Terms & Conditions

"Platform" means the Lead Tube web application, APIs, and related services.

"User" means any individual or entity that accesses or uses the Platform.

"Tenant" means the business entity that holds a subscription to the Platform.

"Lead Data" means personal information about prospective customers imported into or generated within the Platform.

You must be at least 18 years of age and capable of forming a legally binding contract to access or use the Platform. By using the Platform, you represent and warrant that you meet this requirement and that you are accessing the Platform on behalf of a business for its legitimate commercial purposes. The Platform is not intended for personal, family, or household use.

You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use.

You agree to use the Platform only for lawful purposes and in compliance with these Terms. You shall not:

• Send unsolicited messages (spam) or messages to individuals who have not provided consent
• Violate the Telephone Consumer Protection Act (TCPA), CTIA guidelines, or any applicable telecommunications regulations
• Use the Platform to harass, threaten, or defraud any person
• Attempt to circumvent opt-out mechanisms, compliance controls, or blacklist protections
• Reverse engineer, decompile, or disassemble any part of the Platform
• Share login credentials or allow unauthorized third parties to access your account
• Upload malicious code, attempt SQL injection, or exploit security vulnerabilities

You are solely responsible for ensuring that you have obtained proper, verifiable consent from each individual before sending or directing the Platform to send SMS messages to that individual. This includes compliance with all applicable federal, state, and local laws, including the TCPA, CAN-SPAM Act, and CTIA Short Code Monitoring Program guidelines.

The Platform provides compliance features (opt-out handling, quiet hours, daily caps) as tools to assist your compliance, but they do not substitute for your independent legal obligations. You agree to indemnify us against any claims arising from your failure to obtain proper consent.

Application-to-Person (A2P) SMS messaging in the United States is subject to carrier registration requirements administered through The Campaign Registry (TCR) and the mobile carriers' 10DLC program. You are responsible for registering your brand and messaging campaign(s), providing accurate and current business and use-case information, and keeping that registration in good standing at all times you use the Platform.

Wireless carriers and messaging aggregators may assess registration fees, per-message carrier fees or surcharges, and monetary penalties for violations — including, without limitation, unregistered traffic, prohibited or "grey route" traffic, campaign or content violations, and evasion of carrier filtering. Any such fees, surcharges, or penalties assessed against us as a result of your messaging activity are your responsibility and may be passed through to you or deducted from amounts you have on account. You further acknowledge that carrier filtering may delay, block, throttle, or reject messages for reasons outside our control, and we are not liable for such carrier actions.

You retain all ownership rights to Lead Data you import into or generate through the Platform. We do not claim ownership of your Lead Data. We process Lead Data solely to provide the services described herein and as outlined in our Privacy Policy.

You represent and warrant that you have the legal right to import, process, and message each lead, and that your use of Lead Data complies with all applicable privacy and data protection laws.

The Platform uses artificial intelligence to generate conversation responses, lead scores, and recommendations. While we strive for accuracy and appropriateness, AI-generated content may occasionally be inaccurate, incomplete, or unsuitable. You acknowledge that:

• AI responses are generated algorithmically and not reviewed by a human before delivery (unless you enable manual review mode)
• You are responsible for configuring system prompts, scoring rules, and knowledge library content that guide the AI
• We are not liable for business decisions made based on AI-generated scores or recommendations

We strive to maintain high availability but do not guarantee uninterrupted service. The Platform may be temporarily unavailable for maintenance, updates, or due to circumstances beyond our control. We are not liable for any damages arising from service interruptions.

Subscription fees are as agreed in your service order and, unless stated otherwise, are billed in advance on a recurring basis and automatically renew for successive billing periods until cancelled in accordance with these Terms. Fees are non-refundable except as required by law, including where you fail to cancel before the start of a renewal period.

We reserve the right to modify pricing with 30 days' written notice. If your account becomes past due, we may suspend or terminate access after written notice and a reasonable opportunity to cure. You remain responsible for all fees, including any usage-based or overage charges, accrued through the effective date of cancellation.

The Platform, including its design, code, algorithms, and documentation, is the intellectual property of 1564 Ventures, Inc. and is protected by copyright, trademark, and other intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Platform during the subscription term.

In connection with your use of the Platform you may receive non-public information about the Platform, including its features, pricing, roadmap, and operation ("Confidential Information"). You agree to keep Confidential Information confidential, to use it only in connection with your authorized use of the Platform, and not to disclose it to any third party without our prior written consent. This obligation does not apply to information that is or becomes publicly available through no fault of yours, that you already lawfully possessed without a duty of confidentiality, or that you are compelled to disclose by law — provided that, where legally permitted, you give us reasonable prior notice so we may seek protective treatment.

Client is solely and exclusively responsible for all use, distribution, storage, and application of Client Data and Processed Data after delivery. This includes, without limitation, any decision to:

• Contact individuals or entities identified in the data by any means (phone, email, text, mail, social media, or otherwise)
• Send marketing communications
• Make business decisions based on the data
• Take any other action informed by the data

Client is solely responsible for compliance with all applicable laws, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, California Consumer Privacy Act (CCPA), General Data Protection Regulation (GDPR), Fair Credit Reporting Act (FCRA), Health Insurance Portability and Accountability Act (HIPAA), Utah Consumer Privacy Act (UCPA), and all other applicable privacy, data protection, consumer protection, telemarketing, and communications laws.

"Client Data" means any data, lead information, or content that Client imports into, submits to, or generates through the Platform. "Processed Data" means any data output, score, recommendation, AI-generated response, or other result produced by the Platform from Client Data.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, 1564 VENTURES, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, REPUTATIONAL HARM, REGULATORY FINES OR PENALTIES, OR ANY OTHER ADVERSE CONSEQUENCE ARISING FROM CLIENT'S USE OF THE PLATFORM, CLIENT DATA, OR PROCESSED DATA.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS SHALL NOT EXCEED THE FEES PAID BY CLIENT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY DATA OR RESULTS GENERATED BY THE PLATFORM WILL BE ACCURATE OR COMPLETE.

Client shall indemnify, defend, and hold harmless Company, its subsidiaries, affiliates, suppliers, and licensors, and their respective officers, directors, employees, agents, and assigns from and against any and all claims, demands, actions, suits, losses, damages, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys' and accountants' fees) arising out of or relating to the following (including any of the following committed by any party who uses or accesses Client's account, with or without Client's permission):

• (a) Client's use or application of Client Data, Processed Data, or any data output, including any contact made with individuals or entities identified in the data;
• (b) Client's violation of any applicable law or third-party right;
• (c) Any third-party claim arising from Client's use of the data;
• (d) Any negative business impact, loss of business, reputational harm, regulatory action, or any other adverse consequence resulting from Client's use of the data;
• (e) Any claim arising under the Telephone Consumer Protection Act (TCPA) or any similar federal or state consumer protection, telemarketing, or communications law; and
• (f) The acts, errors, or omissions of any party who uses or accesses Client's account, with or without Client's permission.

This indemnification survives termination of this Agreement indefinitely.

Client agrees to hold harmless 1564 Ventures, Inc., its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all liability, loss, damage, cost, or expense (including reasonable attorneys' fees) arising from or related to:

• Client's use of the Platform or any data, scores, recommendations, or AI-generated content produced by the Platform
• Any communications sent to or received from leads, prospects, or other individuals through or as a result of the Platform
• Client's failure to obtain or maintain proper consent for SMS messaging, email communications, or other outreach
• Any regulatory investigation, enforcement action, fine, or penalty imposed on Company as a result of Client's use of the Platform or data
• Client's breach of these Terms or any representation or warranty made herein

This hold harmless obligation applies regardless of the form of action, whether in contract, tort, strict liability, or otherwise, and survives the termination or expiration of these Terms indefinitely.

Client acknowledges and agrees that the use of AI-generated content, automated lead scoring, and automated messaging involves inherent risks, including but not limited to inaccurate scoring, inappropriate responses, delivery failures, and regulatory non-compliance. Client assumes all risk associated with the use of the Platform and its outputs. Client's decision to act upon any data, score, recommendation, or AI-generated content is made at Client's sole risk and discretion.

Either party may terminate the subscription with 30 days' written notice. We may suspend or terminate your account immediately if you breach these Terms. Upon termination, your access to the Platform will cease and your data will be handled as described in our Privacy Policy. Sections 12 (Confidentiality), 13 (Client Sole Responsibility), 14 (Limitation of Liability), 15 (Indemnification), 16 (Hold Harmless), 17 (Assumption of Risk), and 19 (Export Control) survive termination indefinitely.

You represent and warrant that you are not located in, and will not access or use the Platform in or for the benefit of, any country or person subject to U.S. embargoes or sanctions, and that you are not identified on any U.S. government list of prohibited or restricted parties. You agree to comply with all applicable U.S. and international export control and economic sanctions laws in connection with your use of the Platform.

We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, epidemics, power or internet failures, denial-of-service or other malicious attacks, or the acts, omissions, or failures of third-party service providers (including telecommunications carriers, messaging aggregators, and cloud or AI providers).

These Terms are governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Salt Lake County, State of Utah, and you consent to the personal jurisdiction of such courts.

Before initiating any legal proceeding, you agree to first attempt to resolve any dispute informally by contacting us at ops@1564hub.com. If the dispute is not resolved within 30 days, either party may proceed with formal legal action in the courts specified above.

Client shall reimburse Company for all reasonable attorneys' and accountants' fees, disbursements, and costs incurred by Company in connection with any action or proceeding to enforce or interpret these Terms, to collect amounts owed under them, or otherwise arising out of or relating to Client's use of the Platform, in addition to any other relief to which Company may be entitled.

You may not assign or transfer these Terms or any of your rights or obligations hereunder, by operation of law or otherwise, without our prior written consent, and any attempted assignment in violation of this section is void. We may assign these Terms, in whole or in part, without your consent in connection with a merger, acquisition, reorganization, or sale of assets, or to an affiliate, upon reasonable notice. These Terms bind and inure to the benefit of the parties and their permitted successors and assigns.

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between the parties, and neither party has the authority to bind the other or to incur obligations on the other's behalf.

No waiver of any provision of these Terms will be effective unless in writing and signed by the party against whom the waiver is asserted. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that or any other right or provision.

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or through the Platform with at least 15 days' notice. Your continued use of the Platform after changes take effect constitutes acceptance of the modified Terms.

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

These Terms, together with the Privacy Policy, constitute the entire agreement between you and 1564 Ventures, Inc. regarding the Platform and supersede all prior agreements and understandings.

For questions about these Terms, contact us at:

1564 Ventures, Inc.
Email: ops@1564hub.com