Terms of Service

Agreement to these terms

These Terms of Service (the "Terms") form a binding legal agreement between you and Progress & Process (Innovative Technologies) LLC, a Florida limited liability company ("PPIT," "we," "us," "our"), governing your access to and use of Lead Flow Max.

Before you create an account you are shown a link to these Terms, to the Disclaimer, and to the Privacy Policy, and you must tick a box confirming that you agree to them. Ticking that box and clicking to create your account is your electronic signature, and you consent to contract electronically under the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, and Florida's Uniform Electronic Transaction Act, Fla. Stat. §§ 668.50. If you do not agree, do not tick the box and do not use the Service.

The Disclaimer and the Privacy Policy are incorporated into these Terms by reference and form part of this agreement. Where these Terms conflict with either of them on the same subject, these Terms control.

If you are accepting these Terms on behalf of a company or other organisation, you represent that you have authority to bind that organisation, and "you" means that organisation.

Definitions

"Service" means the Lead Flow Max application, website, dashboards, APIs, documentation, and all related features and output.

"Lead Data" means contact records, company records, enrichment fields, and buying signals made available to you through the Service, whether licensed from third-party providers or collected by us from public sources.

"Your Content" means the lists, contacts, campaign copy, brand assets, sending-account credentials, and other material you upload to or supply through the Service.

"Generated Output" means outreach copy and other material the Service produces for you using automated and AI-assisted generation.

"Outreach" means any email, call, text message, or other communication you send, place, or approve using the Service or using data obtained from it.

Eligibility and your account

You must be at least 18 years old and capable of forming a binding contract. The Service is intended for business use only; it is not offered to consumers for personal, family, or household purposes.

You must provide accurate registration information and keep it current. You are responsible for all activity under your account and for keeping your credentials secure. Notify us at once at info@ppitagency.org if you suspect unauthorised access.

One account is for one organisation. You may not share credentials with anyone outside your organisation, sell or transfer your account, or create an account on behalf of a competitor to evaluate the Service.

The Service

Lead Flow Max identifies prospects from buying signals, drafts outreach for them, holds every message for your review, and sends the messages you approve through the sending account you connect. It also provides a dashboard for tracking campaigns and subscription status.

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

We may change, add, or remove features. Where a change materially reduces core functionality you rely on, we will give you reasonable notice by email or in-app notice.

The beta programme

Lead Flow Max is currently offered as a beta. Beta participants receive one month of free access, with no payment card required. You may cancel or opt out at any point during that month.

Beta means the Service is still under development: features may change, break, be renamed, or be withdrawn; data may be reset; and there is no uptime commitment, service level agreement, or support guarantee beyond our published target of a response within two business days.

What happens at the end of the free month. Your account pauses. We will not charge you, and we will not convert you to a paid subscription automatically. To continue, you must affirmatively subscribe by selecting a plan and providing payment details. If you do nothing, access simply ends and your data is retained and then deleted as described in Section 19.

When you leave the beta you may be invited to complete a short exit survey. It is voluntary, and declining does not affect your account.

You may be given access to features labelled beta, preview, or experimental. Those features are provided as-is, may be less reliable than the rest of the Service, and may be withdrawn without notice.

Subscriptions, fees, and billing

Paid plans, their prices, and their included limits are described on our pricing page at the time you subscribe. Prices are in United States dollars and exclude taxes.

Payment processing. Payments are processed by Stripe. We do not collect or store your full card number. Your use of Stripe is subject to Stripe's own terms and privacy policy, and by subscribing you authorise us and Stripe to charge your payment method for the amounts due.

Renewal. Paid subscriptions renew automatically at the end of each billing period at the then-current price, until cancelled. We will disclose the renewal terms clearly at checkout and send a renewal reminder where required by law. You may cancel at any time as described in Section 7.

Price changes. We may change prices. A change takes effect at your next renewal, and we will give you at least 30 days' notice by email first. If you do not accept the new price, cancel before the renewal date.

Taxes. You are responsible for all sales, use, VAT, GST, and similar taxes, other than taxes on our net income. If we are required to collect a tax, it will be added to your invoice.

Failed and late payments. If a charge fails, we may retry it and may suspend your account until payment succeeds. Undisputed amounts more than 15 days overdue may accrue interest at the lower of 1.5% per month or the maximum rate permitted by law.

Usage limits. Plans include limits on leads, enrichment credits, connected sending accounts, seats, and messages. Exceeding a limit may pause the relevant function or incur overage charges, which we will disclose before they apply.

Cancellation and refunds

You may cancel at any time from your account settings, in the same number of steps it took to subscribe, without contacting support and without a retention call. Cancellation takes effect at the end of your current billing period; you keep access until then.

Except where required by law, fees already paid are non-refundable and we do not provide partial refunds for unused time. If we terminate your account for convenience under Section 19, we will refund the unused portion of any prepaid fees.

Beta accounts involve no payment, so nothing is charged or refunded when a beta participant opts out.

Acceptable use

You may not use the Service, or permit anyone to use it, to:

• send unsolicited commercial messages in violation of the CAN-SPAM Act, Fla. Stat. §§ 668.60–668.610, CASL, the GDPR, or any other applicable law;
• place calls or send texts in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227, the Florida Telephone Solicitation Act, Fla. Stat. § 501.059, the Telemarketing Sales Rule, or any state analogue;
• contact anyone who has opted out, revoked consent, asked not to be contacted, or appears on an applicable Do Not Call registry;
• send messages with falsified headers, deceptive subject lines, or a misleading sender identity;
• promote fraud, deceptive schemes, malware, phishing, adult content, illegal goods or services, or content that harasses, defames, or threatens any person;
• upload lists you have no lawful basis to process, or lists obtained by harvesting, dictionary attack, or in breach of another provider's terms;
• resell, sublicence, or provide the Service to third parties as a service bureau, or use it on behalf of clients without a plan that permits it;
• scrape, bulk-export, or systematically extract Lead Data beyond the export features we provide;
• reverse engineer, decompile, or attempt to derive the source code or underlying models of the Service;
• use the Service or its output to build, train, or improve a competing product, dataset, or model;
• probe, scan, or test the vulnerability of the Service, circumvent rate limits or authentication, or interfere with its operation or with other users;
• misrepresent your identity or affiliation, or impersonate any person or organisation in your Outreach.

We may investigate suspected violations and may suspend or terminate access under Section 19. We may also be required to disclose information to law enforcement or a regulator, and will do so only where legally obliged.

Your compliance obligations

You are solely responsible for the lawfulness of your Outreach. In particular, and as set out in more detail in the Disclaimer:

• You are the sender. Where the Service transmits email through your connected sending account, you are the sender and initiator of that message under the CAN-SPAM Act. We are the technical means of transmission acting at your direction, and your approval of a message makes it yours.
• Consent is yours to obtain. We do not obtain, verify, hold, or supply consent for you. The presence of a phone number or email address in Lead Data is not evidence that the person consented to be contacted.
• Suppression and scrubbing are yours to perform. This includes Do Not Call scrubbing, wireless-number identification, and suppression against your own opt-out lists, before you send or dial.
• Message content is yours. Our approval workflow is a drafting and review aid, not a compliance review. Clearing a message in Lead Flow Max is not our confirmation that it is lawful.

We do not provide legal, compliance, tax, or regulatory advice, and nothing in the Service or its templates is legal advice.

Your Content and your data

You retain all ownership of Your Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, and display Your Content solely to provide, secure, and support the Service for you, and to comply with law. This licence ends when you delete the content or close your account, subject to routine backup cycles.

You represent that you have all rights and lawful bases necessary for us to process Your Content as described, and that Your Content does not infringe or misappropriate anyone's rights.

Aggregated data. We may generate aggregated and de-identified statistics about how the Service is used and may use them to operate and improve the Service. We will not attempt to re-identify individuals from such data, and we will not publish it in a form that identifies you, your contacts, or your campaigns.

We do not sell your data. We do not sell your account data or your uploaded contact lists, and we do not use Your Content to train third-party models or to build products for other customers.

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

Our intellectual property

The Service — including its software, source code, interface, design, dashboards, scoring and signal-detection logic, workflows, prompts, documentation, templates, name, and logo — is owned by PPIT and protected by copyright, trademark, trade secret, and other law. Nothing in these Terms transfers any ownership interest in the Service to you.

Lead Data is licensed, not sold, to you, and remains subject to our rights and our providers' rights. Where a data provider's terms restrict how licensed data may be used, exported, resold, or retained, those restrictions flow down to you.

Feedback. If you send us suggestions or feedback, you grant us an unrestricted, perpetual, royalty-free right to use it without obligation to you. We welcome it, and we will not treat it as your confidential information unless you tell us otherwise in writing.

AI-assisted generation

The Service uses automated and AI-assisted generation to draft outreach and to summarise signals. As between you and us, you own the Generated Output for campaigns you approve, and you are responsible for it.

You acknowledge that Generated Output may be inaccurate, may state things about a prospect or a company that are not true, 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.

Review every message. The approval gate exists for this reason. Approving a message is your confirmation that you have read it and take responsibility for it.

Third-party services and integrations

The Service connects to third-party services, including your email provider or sending infrastructure, payment processing by Stripe, hosting and analytics by our hosting provider, and third-party data and enrichment providers.

When you connect an account, you authorise us to access it to the extent needed to provide the Service, and you confirm you have the right to grant that access. Your use of a third-party service is governed by that provider's own terms and privacy policy, not by these Terms. We are not responsible for third-party services, their availability, their data practices, or any change they make, and a third-party service becoming unavailable does not entitle you to a refund.

A current list of the subprocessors we use is maintained in the Privacy Policy.

Confidentiality

Each party may receive information the other treats as confidential, including your campaign data and lists and our non-public product, pricing, and technical information. Each party agrees to protect the other's confidential information with at least reasonable care, to use it only for purposes of this agreement, and not to disclose it except to personnel and contractors who need it and are bound by similar obligations.

These obligations do not apply to information that is public through no fault of the receiving party, was already known to it, is independently developed, or is lawfully received from a third party. A party may disclose confidential information where legally compelled, after giving the other reasonable notice where permitted.

Privacy and data processing

Our handling of personal data is described in the Privacy Policy, which forms part of these Terms.

Where you upload contact lists or otherwise process personal data about individuals through the Service, you act as the controller of that data and we act as your processor. We process it only on your documented instructions, which these Terms and your use of the Service constitute. You are responsible for having a lawful basis, for giving individuals any notice they are owed, and for honouring their rights.

If you require a separate data processing addendum — because you process the personal data of individuals in the EU or UK, or because your own customers require one — contact us and we will provide our standard DPA for signature.

If you receive a data rights request concerning data held in the Service and need our help to respond, contact us and we will assist within the timeframes applicable law allows.

Disclaimers and no warranty

The Service, Lead Data, and Generated Output are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express, implied, or statutory, including implied warranties 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, that defects will be corrected, or that Lead Data is accurate, current, complete, or lawful for you to use. We do not guarantee any business result — no revenue, pipeline, reply rate, meeting, or deliverability outcome. Any figures, benchmarks, or case studies we publish are illustrative and are not a prediction of your results.

The Disclaimer sets out these limitations in full and is incorporated here.

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 — on any theory of liability, even if advised of the possibility.

Cap. Our total aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total fees you paid us 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, where no fees are paid, clause (b) applies.

Claims arising from your Outreach. We are not liable for any claim, statutory penalty, settlement, judgment, or defence cost arising from messages you sent or approved, calls or texts you placed, or Lead Data you used — including claims under the TCPA, the CAN-SPAM Act, Fla. Stat. § 501.059, or Fla. Stat. §§ 668.60–668.610.

Some jurisdictions do not allow certain exclusions or limitations. Where that is so, the above apply to the fullest extent permitted, and nothing here limits liability for fraud, wilful misconduct, or any liability that cannot lawfully be limited. These limitations are a fundamental basis of the bargain and apply even if a limited remedy fails of its essential purpose.

Indemnification

You agree to defend, indemnify, and hold harmless PPIT and its members, officers, employees, contractors, licensors, and data providers from any claim, demand, investigation, proceeding, loss, liability, damage, penalty, or expense — including reasonable attorneys' fees — arising out of or relating to:

• your Outreach, including any email, call, or text 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 privacy or data protection law, or of any data provider's terms;
• Your Content, including any claim that it infringes or misappropriates a third party's rights;
• your breach of these Terms or of the Disclaimer.

We will notify you of any claim subject to this section and may participate in the defence with counsel of our choosing at our expense. You may not settle a claim in a way that imposes an obligation or admission on us without our prior written consent.

Term, suspension, and termination

These Terms apply from the moment you create an account until your account is closed.

You may terminate at any time by cancelling from account settings or by closing your account.

We may suspend your access immediately, with notice where practicable, if we reasonably believe you have breached Section 8, if your use threatens the security, integrity, or deliverability reputation of the Service or other users, if payment is overdue, or if we are required to do so by law.

We may terminate for material breach that is not cured within 10 days of notice, or for convenience on 30 days' notice, in which case we will refund the unused portion of any prepaid fees.

On termination your licence ends and access stops. You may export Your Content at any time before termination, and we will make it available for export for 30 days afterwards on request. We will then delete or de-identify Your Content within 90 days, except where retention is required by law or for the establishment or defence of legal claims, and subject to routine backup cycles.

Survival. Sections 10 (ownership), 11, 14, 16, 17, 18, 20, 21, and 22 survive termination, along with any payment obligation accrued before it.

Dispute resolution and arbitration

Informal resolution first

Before starting an arbitration, you agree to contact us at info@ppitagency.org with a written description of the dispute and the relief you seek, and to give us 30 days to try to resolve it. We will do the same before bringing a claim against you. This step is a condition of filing.

Agreement to arbitrate

If the dispute is not resolved, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, as modified by this section. The Federal Arbitration Act governs the interpretation and enforcement of this section.

The arbitration will be conducted by a single arbitrator. It will take place in Miami-Dade County, Florida, or by videoconference or on documents alone if you prefer. The arbitrator may award any relief a court could award to that individual party, and judgment on the award may be entered in any court of competent jurisdiction. The arbitrator, not a court, decides questions of arbitrability, except as stated below.

Class action and jury trial waiver

All claims must be brought on an individual basis only. Neither you nor we may bring a claim as a plaintiff or class member in a class, collective, consolidated, or representative action, and the arbitrator may not consolidate claims or preside over any form of representative proceeding. You and we waive any right to a jury trial. If this class waiver is found unenforceable as to a particular claim, that claim — and only that claim — will proceed in court under Section 21, and the rest of this section remains in force.

Exceptions

This section does not apply to: (a) claims that qualify for small claims court, which either party may bring there instead; (b) claims for injunctive or equitable relief to stop infringement or misuse of intellectual property or confidential information, which either party may bring in court; or (c) any claim that applicable law does not permit to be arbitrated.

Costs

Each party pays its own attorneys' fees and costs unless the arbitrator awards otherwise under applicable law. Filing and arbitrator fees are allocated under the AAA rules; where those rules would make arbitration prohibitively expensive for you compared with litigation, we will pay the portion the arbitrator determines is necessary to prevent that.

Your right to opt out

You may opt out of this arbitration agreement by emailing info@ppitagency.org with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms, stating your name and the email address on your account. Opting out affects nothing else in these Terms, and we will not treat it as a reason to refuse or end service. If you opt out, disputes are resolved in court under Section 21.

Time limit

Any claim must be brought within one year after it arises, or it is permanently barred, to the extent applicable law permits such a limit.

Governing law, changes, and general terms

Governing law and venue

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. For any claim not subject to arbitration, the exclusive venue is the state or federal courts in Miami-Dade County, Florida, and each party consents to personal jurisdiction there and waives any inconvenient-forum objection.

Changes to these Terms

We may update these Terms. For material changes we will give at least 30 days' notice by email or in-app notice before they take effect, and update the effective date above. Continued use after the effective date means you accept the updated Terms; if you do not, cancel before then. Changes do not apply retroactively to a dispute already notified. A material change to Section 20 gives you a fresh 30-day right to opt out of arbitration.

General

Entire agreement. These Terms, with the Disclaimer and Privacy Policy, are the entire agreement between us on this subject and supersede all prior discussions, including any earlier beta terms.

Severability. If a provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the rest remains in force.

No waiver. Failure to enforce a provision is not a waiver of it.

Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets, on notice to you.

Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, excluding payment obligations.

Relationship. The parties are independent contractors. Nothing creates a partnership, agency, joint venture, or employment relationship, and there are no third-party beneficiaries other than the indemnified parties named in Section 18.

Notices. We may give notice by email to your account address or by in-app notice. You give notice to us at info@ppitagency.org. Notice is effective when sent.

Export and sanctions. You represent that you are not located in, and will not use the Service on behalf of anyone in, a country or organisation subject to United States embargo or sanctions.

Contact us

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