Terms of Service

1. Introduction

Welcome to Leadita! These Terms of Service ("Terms") govern your access to and use of the Leadita website (leadita.com), our services, and any related applications (collectively, the "Services"). The Services are provided by Fouita ("Company", "we", "us", or "our").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree with any part of the Terms, you must not access or use the Services.

2. User Accounts

To access certain features of the Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for any activities or actions under your account.

3. Subscriptions, Payments, and Renewals

Our Services are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or the Company cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting customer support.

A valid payment method is required to process the payment for your Subscription. We use a third-party payment processor, Paddle, to handle all payments.

4. Cancellation and Termination

You may cancel your Subscription at any time. The cancellation will take effect at the end of the current Billing Cycle, and you will have access to the Service until the end of that cycle.

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to a breach of the Terms.

5. Refund Policy

We offer a 14-day money-back guarantee. If you are not satisfied with our service, you may request a refund within 14 days of your initial purchase. To be eligible for a refund, your usage of purchased lead credits must not exceed 50% of the total credits purchased.

Refunds will be processed for the remaining credit value on your account, provided that the refund request is made within the 14-day period and the usage condition is met.

6. Use of the Services

You may use the Services only for your personal or internal business purposes, and in compliance with all applicable laws and regulations. You agree not to:

• Modify, copy, or create derivative works based on the Services.
• Distribute, sell, sublicense, or otherwise transfer any rights to the Services.
• Use the Services in any manner that could disable, overburden, or impair the Site.
• Attempt to gain unauthorized access to any part of the Services or its related systems or networks.

7. Intellectual Property

The Services and all original content, features, and functionality are and will remain the exclusive property of the Company and its licensors. The Services are protected by copyright, trademark, and other laws of both Tunisia and foreign countries.

8. Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of Tunisia, without regard to its conflict of law provisions.

10. Limitation of Liability & Disclaimers

The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of their Services, or the information, content, or materials included therein. You expressly agree that your use of the Services is at your sole risk.

To the full extent permissible by applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Company does not warrant that the Services, its servers, or e-mail sent from the Company are free of viruses or other harmful components. The Company will not be liable for any damages of any kind arising from the use of the Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

In no event shall the Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

11. Data Accuracy & Quality Disclaimers

Leadita strives to provide accurate and high-quality lead data. However, due to the dynamic nature of public information and the methods of data collection, we cannot guarantee the absolute accuracy, completeness, or timeliness of all data provided through our Services.

You acknowledge that the data is compiled from various sources and may contain errors or omissions. Leadita shall not be held responsible for any decisions made or actions taken based on the data provided by the Services. It is your responsibility to verify the accuracy of any data before relying on it for critical business operations.

12. User Compliance Responsibilities

You are solely responsible for ensuring that your use of the data obtained through Leadita's Services complies with all applicable laws and regulations, including but not limited to:

• Anti-Spam Laws: Such as the CAN-SPAM Act (US), GDPR (EU), CASL (Canada), and similar regulations in other jurisdictions. You must obtain necessary consent before sending unsolicited commercial electronic messages.
• Privacy Laws: Including GDPR, CCPA/CPRA, and other data protection laws regarding the collection, processing, and use of personal data.
• Telemarketing Laws: Such as the TCPA (US) and similar regulations governing unsolicited calls and texts.
• Industry-Specific Regulations: Any laws or guidelines specific to your industry or the industries of the leads you are contacting.

You agree to indemnify and hold harmless Leadita from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your non-compliance with any applicable laws or regulations in your use of the Services or the data obtained therefrom.

13. Service Level Expectations

While Leadita strives for maximum uptime and reliability, we do not guarantee uninterrupted access to our Services. Service availability may be affected by scheduled maintenance, unforeseen technical issues, or factors beyond our reasonable control.

• Uptime: We aim for 99.5% uptime for our core services, excluding scheduled maintenance.
• Maintenance: Scheduled maintenance will typically be performed during off-peak hours and, where possible, with prior notice.
• API Limits: Access to certain features, including API usage, may be subject to rate limits to ensure fair usage and system stability. Details on specific rate limits will be provided in our API documentation. Exceeding these limits may result in temporary suspension of access.

Leadita will make reasonable efforts to resolve any service interruptions promptly. However, we shall not be liable for any losses or damages incurred due to service unavailability.

14. Indemnification Clause

You agree to defend, indemnify and hold harmless the Company and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

15. Force Majeure

The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference), acts of God, fires, floods, accidents, acts of war, governmental action, or inability to obtain materials or services.

16. Dispute Resolution

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Tunisia in accordance with the laws of Tunisia.

The parties agree that the courts of Tunisia shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

17. API Terms

If you access Leadita's services via an API, your use is subject to these Terms and any specific API documentation or guidelines provided by Leadita.

• Rate Limits: API usage is subject to rate limits, which may vary based on your subscription plan. Exceeding these limits may result in temporary suspension of API access.
• Security: You are responsible for maintaining the security of your API keys and credentials. Any activity occurring under your API key is your sole responsibility.
• Prohibited Use: The API may not be used for any illegal, unethical, or unauthorized purposes, including but not limited to spamming, data scraping of non-public information, or any activity that violates the privacy or rights of others.

Leadita reserves the right to modify or terminate API access at any time, with or without notice, for any reason, including but not limited to violations of these Terms.

18. Acceptable Use Policy

In addition to the "Use of the Services" section, you agree not to use the Services to:

• Engage in any form of spamming, including sending unsolicited emails, messages, or other communications using data obtained from Leadita.
• Attempt to circumvent any rate limits, security measures, or access controls implemented by Leadita.
• Collect or process data in a manner that violates any applicable privacy laws or regulations.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt the integrity or performance of the Services or data contained therein.
• Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

Violation of this Acceptable Use Policy may result in immediate termination of your account and access to the Services.

19. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

20. Contact Us

If you have any questions about these Terms, please contact us:

• Email: [email protected]
• Address: El Manar, Kairouan 3100, Tunisia
• Legal Entity: Fouita

For more information, please refer to our Privacy Policy.