Disclaimer & Notice of User Responsibilities

How this disclaimer fits with our Terms

This Disclaimer is part of, and incorporated by reference into, the Lead Flow Max Terms of Service, which you accept when you create an account. It is not a substitute for those Terms. Where this page and the Terms of Service address the same subject, the Terms of Service control.

You are shown a link to this Disclaimer and to the Terms of Service before you complete signup, and you must affirmatively check the acceptance box to create an account. If you do not agree to them, do not create an account and do not use the Service.

In this Disclaimer, "Lead Flow Max" or the "Service" means the Lead Flow Max application and all associated features, data, and output; "we" and "us" mean Progress & Process (Innovative Technologies) LLC, a Florida limited liability company; and "you" means the individual or entity using the Service.

No guarantee of results

Lead Flow Max is a prospecting and outreach tool. It is not a promise of revenue, pipeline, reply rates, meetings booked, deliverability, or any other business outcome.

Nothing in the Service, on our website, in our marketing, in any dashboard projection, or in any figure quoted by a member of our team constitutes a guarantee, warranty, or representation that you will achieve any particular result. Any performance figures, benchmarks, case studies, or example outcomes we publish are illustrative only. They reflect specific circumstances that will not be yours, and they are not a prediction of your results.

Outbound results depend on your offer, your market, your list quality, your sending infrastructure and domain reputation, your follow-up, and factors outside anyone's control. We do not control those things and we do not warrant them.

Lead data is provided without warranty

The contact records, company records, enrichment fields, and buying signals that Lead Flow Max surfaces are provided "as is" and "as available." We make no representation or warranty that any lead or data point is accurate, current, complete, verified, lawfully obtainable in your jurisdiction, or suitable for your intended use.

Specifically, and without limiting the above, we do not warrant that:

• an email address is valid, deliverable, in use, or belongs to the named individual;
• a phone number is accurate, currently assigned, a landline rather than a wireless number, or absent from any federal, state, or internal Do Not Call registry;
• a person named in a record still holds the role, title, or employer shown;
• a detected "signal" reflects an actual intent to buy, or reflects anything at all;
• a record is free of individuals who have previously opted out, revoked consent, or asked not to be contacted;
• contacting any record is lawful for you, in your industry, or in the recipient's jurisdiction.

Third-party data sources

Some data in Lead Flow Max is licensed from third-party data providers and enrichment vendors. Other data is collected by us from publicly available web sources and signal detection. In both cases, we are an intermediary passing data through to you — we are not the originator of the underlying information and we cannot independently verify it.

We disclaim all liability for the acts, omissions, data practices, collection methods, and accuracy of any third-party data provider. Where a provider's own terms impose restrictions on how licensed data may be used, exported, resold, or retained, those restrictions flow down to you and you agree to comply with them. We will make current provider restrictions available on request.

We are not liable, to any person, for how you use data obtained through the Service. Any claim, demand, regulatory action, or statutory penalty arising from your outreach — including any claim by a recipient under the TCPA, the CAN-SPAM Act, or any state analogue — is your responsibility, not ours. See Section 14.

Email outreach: CAN-SPAM and Florida law

Where Lead Flow Max transmits email through your connected mailbox or sending account, you are the sender and the initiator of that message as those terms are used in the CAN-SPAM Act of 2003, 15 U.S.C. §§ 7701–7713, and its implementing rules at 16 C.F.R. Part 316. We act solely as the technical means of transmission at your direction. You approve every message before it sends; approving it makes it yours.

As the sender, you are responsible for ensuring that each message:

• contains accurate and non-deceptive header information, "from" and "reply-to" addresses, and originating domain;
• carries a subject line that is not misleading as to the contents or subject matter of the message;
• identifies itself as an advertisement or solicitation where required;
• includes a valid physical postal address for your business;
• includes a clear, functioning opt-out mechanism, and that opt-out requests are honored within ten business days;
• is not sent to an address harvested through automated means or generated by dictionary attack.

The same duties of accuracy apply under Florida's Electronic Mail Communications Act, Fla. Stat. §§ 668.60–668.610, which prohibits falsified transmission or routing information and misleading subject lines in commercial email, and under the analogous statutes of other states whose residents you contact.

Calls, texts, and phone data: the TCPA

Lead Flow Max may surface telephone numbers as part of a contact record. It surfaces them; it does not authorize you to use them. Telephone and text-message outreach is among the most heavily litigated areas of US marketing law, and the exposure created by a single non-compliant campaign can be substantial.

If you call or text any number obtained through the Service, you alone are responsible for compliance with:

• the Telephone Consumer Protection Act, 47 U.S.C. § 227, and the FCC's implementing rules at 47 C.F.R. § 64.1200 — including the prior express written consent required before autodialed or prerecorded marketing calls and texts to wireless numbers;
• the National Do Not Call Registry and all applicable state Do Not Call lists, plus your own internal do-not-call list;
• the FTC's Telemarketing Sales Rule, 16 C.F.R. Part 310;
• the Florida Telephone Solicitation Act, Fla. Stat. § 501.059 — which requires prior express written consent for telephonic sales calls made using an automated system, an artificial or prerecorded voice, or a voicemail transmission, requires that text senders honor a "STOP" reply within 15 days, and gives the called party a private right of action for the greater of actual damages or $500 per violation, trebled for willful or knowing violations;
• the "mini-TCPA" and telemarketing statutes of every other state whose residents you contact, several of which impose calling-time windows, registration requirements, and their own private rights of action.

Your other compliance obligations

Beyond email and telephone rules, you are solely responsible for your compliance with all laws applicable to your outreach and to your use of the Service, including:

• Section 5 of the FTC Act and Florida's Deceptive and Unfair Trade Practices Act, Fla. Stat. §§ 501.201–501.213, and the equivalent consumer-protection statutes of other states;
• industry-specific rules that may govern your solicitations — including financial services, insurance, healthcare, legal services, debt relief, and mortgage lending;
• data protection law applicable to the people you contact, including the GDPR and UK GDPR where you contact individuals in the EU or UK, Canada's Anti-Spam Legislation (CASL) where you contact recipients in Canada, and applicable US state privacy statutes;
• any professional, regulatory, or contractual restriction that applies to you.

We do not provide legal, compliance, tax, or regulatory advice. Nothing in the Service, in our documentation, in our templates, or in this page is legal advice, and no statement by us creates an attorney-client relationship. If you are unsure whether your intended outreach is lawful, consult qualified counsel before you send.

Intellectual property

Lead Flow Max — including its software, source code, user interface, design, dashboards, scoring and signal-detection logic, workflows, prompt engineering, documentation, templates, name, and logo — is owned by Progress & Process (Innovative Technologies) LLC and is protected by copyright, trademark, trade secret, and other intellectual property law. Nothing in this Disclaimer or in your use of the Service transfers any ownership interest to you.

Subject to your compliance with the Terms of Service and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your own internal business purposes for the duration of your subscription.

You may not copy, modify, translate, reverse engineer, decompile, or create derivative works from the Service; resell, sublicence, rent, or provide the Service to third parties as a service bureau; scrape, bulk-export, or systematically extract data from the Service beyond the export features we provide; use the Service to build or train a competing product or model; or remove any proprietary notice.

Your content and generated output

You retain ownership of the lists, contacts, campaign copy, brand assets, and other materials you upload or supply ("Your Content"). You grant us a limited licence to host, process, transmit, and display Your Content solely to operate the Service for you.

As between you and us, you own the outreach copy that Lead Flow Max generates for your campaigns and approves for sending, and you are responsible for it. Because the Service uses automated and AI-assisted generation, output may be inaccurate, may resemble output generated for other users, and may not be eligible for copyright protection in every jurisdiction. We make no representation that generated output is original, accurate, non-infringing, or fit for any purpose, and you are responsible for reviewing every message before you approve it.

Lead and company data made available through the Service remains subject to our rights and our providers' rights and is licensed, not sold, to you.

Data protection and security

We take the confidentiality of your account and campaign data seriously, and we have implemented safeguards appropriate to a service of this size and stage:

• data is encrypted in transit using TLS, and stored on infrastructure operated by our hosting provider with access restricted to authorised personnel;
• beta account records are held in a private, access-restricted store, separate from application data;
• we collect the minimum data needed to operate the Service, and we do not sell your account data or your uploaded contact lists;
• analytics are handled within our hosting platform rather than being passed to third-party advertising networks.

What we do not claim. Lead Flow Max does not currently hold SOC 2, ISO 27001, HIPAA, PCI DSS, or any other third-party security certification or attestation, and we do not represent that it does. No method of transmission or storage is completely secure, and we cannot and do not guarantee that the Service is invulnerable to unauthorised access, breach, or loss. If your business is subject to a regulatory framework that requires a certified processor, do not place regulated data in the Service.

Privacy and personal data

How we collect, use, retain, and share personal data — including data about your account, and personal data contained in leads processed through the Service — is described in our Privacy Policy, which forms part of our agreement with you and should be read alongside this Disclaimer.

Where you upload contact lists or process personal data about individuals through the Service, you act as the controller of that data and we act as your processor. You are responsible for having a lawful basis to collect and process that data, for providing any notice the individual is owed, and for honouring the rights they hold — including rights of access, correction, deletion, and opt-out under the Florida Digital Bill of Rights, Fla. Stat. §§ 501.701–501.716, and other applicable state privacy statutes, to the extent those laws apply to you.

If you receive a rights request that concerns data held in Lead Flow Max and you need our help to respond, contact us at the address in Section 17 and we will assist within the timeframes those laws allow.

Beta service — availability and changes

Lead Flow Max is currently offered as a beta service. Beta means what it says: features may change, break, be renamed, or be withdrawn; data may be reset; and the Service is provided without any uptime commitment, service level agreement, or support guarantee beyond the response target published on our support page.

The Service is provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express, implied, or statutory, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranty arising from course of dealing or trade usage. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free.

You are responsible for maintaining your own copies of any data you would not want to lose.

Limitation of liability

To the maximum extent permitted by applicable law:

No indirect damages. Neither we nor our members, officers, employees, contractors, licensors, or data providers will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost pipeline, lost business opportunity, lost or corrupted data, business interruption, reputational or domain-reputation harm, or the cost of substitute services — regardless of the theory of liability and even if we have been advised of the possibility of such damages.

Cap on direct damages. Our total aggregate liability for all claims arising out of or relating to the Service or this Disclaimer will not exceed the greater of (a) the total fees you paid us for the Service in the twelve months preceding the event giving rise to the claim, or (b) one hundred United States dollars (US$100). During the free beta period, where no fees are paid, clause (b) applies.

Claims from your outreach. Without limiting the above, we are not liable for any claim, penalty, settlement, judgment, or defence cost arising from messages you sent, calls or texts you placed, or data you used — including statutory damages under the TCPA, the CAN-SPAM Act, Fla. Stat. § 501.059, Fla. Stat. § 668.60, or any state analogue.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. Where that is the case, the exclusions and limitations above apply to the fullest extent those laws permit, and nothing here limits liability for fraud, wilful misconduct, or any liability that cannot lawfully be limited.

Indemnification

You agree to defend, indemnify, and hold harmless Progress & Process (Innovative Technologies) LLC and its members, officers, employees, contractors, licensors, and data providers from and against any claim, demand, investigation, proceeding, loss, liability, damage, penalty, or expense — including reasonable attorneys' fees and costs — arising out of or relating to:

• your use of the Service, including any email, call, or text message you sent or approved;
• your violation of the TCPA, the CAN-SPAM Act, the Telemarketing Sales Rule, Fla. Stat. § 501.059, Fla. Stat. §§ 668.60–668.610, or any other law applicable to your outreach;
• your violation of any data protection or privacy law, or of any third-party data provider's terms;
• Your Content, including any list you uploaded and any claim that it infringes or misappropriates a third party's rights;
• your breach of this Disclaimer or the Terms of Service.

We will notify you of any claim subject to this section, and you will not settle any claim in a way that imposes an obligation or admission on us without our prior written consent.

Governing law and venue

This Disclaimer and any dispute arising out of or relating to it or to the Service are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

You and we agree that the exclusive venue for any action shall be the state or federal courts located in Miami-Dade County, Florida, and each party consents to the personal jurisdiction of those courts and waives any objection based on inconvenient forum.

If any provision of this Disclaimer is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the remaining provisions will remain in full force.

Changes to this disclaimer

We may update this Disclaimer as the Service changes or as the law does. When we make a material change, we will update the effective date at the top of this page and notify account holders by email or in-app notice before the change takes effect. Continued use of the Service after the effective date of a change means you accept the updated Disclaimer. Prior versions are available on request.

Contact us

Questions about this Disclaimer, requests for prior versions, provider restrictions, or assistance with a data rights request:

Progress & Process (Innovative Technologies) LLC
info@ppitagency.org
We aim to respond within two business days.

Progress & Process (Innovative Technologies) LLC
7901 4th St N, Ste 300
St. Petersburg, FL 33702
United States