1. Acceptance of Terms
These Terms of Service (the “Terms”) form a binding legal agreement between you (“you,” “your,” or “User”) and EZ Leads LLC, an Arizona limited liability company with a principal place of business at 8688 E Raintree Dr, Scottsdale, AZ 85246 (“EZ Leads,” “we,” “us,” or “our”). By creating an account, accessing, or using the EZ Leads platform, services, websites, APIs, or related products (collectively, the “Service”), you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, do not use the Service.
If you are accessing the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and “you” refers to both you individually and to that organization.
2. Eligibility
You must be at least 18 years old and capable of forming a binding contract to use the Service. You must use the Service only for lawful purposes related to your insurance, sales, marketing, or lead-management business. The Service is intended for use within the United States; you may not use the Service from, or to send communications to recipients in, jurisdictions where such use would violate applicable law.
3. Account Registration and Security
You must provide accurate, current, and complete information when creating your account and keep that information updated. You are responsible for all activity that occurs under your account, including activity by anyone you authorize to access your account. You must safeguard your account credentials and notify us promptly of any unauthorized access. We are not liable for losses arising from unauthorized use of your account.
4. Subscription, Fees, and Payment
The Service is offered on a subscription basis. Pricing, billing cycles, and payment terms are presented at the time of purchase or in your account settings. You authorize us to charge your designated payment method on a recurring basis until you cancel.
Subscription fees are non-refundable except as required by law or expressly stated by us. We may change pricing prospectively upon reasonable notice. If you do not agree to a price change, your sole remedy is to cancel your subscription before the change takes effect.
Failure to pay may result in suspension or termination of your account. You remain responsible for fees accrued before suspension or termination.
5. Nature of the Service and Platform Relationship
EZ Leads provides software, infrastructure, and tools that enable Users to manage leads, send SMS messages, conduct voice calls, run advertising campaigns, and perform related sales and marketing activities. EZ Leads is a technology platform and infrastructure provider. EZ Leads is not a party to any communication you send and is not responsible for the content or recipients of communications you originate through the Service.
You operate your own business using the Service. Recipients of communications you send through the Service are your contacts, not ours. You bear sole responsibility for compliance with all laws governing your business activities and communications, including but not limited to the matters described in Section 6.
6. User Compliance Obligations and Representations
You represent, warrant, and agree to the following on a continuing basis throughout your use of the Service:
6.1 Telephone Consumer Protection Act (TCPA) and Related Law. You will comply with the Telephone Consumer Protection Act (47 U.S.C. § 227), the Federal Communications Commission's implementing regulations including the 2024 one-to-one consent rule, the Telemarketing Sales Rule (16 C.F.R. § 310), all state-law analogs and supplements, and all other federal, state, and local laws governing telephone, SMS, voice, and electronic communications.
6.2 Prior Express Written Consent. Before uploading, importing, or otherwise introducing any lead into the Service, you will obtain and maintain in your own records valid prior express written consent from that lead, satisfying all current legal requirements, authorizing you (identified by your specific business name) to contact that lead via SMS, voice calls, and any other channels through which you intend to communicate. You acknowledge that consent obtained for one business does not transfer to another business and that broad or generic consent language may not satisfy current legal requirements.
6.3 Per-Upload Attestation. Each time you upload, import, or add leads to the Service, you will be required to affirmatively attest that the leads in that upload have provided the consent described in Section 6.2. By submitting an upload, you certify under penalty of perjury that your attestation is true and accurate as to every lead in that upload. EZ Leads relies on your attestation and records each attestation event for audit and compliance purposes.
6.4 Do Not Call Compliance. You bear sole responsibility for compliance with the National Do Not Call Registry, state do-not-call registries, internal do-not-call lists, wireless number protections, calling-time restrictions, and all other do-not-call requirements applicable to your communications. EZ Leads does not, by default, scrub uploaded leads against any do-not-call database. If you require do-not-call scrubbing, you must obtain it from a third-party provider or use an integration we may offer separately; even where EZ Leads offers a do-not-call integration as an optional feature, that feature does not transfer compliance responsibility from you to EZ Leads.
6.5 Recording and Call Disclosure. If you record calls using the Service, you will comply with all federal and state recording-consent laws, including all-party-consent (“two-party”) laws in states that require them. You will not disable, modify, suppress, or circumvent any recording-disclosure announcement the Service plays.
6.6 Content and Use Restrictions. You will not use the Service to send communications that are unlawful, fraudulent, deceptive, defamatory, harassing, threatening, obscene, sexually explicit, or in violation of any third party's rights. You will not use the Service in connection with content or industries prohibited by our communications providers (including Twilio's Acceptable Use Policy and A2P 10DLC content policies), including but not limited to cannabis or related products, illegal substances, sex work, hate speech, high-risk financial schemes, and other categories from time to time identified by our providers.
6.7 Data Accuracy. You represent that all data you provide to the Service, including lead contact information, is accurate to the best of your knowledge and was obtained lawfully.
6.8 No Circumvention. You will not attempt to evade or circumvent rate limits, anti-abuse measures, carrier filtering, or any safety controls implemented by EZ Leads or our providers.
7. Lead Data and Ownership
You retain ownership of the lead data and contact records you upload to the Service (“Your Data”). You grant EZ Leads a worldwide, non-exclusive, royalty-free license to host, store, transmit, process, display, and use Your Data solely to provide the Service to you, to maintain and improve the Service in an aggregated and de-identified manner, to comply with law, and to enforce these Terms.
EZ Leads does not sell Your Data. EZ Leads does not market to your leads on its own behalf. We do not provide Your Data to other Users of the Service.
You acknowledge that providing Your Data to EZ Leads is necessary for the Service to function. You are responsible for any obligations you owe to your leads regarding the storage, processing, or transmission of their information, including any disclosures required by applicable privacy law.
8. Communications Services
The Service uses third-party communications providers (currently including Twilio) to deliver SMS messages and voice calls. Your use of these communications features is also subject to those providers' terms and acceptable use policies. EZ Leads does not guarantee the deliverability, timing, or reception of any communication, and is not liable for carrier filtering, blocking, throttling, or delays.
Communications you send through the Service may be subject to A2P 10DLC registration, brand vetting, campaign approval, and other carrier-imposed requirements. You agree to provide accurate information necessary for such registrations and to comply with the resulting carrier policies.
9. Indemnification
You will indemnify, defend, and hold harmless EZ Leads, its affiliates, and their respective officers, directors, employees, agents, members, and successors (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, settlements, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees and litigation costs) arising out of or relating to:
(a) any breach by you of these Terms, including any inaccuracy in any representation, warranty, attestation, or certification you make under these Terms;
(b) your violation of any law, regulation, or third-party right, including any violation of the TCPA, FCC rules, do-not-call laws, recording-consent laws, or any state-law analog;
(c) any claim brought by a recipient of a communication you sent or caused to be sent through the Service, including claims that the recipient did not consent to receive such communication;
(d) Your Data, including any claim that Your Data was obtained, used, or transmitted in violation of any law or third-party right; and
(e) your use of, or any other person's use of, your account or the Service through your account.
EZ Leads may, at its option, control the defense of any claim subject to indemnification, and you will cooperate fully in such defense. You will not settle any claim that imposes any obligation or admission of liability on EZ Leads without our prior written consent.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. EZ LEADS DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
EZ LEADS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EZ LEADS DOES NOT WARRANT THAT COMMUNICATIONS SENT THROUGH THE SERVICE WILL BE DELIVERED, RECEIVED, OR FREE FROM CARRIER INTERFERENCE. EZ LEADS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE SERVICE.
EZ LEADS DOES NOT PROVIDE LEGAL ADVICE. Any compliance-related features, guides, suggested message templates, or other materials provided through the Service are for informational purposes only. You are responsible for consulting your own legal counsel regarding compliance with applicable law.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EZ LEADS AND THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF EZ LEADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH CLAIM IS BASED.
EZ LEADS' TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO EZ LEADS DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
These limitations apply to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, our liability is limited to the maximum extent permitted by law.
12. Termination
You may cancel your account at any time through the account settings or by contacting us. EZ Leads may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including without limitation any actual or suspected violation of these Terms, non-payment, harm to the Service or its users, or as required by law or by our communications providers.
Upon termination, your right to access the Service ceases immediately. EZ Leads may delete Your Data after a reasonable period following termination; you are responsible for exporting any data you wish to retain before termination. Sections that by their nature should survive termination (including Sections 6, 9, 10, 11, 13, 14, and 15) will survive.
13. Dispute Resolution; Arbitration; Class Action Waiver
Please read this Section 13 carefully. It affects your legal rights.
13.1 Informal Resolution. Before initiating any formal proceeding, you and EZ Leads will attempt to resolve any dispute informally by sending a written notice to the other party describing the dispute and a proposed resolution. The parties will negotiate in good faith for at least 30 days following such notice.
13.2 Binding Arbitration. If the dispute is not resolved within 30 days, you and EZ Leads agree that all disputes arising out of or relating to these Terms or the Service will be resolved through final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration will be conducted in Maricopa County, Arizona, or by videoconference at the arbitrator's discretion. The arbitrator's award will be final and may be entered as a judgment in any court of competent jurisdiction.
13.3 Class Action Waiver. You and EZ Leads agree that any claim will be brought in the parties' individual capacities only, and not as a plaintiff or class member in any purported class, collective, representative, or consolidated proceeding. The arbitrator may not consolidate claims of multiple parties or preside over any form of representative or class proceeding.
13.4 Exceptions. Either party may bring an individual action in small-claims court, and either party may seek injunctive or other equitable relief in court to protect intellectual-property rights pending resolution of the underlying dispute through arbitration.
13.5 Opt-Out. You may opt out of the arbitration provisions in this Section 13 by sending written notice of your decision to opt out to legal@myezleads.com within 30 days of first accepting these Terms. If you opt out, neither you nor EZ Leads may compel arbitration of disputes between us.
14. Governing Law; Venue
These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws principles. Subject to Section 13, any judicial proceeding arising out of or relating to these Terms must be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to the personal jurisdiction of those courts.
15. SMS Notifications Program
Program Name: EZ Leads SMS Account Notifications
Description:EZ Leads sends transactional SMS account notifications to registered EZ Leads Users who opt in to receive text alerts within their account settings. These messages may notify Users when a new lead is delivered or assigned, when their account requires attention, when carrier-vetting or compliance status changes, or other transactional matters relating to the User's use of the Service.
Message Frequency: Message frequency varies based on account activity and the number of leads received.
Message and Data Rates: Standard message and data rates may apply.
Opt-Out: You can cancel SMS notifications at any time by replying STOP to any message. After you reply STOP, you will receive a confirmation message and will no longer receive SMS messages from EZ Leads unless you opt in again through your account settings.
Help: For help, reply HELP to any message or visit https://myezleads.com/contact.
Privacy: SMS consent and phone numbers collected for SMS notification purposes will not be shared with third parties or affiliates for marketing purposes. See our Privacy Policy for further information.
No Marketing SMS: EZ Leads does not send marketing or promotional SMS messages to its Users. All EZ Leads-originated SMS messages to Users are transactional.
Distinction from User-Originated Messaging: This Section 15 governs SMS messages that EZ Leads sends to you about your account. It does NOT govern SMS messages YOU send to your leads or contacts using the Service. Messages you send through the Service are subject to Section 6 (User Compliance Obligations) and remain your sole responsibility under TCPA and related law.
16. General Provisions
16.1 Changes to These Terms. We may modify these Terms from time to time. Material changes will be communicated through the Service or via email to the address on file. Your continued use of the Service after the effective date of the revised Terms constitutes acceptance of the changes. If you do not agree to revised Terms, you must stop using the Service.
16.2 Entire Agreement. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and EZ Leads regarding the Service and supersede all prior or contemporaneous understandings.
16.3 Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be reformed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
16.4 No Waiver. Failure by EZ Leads to enforce any provision of these Terms is not a waiver of that provision or of any other provision.
16.5 Assignment. You may not assign or transfer these Terms or any rights or obligations under these Terms without our prior written consent. EZ Leads may assign these Terms freely, including in connection with any merger, acquisition, or sale of assets.
16.6 No Agency. Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and EZ Leads.
16.7 Force Majeure. EZ Leads is not liable for any failure or delay in performance caused by events beyond our reasonable control, including without limitation acts of God, war, terrorism, civil unrest, government action, pandemic, natural disaster, internet or carrier outage, or third-party provider failure.
16.8 Notices. Notices to EZ Leads must be sent to legal@myezleads.com or to EZ Leads LLC, 8688 E Raintree Dr, Scottsdale, AZ 85246. Notices to you will be sent to the email address on file with your account or posted within the Service.
16.9 Contact. Questions about these Terms may be directed to legal@myezleads.com.
For general support questions, contact support@myezleads.com.