Terms of Service

These Terms of Service ("Terms") form a legally binding agreement between LeadBabu ("we", "us", "our", or "the Platform") and the agency or individual ("you" or "Agency User") accessing or using the LeadBabu platform and website at leadbabu.com. By accessing or using our services, you confirm that you have read, understood, and agreed to these Terms in full.

If you are entering into these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

1. Platform Description

LeadBabu is a software-as-a-service platform designed exclusively for performance marketing agencies. The Platform provides tools for lead tracking, ad spend management, client reporting, multi-channel analytics, and campaign performance monitoring. Access is currently granted by invitation only during our early access period.

2. Eligibility and Account Access

To use LeadBabu, you must:

• Be at least 18 years old and legally capable of entering into binding contracts
• Be operating as or on behalf of a legitimate marketing agency or business
• Have received an access invitation from LeadBabu following review of your application
• Maintain accurate, current, and complete account information at all times

You are solely responsible for all activity that occurs under your account, including actions by team members you grant access to. You must notify us immediately at hello@leadbabu.com if you believe your account has been compromised.

3. Agency Responsibilities and Client Relationships

LeadBabu provides tools to agencies to manage their own operations and those of their clients. The following responsibilities rest entirely with the Agency User:

• Client consent and authorization: You must ensure that you have all necessary consents, authorizations, and legal rights to process your end clients' data through the Platform, including consents required under applicable data protection laws.
• Client communications: LeadBabu is not a party to any agreement between you and your end clients. Any commitments you make to your clients regarding data handling, reporting accuracy, or service levels are solely your responsibility.
• Accuracy of data: You are responsible for the accuracy, completeness, and legality of all data you input into or import through the Platform.
• Compliance with advertising platform policies: Use of connected integrations (Google Ads, Meta Ads, TikTok Ads, etc.) must comply with those platforms' own terms of service. LeadBabu does not accept liability for violations of third-party platform policies.

4. Confidentiality of Agency Pricing and Commercial Data

LeadBabu acknowledges that agencies operate with commercial pricing models that may involve marking up ad costs, applying service fees, or structuring client billing in ways that differ from the underlying costs managed through the Platform.

LeadBabu expressly agrees to the following:

• We will not access, inspect, analyze, disclose, or use any data entered into the Platform that reflects an agency's billing rates, margins, markups, or commercial arrangements with its clients.
• We will not share, sell, or report on any data that could be used to identify the pricing structure between any agency and its end clients.
• We will not use aggregated platform data to infer, estimate, or publish benchmarks that could expose individual agency margin structures.
• All such commercially sensitive data is treated as strictly confidential business information under the same obligations that apply to personal data under our Privacy Policy.

This confidentiality obligation survives termination of your account and does not expire.

However, you acknowledge that LeadBabu is a tool, not a compliance service. The Platform does not police, verify, or take responsibility for the commercial arrangements you hold with your clients. Any legal, regulatory, or contractual obligations arising from how you price or present services to your clients are entirely your responsibility. If your jurisdiction imposes disclosure requirements on agencies regarding ad cost markups or pricing transparency, compliance with those requirements is solely your obligation.

5. Acceptable Use

You agree to use the Platform only for lawful business purposes. You must not:

• Use the Platform to facilitate fraud, deceptive advertising practices, or misleading representations to end clients or regulators
• Input data you do not have the legal right to process or that belongs to a party who has not consented to its use
• Attempt to reverse-engineer, scrape, copy, or extract the Platform's underlying code, architecture, or data models
• Resell, sublicense, or white-label access to the Platform to third parties without our express written permission
• Use automated tools, bots, or scripts to interact with the Platform in ways not authorized in these Terms
• Introduce malware, viruses, or any code designed to disrupt, damage, or gain unauthorized access to the Platform
• Violate any applicable law, regulation, or the rights of any third party

Violation of this section may result in immediate account suspension or termination without notice and without refund of any prepaid fees.

6. Intellectual Property

All software, design, interfaces, content, trademarks, and technology comprising the LeadBabu Platform are the exclusive intellectual property of LeadBabu and are protected by applicable intellectual property laws. These Terms do not transfer any ownership interest in the Platform to you.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the Platform solely for your internal business operations in accordance with these Terms.

7. Your Data

You retain full ownership of all data you input into or generate through the Platform, including lead data, campaign data, and client data ("Your Data"). You grant LeadBabu a limited, non-exclusive license to process Your Data solely to deliver the Platform's services to you.

LeadBabu will not:

• Sell or transfer Your Data to any third party for commercial gain
• Use Your Data to build competing products or services
• Use Your Data for advertising, profiling, or AI training
• Access Your Data except as required to provide technical support or maintain Platform infrastructure

Upon account termination, you may request an export of Your Data within 30 days. After that period, data may be deleted from our systems in accordance with our retention policy.

8. Third-Party Integrations

The Platform supports integrations with third-party advertising platforms, CRM tools, and analytics services. These integrations are provided for your convenience and are governed by the respective third party's terms and policies. LeadBabu does not control third-party platforms and is not responsible for their availability, accuracy, data handling practices, or policy changes. Connecting a third-party integration constitutes your authorization for data exchange between the Platform and that service.

9. Fees and Payment

Pricing terms, if applicable, will be set out in a separate order form, subscription agreement, or written confirmation provided to you at the time of account activation. Any fees are non-refundable unless otherwise stated in writing. We reserve the right to change pricing with at least 30 days written notice. Continued use after a pricing change takes effect constitutes acceptance of the new pricing.

10. Service Availability

We target high Platform availability but do not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance where practicable. We reserve the right to modify, suspend, or discontinue any feature or aspect of the Platform with reasonable notice, except in emergencies. In the event of a material reduction in Platform functionality, we will work with affected users to address the impact.

11. Disclaimer of Warranties

The Platform is provided "as is" and "as available". To the fullest extent permitted by law, LeadBabu disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Platform will be error-free, that data will be free from loss or corruption, or that results obtained through the Platform will meet your specific requirements or business outcomes.

12. Limitation of Liability

To the maximum extent permitted by applicable law, LeadBabu's total cumulative liability to you for any claim arising from or related to these Terms or your use of the Platform shall not exceed the greater of: (a) the total fees paid by you to LeadBabu in the 12 months immediately preceding the claim, or (b) $100 USD if no fees have been paid.

In no event shall LeadBabu be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of data, loss of goodwill, or business interruption, even if advised of the possibility of such damages.

LeadBabu is not liable for any losses, claims, penalties, fines, or damages arising from: (a) how an agency prices or presents services to its end clients; (b) disputes between an agency and its end clients regarding billing, performance, or service levels; (c) regulatory or legal actions arising from an agency's own commercial practices.

13. Indemnification

You agree to indemnify, defend, and hold harmless LeadBabu and its directors, officers, employees, and contractors from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your use of the Platform in violation of these Terms; (b) your breach of any representation or warranty in these Terms; (c) your violation of any applicable law or third-party rights; (d) any dispute between you and your end clients; or (e) any regulatory action against you related to your agency's business practices.

14. Termination

Either party may terminate the agreement at any time with written notice. We may suspend or terminate your account immediately and without notice if we reasonably believe you have materially breached these Terms, engaged in fraudulent or illegal activity, or your use poses a risk to the Platform or other users. Upon termination, your license to use the Platform ends immediately. Provisions of these Terms that by their nature should survive termination (including confidentiality, data ownership, indemnification, and limitation of liability) will remain in effect.

15. Changes to These Terms

We may update these Terms from time to time. We will give you at least 14 days notice by email before material changes take effect. If you do not agree to the changes, you may terminate your account before the effective date. Continued use after the effective date constitutes acceptance of the revised Terms.

16. Governing Law and Disputes

These Terms are governed by applicable law. Any dispute arising from or relating to these Terms or your use of the Platform that cannot be resolved through good-faith negotiation within 30 days shall be submitted to binding arbitration. Nothing in this clause prevents either party from seeking urgent injunctive relief in a court of competent jurisdiction.

17. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable, it will be modified to the minimum extent necessary to make it enforceable. The remaining provisions will continue in full force. These Terms, together with our Privacy Policy and any applicable order form or subscription agreement, constitute the entire agreement between you and LeadBabu regarding the Platform and supersede all prior agreements or understandings.

Contact

For questions regarding these Terms:

LeadBabu Legal
Email: legal@leadbabu.com
General: hello@leadbabu.com