Terms of Service

Effective Date: January 6, 2026
Last Updated: January 29, 2026

1. INTRODUCTION & ACCEPTANCE

Welcome to Lead Care Team ("Company", "LCT", "we", "our", "us"). These Terms of Service (the "Agreement") govern your access to and use of our lead management services (the "Services").

By executing a Service Agreement, making payment, or using our Services, you ("Client", "you", "your") acknowledge that you have read, understood, and agree to be bound by this Agreement.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

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2. DESCRIPTION OF SERVICES

2.1 Core Service Model

Lead Care Team is a lead management service, not a marketing agency or lead generation company. We do not run advertising campaigns, manage ad spend, or generate leads. We manage, qualify, nurture, and convert the leads you already have or generate through your own marketing efforts.

Our Services are organized into three operational pillars:

CONVERT (New Lead Management)

• Rapid response to new inbound leads via phone and SMS
• Lead qualification and vetting using structured criteria
• Appointment setting with qualified prospects
• Lead nurturing for prospects not yet ready to book
• Integration with your existing calendar and scheduling systems

REACTIVATE (Database Campaigns)

• Systematic reactivation of dormant leads from your CRM/database
• Outbound calling and messaging to past inquiries
• Re-qualification of stalled opportunities
• Pipeline recovery from previously abandoned leads

MULTIPLY (Reputation Management)

• Automated review request campaigns for completed projects/treatments
• Manual follow-up calls to solicit reviews
• Referral request outreach to satisfied clients
• Reputation monitoring and management support

2.2 Service Delivery Infrastructure

Technology Platform: We utilize Funnel Fabric (a customized white-label GoHighLevel instance) as our primary operating system. This platform acts as middleware between your marketing sources and your internal systems.

Human Operations: Our Services are delivered by US-based Revenue Support Specialists (Lead Care Agents) who conduct phone and SMS outreach on your behalf. These agents represent your company when contacting leads and clients.

Integration Requirements: To deliver Services effectively, we require access to:

• Your CRM or Practice Management system
• Your lead sources (form submissions, call tracking, etc.)
• Your calendar system for appointment booking
• Your customer/patient database for reactivation campaigns

2.3 Scope Limitations - What We Do NOT Do

To avoid confusion, Lead Care Team explicitly does NOT:

• Run paid advertising campaigns (Google Ads, Facebook Ads, LSA, etc.)
• Manage advertising budgets or ad spend
• Generate new leads through marketing activities
• Build or maintain websites
• Provide SEO services
• Create marketing content or creative assets
• Function as your sales team or close deals
• Make commitments about your services, pricing, or availability beyond scheduling

Our role ends at qualified appointment booking. Your sales team is responsible for consultations, estimates, proposals, and closing.

3. SERVICE TIERS & PRICING

3.1 Pricing Structure

Services are provided based on agreed upon terms dependent upon lead volume and sales velocity.

3.2 Setup Fee

A one-time setup fee (amount specified in Service Agreement) covers:

• Technical integration and configuration
• Funnel Fabric platform customization
• Agent training on your business specifics
• CRM/calendar integration
• Initial process documentation

The Setup Fee is non-refundable once onboarding work has commenced.

3.3 Volume Overages

Included Caps: Reset monthly. Work within included caps incurs no additional charges.

Overage Fees: Volume exceeding included caps but below burst ceiling incurs overage fee, agreed upon before start of service.

Burst Ceiling: This is a hard operational capacity limit. Work beyond the burst ceiling will be deferred to the following month unless Client upgrades tier or executes a surge capacity addendum.

Automatic Tier Upgrade: If Client exceeds included caps in 2 of the last 3 months, Client will be automatically upgraded to the next tier beginning the following billing cycle. Client will receive 15 days' written notice before upgrade takes effect.

3.4 Service Credit ("Funnel Reinvestment Credit")

LCT provides a $5,000 service credit applied across months 4, 5, and 6 of the engagement. This credit is applied automatically to monthly invoices, effectively reducing the Client's net monthly cost during this period.

Credit Forfeiture: If Client terminates the Agreement before completing 6 months of service, any unapplied portion of the credit is forfeited and Client remains responsible for the full monthly retainer in any month service was active.

3.5 Referral Incentive

If Client refers a new client who:

• Signs a Service Agreement
• Completes onboarding
• Remains active for 6 consecutive months

Both the referring Client and the new Client will receive a one-month service credit equal to their current tier's monthly retainer fee. Credit is applied in month 7 of the new Client's engagement.

3.6 Payment Terms

• All fees are payable in US Dollars.
• Monthly retainers are billed in advance on the same day each month.
• Setup Fees are due upon execution of the Service Agreement.
• Overage fees are billed in arrears and added to the following month's invoice.
• Payments are processed via credit card or ACH.
• Late Payment: Invoices unpaid within 10 days of due date incur a 5% monthly late fee and may result in service suspension.
• Failed Payments: If payment fails twice consecutively, LCT reserves the right to immediately suspend Services until payment is resolved.

4. CLIENT RESPONSIBILITIES & OBLIGATIONS

4.1 Required Cooperation

Client agrees to:

A. Information & Access

• Provide timely access to CRM, calendar systems, and lead databases
• Grant necessary user permissions for our agents and platform integrations
• Provide complete and accurate information about services, pricing, availability, and business processes
• Deliver training materials, scripts, or guidelines for agent education

B. Communication & Responsiveness

• Designate a primary point of contact for day-to-day coordination
• Respond to requests for information or clarification within 2 business days
• Attend monthly performance review calls
• Provide feedback on lead quality and appointment outcomes

C. Appointment Attendance

• Honor all appointments booked by Lead Care Team
• Provide advance notice (minimum 4 hours) if cancellation is unavoidable
• LCT is not liable for revenue loss resulting from Client no-shows or cancellations

D. Disposition Data

• Provide accurate outcome data for booked appointments (e.g., "Sold," "No-Show," "Not Qualified," "Lost to Competitor")
• Update appointment dispositions in CRM or directly in Funnel Fabric within 48 hours of appointment occurrence
• This data is essential for our quality control and lead source optimization

4.2 Compliance Obligations

A. Legal Compliance
Client represents and warrants that:

• All marketing practices comply with federal, state, and local laws
• All required licenses, permits, and insurance are current and valid
• Client's business practices do not violate consumer protection laws, fair housing laws (if applicable), or medical ethics regulations (if applicable)

B. Do Not Call (DNC) Compliance
Client is responsible for maintaining internal Do Not Call lists and ensuring leads provided to LCT are legally permissible to contact. LCT will honor "STOP" requests and maintain our own DNC list, but Client bears ultimate legal responsibility for compliance.

C. HIPAA Compliance (Healthcare Clients Only)
For Clients in healthcare sectors (medical, dental, aesthetic, mental health, etc.):

• LCT operates as a Business Associate under HIPAA
• A separate Business Associate Agreement (BAA) must be executed
• Client must ensure all Protected Health Information (PHI) is minimized in lead forms and initial intake
• LCT agents are trained to avoid collecting unnecessary PHI during qualification calls

4.3 Brand Representation

Client grants LCT a limited, non-exclusive license to:

• Use Client's business name, logo, and brand assets in communications with leads
• Represent ourselves as calling on behalf of Client's company
• Create email signatures and caller IDs that identify our agents as representatives of Client's business

Client retains final approval rights over scripts, messaging templates, and brand usage. Any objection to brand representation must be raised within 5 business days of delivery.

5. SMS & TELEPHONE COMMUNICATIONS

5.1 Lead Consent Requirements

Client Responsibility: Client represents and warrants that all leads provided to LCT have given express written consent to receive SMS and phone calls related to the services they inquired about. This consent may be obtained via:

• Website form submission with consent language
• Signed intake forms
• Verbal consent documented in Client's records

LCT's SMS Compliance: Our SMS platform (GoHighLevel) is TCPA-compliant. Every SMS includes:

• Clear identification of the sender (Client's business name)
• Opt-out instructions ("Reply STOP to unsubscribe")
• HELP keyword support for assistance

5.2 Lead SMS Consent

By submitting a lead form or providing contact information to Client's business, leads consent to receive:

• Appointment confirmation and reminder messages
• Follow-up communications regarding their inquiry
• Reactivation messages if they become inactive
• Review and referral request messages after service completion

Message Frequency: Varies by engagement stage. Leads may receive up to 15 messages per month during active nurturing phases.

Opt-Out: Leads may text STOP at any time. LCT will immediately cease SMS communications and flag the contact as DNC.

Data Rates: Standard message and data rates apply. LCT is not responsible for carrier charges.

5.3 Phone Call Recordings

Recording Disclosure: All phone calls conducted by LCT agents may be recorded for quality assurance, training, and dispute resolution purposes.

Call Recording Compliance: Agents provide verbal notice of recording on calls where required by state law. Client represents that recording is permissible in their jurisdiction.

Access to Recordings: Client may request access to call recordings at any time for quality review.

6. DATA OWNERSHIP & PRIVACY

6.1 Lead Data Ownership

Client Retains Ownership: All lead data, customer lists, appointment history, and contact information remain the sole property of Client. This includes:

• Leads generated by Client's marketing
• Contacts reactivated from Client's database
• Review and referral interaction history

Data Portability: Upon termination of this Agreement, Client retains full ownership and access to all lead data. LCT will facilitate export of data from Funnel Fabric in standard formats (CSV, spreadsheet) within 30 days of termination.

6.2 LCT Proprietary Assets

LCT retains ownership of:

• Funnel Fabric platform and all customizations
• Automation workflows, sequences, and "Snapshots"
• Agent training materials and scripts
• Proprietary methodologies and processes
• Performance analytics and reporting frameworks

Limited License: Client is granted a non-exclusive, non-transferable license to use LCT's methodologies and templates solely for Client's own business during the term of this Agreement. This license terminates upon Agreement termination.

6.3 Confidentiality

Both parties agree to maintain confidentiality of:

• Business strategies, financial data, and operational details
• Customer/patient data and lead information
• Proprietary processes and trade secrets
• Pricing, contracts, and competitive information

Exceptions: Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no breach of this Agreement
• Was rightfully known prior to disclosure
• Is independently developed
• Must be disclosed by law or court order

Survival: Confidentiality obligations survive termination for 3 years.

6.4 Data Security

LCT implements industry-standard security measures including:

• Encrypted data transmission (SSL/TLS)
• Secure access controls and authentication
• Regular security audits of third-party platforms
• Employee confidentiality agreements and training

Data Breach Notification: In the event of a data breach involving Client data, LCT will notify Client within 72 hours of discovery and cooperate fully in remediation efforts.

7. PERFORMANCE EXPECTATIONS & DISCLAIMERS

7.1 No Revenue or Income Guarantees

Critical Disclaimer: LCT DOES NOT and CANNOT guarantee specific revenue, sales volume, conversion rates, or income results.

Marketing and sales performance depends on numerous factors outside LCT's control:

• Quality and relevance of Client's lead sources
• Client's pricing, service quality, and market positioning
• Sales team performance in closing qualified appointments
• Economic conditions, seasonality, and competitive dynamics
• Consumer behavior and decision-making timelines

Our Commitment: LCT commits to professional execution of lead management services according to industry best practices. We measure our performance on controllable metrics:

• Speed of response to new leads
• Appointment booking rate from qualified leads
• Reactivation campaign response rates
• Review solicitation completion rates

Client's Role in Results: Ultimate revenue outcomes depend primarily on Client's ability to close qualified appointments. LCT delivers qualified opportunities; Client is responsible for conversion.

7.2 Lead Quality Variability

Source-Dependent Quality: Lead quality varies dramatically by source (Google, referrals, databases, etc.). LCT will provide feedback on lead quality patterns but cannot control the quality of leads entering the system.

Qualification Process: Our vetting process filters out obviously unqualified leads (wrong service area, no budget, etc.), but some "qualified" appointments may still result in no-sales due to factors only discoverable in person (unrealistic expectations, project complexity, etc.).

No Refunds for Low-Quality Leads: LCT is not responsible for the quality of leads generated by Client's marketing efforts. Monthly retainer fees are for service delivery, not results.

7.3 Third-Party Platform Dependence

Platform Reliability: LCT's Services depend on third-party platforms including:

• Funnel Fabric infrastructure
• Telecommunications carriers (phone/SMS)
• Client's CRM or PM software
• Calendar and scheduling integrations

Service Interruptions: LCT is not liable for service disruptions caused by third-party platform outages, technical failures, or policy changes beyond our control.

Platform Policy Changes: If a third-party platform changes policies or terms in ways that materially impact service delivery, LCT will work in good faith to find alternative solutions but is not liable for any resulting service gaps.

8. LIMITATION OF LIABILITY

8.1 Maximum Liability Cap

Liability Ceiling: In no event shall LCT's total aggregate liability to Client for any and all claims arising from this Agreement exceed the total amount paid by Client for Services in the three (3) months immediately preceding the claim.

8.2 Excluded Damages

No Consequential Damages: LCT shall not be liable for:

• Lost profits, revenue, or business opportunities
• Loss of goodwill or reputation
• Business interruption or downtime
• Loss of data (except as covered under data breach provisions)
• Indirect, incidental, special, or consequential damages

Even if LCT has been advised of the possibility of such damages.

8.3 Specific Disclaimers

No Liability For:

A. Missed Appointments
If Client fails to attend appointments booked by LCT, or cancels appointments without proper notice, LCT bears no responsibility for lost revenue or damaged customer relationships.

B. Client's Sales Performance
LCT is not responsible for Client's closing rate, customer service, project execution, or any issues arising after the appointment is scheduled.

C. Lead Behavior
LCT is not responsible for lead conduct (no-shows, false information, abusive behavior, legal disputes, etc.).

D. Compliance Violations
If Client's business practices, marketing, or lead generation methods violate laws (TCPA, DNC, fair housing, etc.), LCT is not liable for resulting penalties or legal action, even if our agents conducted outreach to those leads.

E. Reputation Issues
LCT solicits reviews on Client's behalf but is not responsible for negative reviews received, nor for Client's response to reviews or online reputation issues.

9. TERM, TERMINATION & CANCELLATION

9.1 Agreement Term

Initial Term: This Agreement commences upon payment of the Setup Fee and continues on a month-to-month basis thereafter.

Renewal: Automatically renews monthly unless terminated by either party per Section 9.2.

9.2 Termination Rights

By Either Party: Either party may terminate this Agreement with 30 days' written notice.

Immediate Termination by LCT: LCT may terminate immediately (without refund) if Client:

• Fails to pay invoices after 2 payment attempts
• Engages in illegal, unethical, or fraudulent business practices
• Violates confidentiality or intellectual property provisions
• Provides materially false information
• Engages in abusive conduct toward LCT staff
• Breaches any material term of this Agreement

9.3 Effect of Termination

Upon termination, LCT will:

A. Cease Operations (Effective 30 Days After Notice)

• Disconnect Funnel Fabric integrations
• Cease all calling, SMS, and appointment-setting activities
• Remove access to shared systems and platforms

B. Data Handover

• Export all lead data, contact lists, and interaction history to Client
• Provide documentation of any active campaigns or nurture sequences
• Transfer control of any Client-owned accounts or assets

C. Financial Settlement

• Client remains responsible for all charges incurred through termination date, including:
  • Prorated monthly retainer for final partial month
  • Any outstanding overage fees
  • Unpaid invoices from prior months
• Unused portions of monthly retainer are non-refundable
• Any remaining service credit balance is forfeited

9.4 Early Termination Consequences

Service Credit Forfeiture: If Client terminates before Month 6, any unapplied portion of the $5,000 Funnel Reinvestment Credit is forfeited.

No Refund of Setup Fee: Setup Fee is non-refundable after onboarding has begun, regardless of termination timing.

9.5 Post-Termination Restrictions

Non-Solicitation: For 12 months following termination, Client agrees not to directly solicit, recruit, or hire any LCT employee or contractor who worked on Client's account.

Liquidated Damages: Violation of the non-solicitation clause results in liquidated damages equal to 100% of the employee's annual salary, paid to LCT.

Continued Confidentiality: All confidentiality obligations survive termination for 3 years.

10. INDEMNIFICATION

10.1 Client Indemnification of LCT

Client agrees to indemnify, defend, and hold harmless LCT, its officers, employees, contractors, and affiliates from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

A. Client's Business Practices

• Any violation of laws, regulations, or industry standards by Client
• Client's services, pricing, contracts, or treatment of customers/patients
• Any negligence, misconduct, or illegal activity by Client or Client's employees

B. Lead Generation & Compliance

• Claims that leads provided to LCT were obtained illegally or without proper consent
• Violations of TCPA, DNC, CAN-SPAM, or similar regulations resulting from Client's lead generation practices
• Any misrepresentation about consent or opt-in status

C. Content & Instructions

• Defamation, intellectual property infringement, or other torts arising from Client-provided content, scripts, or messaging
• Claims arising from LCT following Client's specific instructions or directives

D. Third-Party Claims

• Customer/patient complaints, legal disputes, or claims arising after appointments booked by LCT
• Any allegation of discrimination, fraud, misrepresentation, or improper sales practices by Client's staff

10.2 LCT Indemnification of Client

LCT agrees to indemnify, defend, and hold harmless Client from claims arising solely from:

• Gross negligence or willful misconduct by LCT employees
• Unauthorized disclosure of Client confidential information by LCT
• LCT's violation of applicable laws in service delivery (excluding laws Client directed LCT to violate)

Exclusions: LCT's indemnification does NOT apply to claims arising from Client's instructions, Client's lead sources, or Client's business practices.

11. DISPUTE RESOLUTION

11.1 Informal Resolution

Prior to initiating formal dispute resolution, both parties agree to:

1. Provide written notice of the dispute with specific details
2. Engage in good-faith negotiation for 30 days
3. Involve senior leadership from both organizations

11.2 Mediation

If informal resolution fails, disputes shall be submitted to non-binding mediation before a mutually agreed-upon neutral mediator in Hennepin County, Minnesota.

Cost Sharing: Both parties split mediation costs equally.

11.3 Binding Arbitration

If mediation fails, disputes shall be resolved through binding arbitration under the rules of the American Arbitration Association (AAA).

Location: Arbitration shall take place in Hennepin County, Minnesota.

Costs: Each party bears its own legal fees. Arbitration filing fees and arbitrator fees shall be split equally unless the arbitrator rules otherwise.

Exceptions: Either party may seek injunctive relief in court for:

• Breach of confidentiality
• Intellectual property infringement
• Non-solicitation violations

11.4 Class Action Waiver

Both parties waive the right to participate in class action lawsuits or class-wide arbitration. All disputes must be brought individually.

12. GENERAL PROVISIONS

12.1 Independent Contractor

LCT is an independent contractor, not an employee, partner, or agent of Client. Nothing in this Agreement creates a partnership, joint venture, or employer-employee relationship.

Right to Serve Competitors: LCT retains the right to provide services to other clients, including those in the same industry, geographic market, or competitive space as Client.

12.2 Force Majeure

Neither party shall be liable for failure to perform obligations due to causes beyond reasonable control, including:

• Natural disasters, pandemics, or acts of God
• War, terrorism, or civil unrest
• Government actions, regulations, or orders
• Labor strikes or work stoppages
• Cyber-attacks, internet outages, or infrastructure failures
• Third-party platform failures

Notice Requirement: The affected party must provide prompt written notice and make reasonable efforts to resume performance.

12.3 Entire Agreement

This Agreement, together with any executed Service Agreement or Statement of Work, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements, whether written or oral.

No Oral Modifications: This Agreement may only be modified by written amendment signed by both parties.

12.4 Severability

If any provision of this Agreement is found invalid or unenforceable, the remainder shall continue in full force and effect. Invalid provisions shall be reformed to the minimum extent necessary to make them enforceable while preserving intent.

12.5 Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision. All waivers must be in writing.

12.6 Assignment

Client Assignment: Client may not assign this Agreement without LCT's prior written consent.

LCT Assignment: LCT may assign this Agreement to:

• An affiliate or subsidiary
• A successor in interest due to merger, acquisition, or sale of business

12.7 Notices

All notices under this Agreement must be in writing and delivered via:

• Email: hello@leadcareteam.com (for LCT)
• Email: [Client email specified in Service Agreement]
• Certified mail to addresses specified in Service Agreement

Notices are deemed received when emailed (if during business hours) or 3 business days after mailing.

12.8 Governing Law & Jurisdiction

Governing Law: This Agreement shall be governed by the laws of the State of Minnesota, without regard to conflict of law principles.

Jurisdiction: Both parties consent to exclusive jurisdiction and venue in the state and federal courts of Hennepin County, Minnesota for any disputes not subject to arbitration.

12.9 Amendments

LCT reserves the right to modify these Terms at any time.

Notice of Changes: Clients will be notified of material changes via email at least 30 days before effective date.

Continued Use: Continued use of Services after effective date constitutes acceptance of modified Terms.

Objection Right: If Client objects to material changes, Client may terminate the Agreement without penalty within 30 days of notice.

12.10 Survival

The following provisions survive termination:

• Payment obligations
• Confidentiality (3 years)
• Non-solicitation (12 months)
• Intellectual property rights
• Limitation of liability
• Indemnification
• Dispute resolution
• Data ownership

13. CONTACT & LEGAL NOTICES

Lead Care Team
Email: hello@leadcareteam.com

For legal notices or formal dispute communications, use certified mail to the address provided in your Service Agreement.

BY USING OUR SERVICES OR EXECUTING A SERVICE AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

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