Terms of Service

1. Company Information

Legal Entity: NetSpot USA LLC
Address: 1351 SW 74 Ter, Plantation, Florida 33317, United States
Support / Legal Contact: [email protected]

2. Definitions

- Account: Your user account for accessing the Services.

- Customer / You: Any person or entity using the Services.

- End Users: Your leads, customers, contacts, subscribers, and any individuals whose data you upload or process.

- Customer Data: All information you submit to the Services, including contact records, communications, automation logic, and content.

- Usage-Based Charges: Charges based on use of specific features and/or external platform usage.

3. Eligibility and Account Registration

You must be at least 18 years old and legally able to enter a binding agreement.

If you use the Services on behalf of a company, you represent you have authority to bind that entity.

You are responsible for maintaining the confidentiality of your login credentials and all activity in your Account.

4. The Services

LeadEscalator provides business software features including (but not limited to):

- lead capture, CRM, pipelines

- automation and workflow tools

- messaging tools (SMS, email, WhatsApp API integrations)

- AI features (content generation and conversational/voice automation)

- scheduling and analytics

- reporting and performance tools

We may update, modify, or discontinue any portion of the Services at any time.

5. White-Label Platform & Third-Party Infrastructure

LeadEscalator is a white-label software platform and relies on third-party systems and providers for some or all components of the Services (including, without limitation, platform infrastructure and functionality provided by GoHighLevel (“GHL”), hosting providers such as AWS and/or Google Cloud, carriers, analytics providers, and AI providers).

You acknowledge and agree that:

- third-party services may experience outages, failures, cyber incidents, bugs, or interruptions

- functionality may change without notice due to third-party updates

- we do not control third-party systems and cannot guarantee their performance

- NetSpot USA LLC is not responsible or liable for any failures or incidents caused by third-party services

6. Acceptable Use (No Abuse / No Spam)

You agree not to use the Services to:

- send unsolicited messages (spam) or messages without legally required consent

- violate TCPA, CAN-SPAM, A2P 10DLC, WhatsApp policies, carrier policies, or any applicable marketing/communications law

- use purchased, rented, scraped, or harvested contact lists

- impersonate others, falsify sender information, or mislead recipients

- transmit malware, malicious code, or harmful content

- attempt unauthorized access, reverse engineer, scrape, or exploit the Services

Deliverability & Reputation Protection

Email, SMS, and carrier delivery are reputation-based systems. Abuse by any user can harm deliverability performance for others.

We may suspend or terminate accounts immediately if we suspect abuse, spam, unlawful messaging, or policy violations.

7. Customer Responsibilities

You are solely responsible for:

- obtaining all legally required consent and permissions (including written consent when required for SMS)

- maintaining opt-out mechanisms and honoring opt-out requests

- content, offers, claims, and marketing campaigns sent using the Services

- ensuring Customer Data is collected and processed lawfully

- maintaining your own internal backups/export of critical data

8. Subscription Plans, Billing, Payments

8.1 Billing

Subscriptions are billed in advance (monthly or annually, depending on plan).

8.2 No Refunds

All payments are final and non-refundable, including subscription fees, setup fees, credits, and Usage-Based Charges.

8.3 Failed Payments

If your payment fails, we may suspend the Services until payment is received.

9. Usage-Based Charges & Additional Paid Services

Your subscription does not include certain consumption-based or external charges.

Charges not included in the monthly fee may include (but are not limited to):

Phone System

- Making a call: $0.028/min

- Receiving a call: $0.017/min

- SMS message: $0.0166/segment

Email

- Email: $0.0014/email

- Email verification: $0.005/email verification

AI Services (Third-Party ML Providers)

LeadEscalator may use multiple ML/AI providers (for example: OpenAI/ChatGPT models, Anthropic Claude models, and others).

- Content AI: $0.18/1,000 words and $0.12/image

- Conversation & Voice AI: $0.04/message and $0.26/minute voice call

- Reviews AI: $0.02/review response

- Funnel AI: $1.98/funnel AI

- Agent Studio: $0.50/750,000 words

- External AI models (workflows): input: $1.20/750,000 words | output: $4.80/750,000 words

WhatsApp API

- Charge: $0.148/WhatsApp usage

Workflows Premium Features

- Execution: $0.02/execution

Extra Services (Additional Charges Apply)

Tailored automation, web design, custom integrations, consulting, implementation, and any other “done-for-you” services may require separate fees.

We may modify rates over time by posting updated pricing in your account, invoice, or documentation.

10. Free Trials

We are not required to offer free trials.

Free trials are commonly abused for spam or non-compliant messaging behavior, which harms platform deliverability and reputation. For this reason, trials may be limited or unavailable.

11. Intellectual Property

All rights, title, and interest in and to the Services (including software, code, branding, and design) remain owned by NetSpot USA LLC or its licensors.

You receive a limited, non-transferable, revocable license to use the Services for business purposes during your subscription.

12. Customer Data

You retain ownership of Customer Data.

You grant NetSpot a license to store, process, transmit, and use Customer Data only as needed to provide and improve the Services and to enforce security, compliance, and anti-abuse protections.

13. Security, Cyber Incidents & Unauthorized Access

We implement reasonable security practices designed to protect the Services. However:

- no platform can guarantee security

- unauthorized access, hacking, malware, vulnerabilities, phishing, credential theft, and cyber incidents may occur

- third-party providers may be compromised outside of our control

You are responsible for:

- protecting your Account credentials

- enabling security features available to you (including strong passwords and multi-factor authentication where offered)

- monitoring your account activity

NetSpot USA LLC shall not be liable for unauthorized access, hacking, data theft, fraud, or security incidents, including any resulting losses or damages.

14. Data Loss, Backups, and Business Continuity

You acknowledge that data may be lost, deleted, corrupted, or become unavailable due to:

- system updates, bugs, third-party failures, cyber incidents, or unforeseen events

- user actions or misconfiguration

- suspension/termination for policy violations

You are solely responsible for maintaining backups/exports of Customer Data and for business continuity planning.

NetSpot USA LLC shall not be liable for any data loss or inability to recover data.

15. Termination and Suspension

We may suspend or terminate access if:

- you violate these Terms

- you engage in spam, abuse, unlawful messaging, or harmful conduct

- payment fails

- your use creates compliance, reputation, or legal risk

Termination may be immediate and without notice.

All fees remain due and are non-refundable.

16. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE:

- availability or uninterrupted service

- deliverability/inbox placement

- carrier acceptance

- business results, revenue, profit, or conversions

- AI output accuracy, compliance, or suitability

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

17.1 NETSPOT USA LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR:

- lost profits

- lost revenue

- lost data

- loss of business opportunities

- business interruption

- reputational harm

- missed leads or missed appointments

- fraud, theft, hacking, ransomware, phishing, or unauthorized transactions

- costs of substitute services

17.2 IN ALL CASES, THE TOTAL LIABILITY OF NETSPOT USA LLC FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED $100 USD.

This limitation applies regardless of the legal theory of liability (contract, tort, negligence, strict liability, etc.).

18. Indemnification

You agree to indemnify, defend, and hold harmless NetSpot USA LLC from any claims, damages, losses, and expenses (including attorney fees) arising from:

- your use of the Services

- your marketing campaigns and messaging practices

- your violation of laws (TCPA, CAN-SPAM, GDPR, A2P 10DLC, WhatsApp policy, etc.)

- content you send through the platform

- your failure to obtain consent

19. Force Majeure

We are not liable for delays or failures due to events beyond our reasonable control, including cyber incidents, outages, carrier failures, third-party infrastructure failure, natural disasters, governmental actions, labor disputes, or internet disruptions.

20. Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to conflicts rules.

All disputes shall be brought exclusively in courts located in Florida, and you consent to jurisdiction there.

21. Changes to These Terms

We may update these Terms from time to time. Continued use after changes means you accept the updated Terms.

22. Contact

Questions about these Terms:
[email protected]