custom build that are reproducible and not caused by misuse or modifications by the client. The specifics of any warranty will be outlined in the project agreement.
  1. Intellectual Property Rights
  • Ownership: All content and services on our website and within our platform, including software, code, designs, logos, trademarks, and text, are owned by Phoenix Leads or its licensors and are protected by copyright, trademark, and other intellectual property laws.
  • Grant of Limited License to Users: Phoenix Leads grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes, subject to these Terms and the terms of your subscription plan.
  • Restrictions on Use: You agree not to:
    • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software provided as part of the Services, except to the extent expressly permitted by applicable law.
    • Modify, adapt, translate, or create derivative works based on the Services or any part thereof.
    • Distribute, sublicense, lease, rent, loan, or otherwise transfer access to the Services to any third party.
    • Use the Services in any way that violates any applicable law, regulation, or third-party rights.
    • Use the Services to develop a competing product or service.
    • Remove, obscure, or alter any copyright notices, trademarks, or other proprietary rights notices displayed on or within the Services.
  • Ownership of User Data: You retain ownership of the data you input into the Phoenix Leads platform (“User Data”). By using the Services, you grant Phoenix Leads a non-exclusive, worldwide, royalty-free license to access, process, store, and transmit your User Data solely for the purpose of providing the Services to you and as otherwise set forth in our Privacy Policy.
  1. User Responsibilities
  • Account Security: You are responsible for maintaining the confidentiality and security of your account credentials (usernames and passwords) and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
  • Data Accuracy: You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all User Data you input into the platform.
  • Compliance with Laws: You must comply with all applicable local, state, national, and international laws and regulations in your use of the Services, including but not limited to laws related to data privacy, spamming, intellectual property, and export control.
  • Prohibited Conduct: You agree not to use the Services to:
    • Engage in any illegal, fraudulent, defamatory, libelous, harassing, abusive, threatening, or otherwise objectionable activities.
    • Infringe upon or violate the intellectual property rights or any other rights of any third party.
    • Transmit any viruses, worms, malware, or other malicious software.
    • Interfere with or disrupt the integrity or performance of the Services or the networks connected thereto.
    • Attempt to gain unauthorized access to any part of the Services or any other user’s accounts or data.
  • Compliance with Export Laws: If you access or use the Services from outside of the United States of America, you are responsible for complying with all applicable export and import control laws of The United States of America and your local jurisdiction.
  1. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHOENIX LEADS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, AND UNINTERRUPTED OR ERROR-FREE OPERATION. PHOENIX LEADS LLC DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT THE USE OF THE SERVICES WILL ACHIEVE ANY SPECIFIC SALES RESULTS. ANY RELIANCE ON THE SERVICES IS AT YOUR SOLE RISK.

  1. Client Responsibilities and Content Compliance (Marketing Communications)

Clients of Phoenix Leads are solely responsible for the content of the marketing communications sent out on their behalf to their prospects, leads, and clients using our Services and software products. This includes ensuring that all content complies with applicable laws and regulations, including those enforced by relevant data protection and privacy legislation in the United States of America. Phoenix Leads is not obligated to monitor or review the content created or sent by clients. Clients are encouraged to report any content they believe violates these Terms or applicable laws. Phoenix Leads reserves the right to suspend or terminate a client’s account if it becomes aware of content that violates these Terms or applicable laws, without notice and without liability for refunds.

  1. Liability for Content-Related Issues

It is the client’s responsibility to address and resolve any complaints or legal issues arising from the content of their marketing communications. This includes, but is not limited to, complaints made to all relevant authorities in the recipients’ jurisdiction regarding unsolicited communications, content appropriateness, or any other breach of regulatory requirements.

  1. Refund Policy in the Context of Content Complaints

Complaints or legal issues related to the content of marketing communications facilitated by our Services or software do not constitute a deficiency in the provision of our Services or the functionality of our software products. As such, these issues do not entitle the client to a refund under our Refund Policy.

  1. Clients are encouraged to review their marketing content carefully
  2. Indemnification

You agree to indemnify, defend, and hold harmless Phoenix Leads LLC, its directors, officers, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable legal and accounting fees), arising out of or in any way connected with:

  • Your access to or use of the Services.
  • Your User Data.
  • Your violation of these Terms.
  • Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right.
  • Any claims arising from the content of your marketing communications or your failure to comply with applicable laws and regulations related thereto.
  • Your negligence or willful misconduct.

You agree to cooperate fully in the defense of any such claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PHOENIX LEADS LLC (NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF PHOENIX LEADS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF PHOENIX LEADS LLC TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO PHOENIX LEADS LLC FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  1. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming in the United States of America (USA), without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the courts of Wyoming, USA, and you hereby irrevocably submit to the personal jurisdiction of such courts.

  1. Changes to the Terms

We reserve the right, in our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days’ notice prior to any new terms taking effect, by posting the updated Terms on our website or by sending you an email notification. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms. It is your responsibility to review these Terms periodically for any changes.

  1. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect, and the invalid or unenforceable provision will be deemed to be replaced by a valid and enforceable provision that most closely approximates the intent of the original provision.

  1. Entire Agreement

These Terms, together with our Privacy Policy, and any applicable Service Agreements or Statements of Work, constitute the entire agreement between you and Phoenix Leads concerning the Services and supersede all prior and contemporaneous communications, agreements, representations, and warranties, both oral and written, with respect to the Services.

  1. Termination
  • Termination by You: You may terminate your subscription in accordance with the cancellation policy outlined in Section 1.
  • Termination by Phoenix Leads: We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
  • Consequences of Termination: Upon termination, your right to use the Services will immediately cease. If your account is terminated due to your breach, you will not be entitled to any refunds. Upon termination, Phoenix Leads may delete your User Data in accordance with our data retention policies.
  1. Support

Phoenix Leads will provide reasonable technical support for the Services as outlined in your subscription plan or a separate support agreement. Support will be provided via direct communication via email at customerservice@phoenixleads.co or our Contact Us webpage. We do not guarantee any specific response time for support inquiries.

  1. Beta Features

From time to time, we may offer access to beta or experimental features of the Services (“Beta Features”). These Beta Features are provided “AS IS” and “AS AVAILABLE” without any warranties of any kind. Phoenix Leads may discontinue or modify Beta Features at any time without notice. Your use of Beta Features is entirely at your own risk.

  1. SMS or Text Marketing Communication

By signing up via text, you agree to receive recurring automated marketing messages, including but not limited to, appointment reminders, at the phone number provided. Consent is not a condition of purchase. Reply STOP to unsubscribe. Message frequency varies. Msg & data rates may apply. Your Privacy is our priority. Your information will not be shared.

  1. Contact Us

For any questions about these Terms, please contact us at:

Phoenix Leads

7 Whittier Pl Ste 108 PMB 

Boston, MA 02114

Email: info@phoenixleads.co

Effective Date: February 27, 2025 (Updated: May 20, 2025)