Platinum Lead Gen Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between Platinum Lead Gen LLC ("Platinum Lead Gen," "we," "our," or "us") and the individual or entity ("you," "Client," or "User") accessing or using our websites, including platinumleadgen.com (the "Site"), our lead generation services, campaign management, consulting, and any related deliverables or communications (collectively, the "Services").

By accessing or using the Site or Services, or by executing a proposal, order form, statement of work, or service agreement that references these Terms, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not access or use the Services.

These Terms contain a mandatory, binding arbitration provision and a class-action waiver (Section 16) that affect your legal rights. Please read them carefully.

1. Eligibility and Authority

You represent and warrant that you are at least 18 years of age, that all information you provide is accurate and complete, and that, if you are entering into these Terms on behalf of an entity, you have the authority to bind that entity. The Services are intended for business use only and are not directed to consumers for personal, family, or household purposes.

2. Description of Services

We provide performance-based lead generation services to businesses. Depending on the engagement, our Services may include campaign strategy, creative development, media buying on advertising platforms (including Google Ads, Meta Ads, Microsoft Advertising, YouTube, TikTok, and others), landing page development, call tracking, form intake, lead qualification, reporting, and delivery of qualified leads. The scope, deliverables, pricing, and territory for each engagement are set forth in a proposal, order form, statement of work, or written service agreement (each, an "Order"). Each Order is incorporated by reference into these Terms. In the event of a conflict between these Terms and an Order, the Order controls solely with respect to its subject matter.

3. Lead Qualification, Exclusivity, and Credits

A "Qualified Lead" is defined in our Lead Policy, which is incorporated by reference. Non-qualified inquiries (as defined in the Lead Policy), duplicate leads, out-of-area inquiries, invalid contact information, and other categories enumerated in the Lead Policy are eligible for credit toward future leads in accordance with the dispute process described below. Except where explicitly stated in an Order, leads are delivered exclusively to a single Client within an agreed service area and are not resold or reshared. All lead disputes must be submitted in writing to contact@platinumleadgen.com within seven (7) calendar days of lead delivery. Disputes submitted after this window may be denied. We may require reasonable evidence, including call recordings and CRM notes, to evaluate a dispute. Our determination is final, provided it is made in good faith and consistent with the Lead Policy. Credits are not redeemable for cash and expire when the engagement terminates.

4. Client Responsibilities

You agree that you will:

• Respond promptly to leads (typically within five minutes of delivery during business hours) and maintain professional, accurate, and non-deceptive communications;
• Comply with all applicable laws in your handling of leads, including the TCPA, CAN-SPAM Act, state telemarketing and do-not-call laws, and any consumer protection or industry licensing requirements applicable to your business;
• Maintain all licenses, permits, insurance, and bonds required to operate in your industry and service territory;
• Provide accurate intake information regarding your service area, job types, pricing, capacity, and disqualification criteria;
• Not use the Services or leads for any unlawful, deceptive, or discriminatory purpose, and not share or resell leads to third parties without our prior written consent;
• Grant us the licenses described in Section 7 as necessary to perform the Services.

You are solely responsible for your interactions with leads, the quality of your services, and the outcome of any transaction that results from a lead. We are not a party to any transaction between you and a lead.

5. Fees, Billing, and Payment

Fees are set forth in the applicable Order and are stated in U.S. dollars. Unless otherwise agreed in writing:

• Lead packages are paid in full in advance. Onboarding, campaign build, and lead delivery begin only after payment for the applicable Order has cleared;
• Prepaid amounts are applied to lead delivery on a per-lead basis at the price per lead stated in the Order, and each delivered lead is itemized against the prepaid balance;
• Any additional lead volume requested beyond the prepaid Order requires a further prepayment before delivery continues;
• Amounts not paid when due accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, plus reasonable collection costs and attorneys' fees;
• All fees are non-refundable. The sole remedy for a lead that does not meet the qualification criteria is delivery of a replacement lead at no additional charge under our Lead Policy, except where a refund is required by applicable law;
• You are responsible for all applicable taxes, other than taxes based on our net income;
• You must report a non-qualifying lead within seventy-two (72) hours of its delivery to be eligible for a replacement lead, and must notify us in writing within thirty (30) days of a charge to dispute that charge; failure to do so constitutes acceptance.

We may suspend or terminate the Services if any amount is more than ten (10) days past due, without liability to you.

6. Chargebacks

You agree not to initiate chargebacks, payment reversals, or payment disputes with your card issuer or bank without first attempting in good faith to resolve the issue directly with us. Improper chargebacks constitute a material breach of these Terms and entitle us to recover the disputed amount plus fees and reasonable attorneys' costs.

7. Intellectual Property and Licenses

Our IP. We retain all right, title, and interest in and to the Site, the Services, our methodologies, templates, dashboards, campaign structures, code, ad creatives we produce, aggregate data, and any improvements, derivatives, or feedback thereto. Nothing in these Terms grants you any license to our intellectual property except the limited right to use the Services and receive deliverables during the engagement.

Your Content. You retain ownership of trademarks, logos, images, copy, and other materials you provide ("Client Content"). You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, display, and transmit Client Content solely to perform the Services, including in advertisements, landing pages, and reports. You represent that you own or have all necessary rights to grant this license and that Client Content does not infringe or violate the rights of any third party.

Aggregate Data. We may collect and use de-identified and aggregated data derived from the Services for benchmarking, product improvement, and marketing, provided that such data does not identify you or any individual.

Case Studies. Unless you opt out in writing, we may identify you as a Client and describe the Services in our marketing materials in a general, non-confidential manner.

8. Advertising Platform Compliance

You acknowledge that campaigns run through third-party advertising platforms are subject to those platforms' terms, policies, and enforcement actions, including Google Ads Policies, the Meta Advertising Standards, and equivalent platform rules. You agree not to require us to run advertising that violates such policies. Platform account suspensions, ad disapprovals, algorithm changes, and delivery fluctuations are outside our control and are not grounds for a refund. Where an advertising account is opened in your name or otherwise transferred to you, you are solely responsible for compliance with the applicable platform's terms.

9. Confidentiality

Each party may disclose non-public information to the other in connection with the Services ("Confidential Information"). The receiving party will (a) use Confidential Information solely to perform its obligations or exercise its rights under these Terms, (b) protect it with the same degree of care it uses for its own confidential information (but no less than reasonable care), and (c) not disclose it to third parties except to employees, contractors, and advisors bound by confidentiality obligations. This Section does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

10. Term and Termination

These Terms begin on the earlier of (a) your acceptance of an Order or (b) your first use of the Services, and continue until terminated. Either party may terminate an Order for convenience upon thirty (30) days' written notice unless a different notice period is set forth in the Order. Either party may terminate immediately if the other party materially breaches these Terms and fails to cure within fifteen (15) days after written notice, or if the other party becomes insolvent or subject to bankruptcy proceedings. Upon termination, you must pay all fees accrued through the effective date of termination. Sections 3, 5–7, 9, and 11–17 survive termination.

11. Acceptable Use

You will not, and will not permit any third party to:

• Reverse engineer, decompile, or attempt to derive the source code of the Site or Services;
• Interfere with or disrupt the Site or Services, or attempt to gain unauthorized access to any system;
• Upload viruses, malware, or malicious code;
• Use the Services to send unsolicited marketing in violation of the CAN-SPAM Act, TCPA, or similar laws;
• Scrape, harvest, or otherwise collect data from the Site other than as expressly permitted;
• Use the Services in violation of any law, regulation, or third-party right.

12. Disclaimer of Warranties

THE SITE AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

We do not warrant that the Services will be uninterrupted, error-free, or secure; that any specific number of leads, conversions, appointments, or sales will result from the Services; or that the Services will meet your expectations. Lead volumes, cost-per-lead, close rates, and revenue depend on numerous factors outside our control, including your responsiveness, sales process, market conditions, seasonality, and platform algorithms.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply notwithstanding any failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability is limited to the fullest extent permitted by law.

14. Indemnification

You will defend, indemnify, and hold harmless Platinum Lead Gen LLC and its officers, directors, employees, contractors, and agents from and against any and all third-party claims, demands, actions, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your Client Content or any advertising creative you approve or supply; (c) your services delivered to any lead, including any allegation of negligence, fraud, misrepresentation, or consumer-law violation; (d) your violation of the TCPA, CAN-SPAM Act, state telemarketing laws, or any other applicable law; (e) your breach of these Terms; or (f) your violation of any third-party right, including intellectual property or privacy rights.

15. Force Majeure

Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, government actions, labor disputes, epidemics, pandemics, internet or utility outages, or platform outages or policy changes by third-party advertising networks.

16. Governing Law, Arbitration, and Class-Action Waiver

Governing Law. These Terms are governed by the laws of the State of Minnesota, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal Resolution. Before initiating any arbitration or legal proceeding, the parties will attempt in good faith to resolve any dispute by written notice describing the dispute and the relief sought. If the dispute is not resolved within thirty (30) days, either party may proceed to arbitration.

Binding Arbitration. Except for claims for injunctive relief to protect intellectual property or confidential information, and except for small-claims-court matters, any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will be conducted in English by a single arbitrator, and the seat of arbitration will be in Minnesota, unless the parties agree otherwise. Judgment on the award may be entered in any court of competent jurisdiction.

Class-Action Waiver. YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. If this class-action waiver is found unenforceable, then the entire arbitration provision will be null and void.

30-Day Right to Opt Out. You may opt out of this arbitration provision by sending written notice to contact@platinumleadgen.com within thirty (30) days after first accepting these Terms. Opting out does not affect any other provision of these Terms.

17. Miscellaneous

Entire Agreement. These Terms, together with any applicable Order and our Privacy Policy and Lead Policy, constitute the entire agreement between the parties and supersede all prior or contemporaneous agreements, communications, and understandings, whether written or oral.

Amendments. We may update these Terms from time to time. Material changes will be communicated by posting the updated Terms with a new "Last updated" date and, where appropriate, by additional notice. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

Assignment. You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms without your consent in connection with a merger, acquisition, reorganization, or sale of substantially all our assets.

Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

No Waiver. A party's failure to enforce any provision is not a waiver of its right to do so later.

Relationship. The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, franchise, or employment relationship.

Notices. Notices to us must be sent to contact@platinumleadgen.com. Notices to you may be sent to the email or mailing address on file.

Headings. Section headings are for convenience only and do not affect interpretation.

18. SMS Text Messaging Terms (Platinum Lead Gen Alerts)

18.1 Program description. Platinum Lead Gen LLC operates an SMS program called Platinum Lead Gen Alerts for prospective and active clients and for consumers who request contact from a local service business. Messages include: Onboarding and account setup updates; Alerts when a new customer inquiry arrives; Appointment and call reminders; Billing and service notices for your account; Replies to messages you send us.

18.2 Consent. We text only mobile numbers whose owner has given prior express written consent through a separate, unchecked opt-in checkbox on our forms, or through an explicit affirmative reply after the same disclosure is read aloud by our team or our assistant. The disclosure reads: “Yes, I agree to receive text messages from Platinum Lead Gen. By checking this box, I agree to receive SMS text messages from Platinum Lead Gen at the mobile number I provided, including onboarding updates, new customer inquiry alerts, appointment reminders and account notices. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. Reply STOP to opt out or HELP for help.” Consent to receive text messages is not a condition of purchasing leads, search optimization services, or anything else we sell.

18.3 Cost and frequency. Mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply. Message frequency varies. You are responsible for any charges your mobile carrier applies to messages you send or receive.

18.4 Help and opt-out keywords.

• STOP: Ends all messages from this program.
• HELP: Returns support contact details (Contact our team).
• START: Re-subscribes a number that previously opted out.

You may also opt out by calling Contact our team or emailing contact@platinumleadgen.com. Opt-out requests are honored promptly and the number is added to a suppression list.

18.5 Supported carriers and delivery. The program supports major United States wireless carriers. Carriers are not liable for delayed or undelivered messages, and delivery depends on factors outside our control, including carrier filtering and device settings.

18.6 Privacy of mobile information. No mobile information will be sold, rented or shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent are never shared with any third party, except with subcontractors and service providers, such as our messaging platform, that help us operate the messaging program. See our Privacy Policy for full details.

18.7 Eligibility and changes. You must be at least 18 years old and the authorized owner or user of the mobile number you submit. Notify us if your number changes or is reassigned. We may modify or discontinue the program at any time with notice where required by law.

18.8 Client obligations. Clients who receive lead data and contact consumers by text are independently responsible for their own A2P 10DLC registration, consent records, opt-out handling, and compliance with the Telephone Consumer Protection Act, state messaging laws, and carrier and CTIA requirements. Nothing in these Terms transfers a consumer's consent to a client beyond the contact the consumer requested.

19. Contact

Platinum Lead Gen LLC
Email: contact@platinumleadgen.com
Phone: Contact our team

See also our Privacy Policy and Lead Policy.