Terms of Service

1. Acceptance of Terms

By accessing and using PlexLead's business intelligence and lead generation platform ("the Service"), you accept and agree to be bound by these terms of service. If you do not agree to these terms, please do not use this service. The Service is provided by Commoner Apps.

2. Description of Service

PlexLead is a business intelligence and lead generation platform that:

• Uses Google Places API and other public data sources to discover business information
• Extracts publicly available contact information from business websites
• Provides tools for organizing, analyzing, and exporting business contact data
• Facilitates email outreach and communication with business prospects
• Utilizes artificial intelligence and machine learning technologies (including Google Gemini AI) for content generation, data analysis, and business intelligence features
• Provides automated lead generation scheduling and management systems
• Offers advanced analytics, engagement tracking, and business intelligence dashboards
• All data collected is from publicly available sources only

IMPORTANT DISCLAIMER: The Service is provided as a software tool only. Commoner Apps does not guarantee the accuracy, completeness, legality, or usefulness of any data, AI-generated content, or analysis provided through the Service.

3. User Accounts and Responsibilities

• You must provide accurate information when creating an account
• You are solely responsible for maintaining account security and confidentiality
• You are responsible for all activities that occur under your account
• You must immediately notify us of any unauthorized access
• One person or entity per account - no account sharing

4. Acceptable Use and Legal Compliance

YOU AGREE TO USE THE SERVICE ONLY FOR LEGITIMATE BUSINESS PURPOSES AND IN COMPLIANCE WITH ALL APPLICABLE LAWS.

You agree NOT to use the Service to:

• Send unsolicited emails (spam) or violate anti-spam laws (CAN-SPAM, GDPR, etc.)
• Harass, stalk, or engage in unwanted communications
• Violate any applicable laws, regulations, or third-party rights
• Collect data for illegal purposes or unauthorized data brokerage
• Attempt to circumvent rate limits or API restrictions
• Reverse engineer, modify, or attempt to access our source code
• Use automated scripts to overload or disrupt our systems
• Violate Google's Terms of Service or API usage policies

5. Data Sources, AI Processing, and Accuracy Disclaimers

• PUBLIC DATA ONLY: All business data is sourced from publicly available information
• NO ACCURACY GUARANTEE: We provide no warranties regarding the accuracy, completeness, currency, or reliability of any data
• THIRD-PARTY SOURCES: Data comes from Google Places API, public websites, AI systems (including Google Gemini), and other public sources
• AI-GENERATED CONTENT DISCLAIMER: Content generated by artificial intelligence may be inaccurate, inappropriate, biased, or harmful - you use it at your own risk
• USER VERIFICATION REQUIRED: You must verify ALL data and AI-generated content before any business use
• NO LIABILITY FOR DATA: We are not responsible for any consequences arising from outdated, incorrect, incomplete, or AI-generated information
• AUTOMATED SYSTEMS: Our automated and AI systems may produce unexpected or unintended results

ARTIFICIAL INTELLIGENCE DISCLAIMER: AI and machine learning systems are experimental technologies that may produce unpredictable results. Use all AI-generated content at your own risk and verify accuracy before use.

6. Email Marketing Compliance and AI-Generated Content

YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR:

• ALL email outreach activities and legal compliance
• ALL content sent to third parties, whether created by you or generated by AI
• VERIFICATION of AI-generated content before use
• COMPLIANCE with all applicable laws regarding AI-generated communications

COMMONER APPS DISCLAIMS ALL LIABILITY FOR AI-generated content, email campaigns, and user communications.

6.1 Anti-Spam Law Compliance

• CAN-SPAM ACT: All emails must comply with US CAN-SPAM Act requirements
• GDPR: European recipients require explicit consent under GDPR
• CASL: Canadian recipients require compliance with Canadian Anti-Spam Legislation
• SENDER IDENTIFICATION: Include accurate sender name and physical address
• UNSUBSCRIBE MECHANISM: Provide clear, working unsubscribe links (we provide these automatically)
• SUBJECT LINE ACCURACY: Subject lines must accurately describe email content

6.2 Email Platform Responsibilities

• SMTP PROVISION: You must provide your own SMTP server credentials
• DELIVERY RESPONSIBILITY: We are not responsible for email deliverability
• BOUNCE HANDLING: You must monitor and handle email bounces
• SUPPRESSION LISTS: Maintain and respect unsubscribe/suppression lists
• CONSENT RECORDS: Keep records of how you obtained consent to email recipients

6.3 Prohibited Email Practices

• Sending unsolicited bulk commercial email (spam)
• Using deceptive subject lines or sender information
• Continuing to email after unsubscribe requests
• Purchasing or using email lists without proper consent verification
• Sending emails to role-based addresses (info@, admin@, etc.) without consent

7. Data Privacy and Protection

7.1 Your Data

• ACCOUNT DATA: We collect and store your account information, usage data, and preferences
• SEARCH DATA: Your search queries, results, and exports are stored in your account
• EMAIL DATA: Email templates, campaign data, and sending history are stored
• USAGE ANALYTICS: We collect anonymized usage data to improve our service

7.2 Data Protection Rights

• ACCESS: You can export all your data using our GDPR export feature
• RECTIFICATION: You can update or correct your personal information
• ERASURE: You can request deletion of your account and data
• PORTABILITY: You can export your data in machine-readable format
• OBJECTION: You can opt out of certain data processing activities

7.3 Data Security

• All data is encrypted in transit and at rest using industry-standard encryption
• We use Google Firebase for secure, SOC 2 compliant data storage
• Access to user data is restricted to authorized personnel only
• Regular security audits and monitoring are performed
• Data breaches will be reported within 72 hours as required by law

7.4 Third-Party Data

• PUBLIC SOURCES ONLY: We only collect data that is publicly available
• NO PRIVATE DATA: We do not access private databases or proprietary datasets
• USER RESPONSIBILITY: You are responsible for respecting third-party privacy rights
• REMOVAL REQUESTS: Third parties may request removal of their data

8. Service Limitations and Availability

• NO UPTIME GUARANTEE: Service availability is not guaranteed
• API DEPENDENCIES: Service depends on third-party APIs (Google Places) which may have restrictions or outages
• RATE LIMITS: Usage limits apply to prevent abuse and comply with API restrictions
• BETA FEATURES: Some features may be in testing phases and subject to change
• We reserve the right to modify, suspend, or discontinue features at any time

8. Payment Terms and Subscription

• SUBSCRIPTION PLANS: Services are offered via monthly or annual subscription plans
• BILLING: Subscription fees are charged in advance and are non-refundable
• AUTO-RENEWAL: Subscriptions automatically renew unless cancelled before renewal date
• USAGE LIMITS: Each plan includes specific usage limits (searches, emails, data exports)
• OVERAGE FEES: Usage beyond plan limits may incur additional charges at standard rates
• PAYMENT METHODS: We accept major credit cards via Stripe payment processing
• CANCELLATION: You may cancel your subscription at any time; access continues until end of billing period
• PRICE CHANGES: We may modify pricing with 30 days notice to existing subscribers
• TAXES: You are responsible for all applicable taxes related to your subscription
• FAILED PAYMENTS: Service may be suspended immediately for failed payments

9. Intellectual Property

• The Service, platform, and our proprietary algorithms are owned by Commoner Apps
• You retain ownership of data you input into the Service
• Business data sourced from public sources is not owned by us or you
• You may not reproduce, distribute, or create derivative works of our platform

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMMONER APPS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO:

• NO LIABILITY FOR ANY DAMAGES: We disclaim all liability for direct, indirect, incidental, consequential, punitive, special, or exemplary damages of any kind
• NO LIABILITY FOR BUSINESS LOSSES: Loss of profits, revenue, business opportunities, data, goodwill, or business interruption
• NO LIABILITY FOR USER COMPLIANCE: Your failure to comply with applicable laws, regulations, or third-party terms
• NO LIABILITY FOR DATA ACCURACY: Inaccurate, outdated, incomplete, or misleading data from any source
• NO LIABILITY FOR AI/ML OUTPUTS: Content, analysis, or recommendations generated by artificial intelligence or machine learning systems
• NO LIABILITY FOR THIRD-PARTY SERVICES: Actions, failures, or policies of Google, Firebase, Gemini AI, or any other third-party service
• NO LIABILITY FOR SYSTEM AVAILABILITY: Service outages, downtime, technical failures, or system limitations
• NO LIABILITY FOR EMAIL DELIVERY: Email deliverability, spam filtering, or communication failures
• NO LIABILITY FOR USER ACTIONS: How you use data, conduct outreach, or communicate with third parties
• NO LIABILITY FOR DATA SECURITY: While we implement security measures, we cannot guarantee absolute security
• MAXIMUM LIABILITY: In no event shall our total liability exceed $50 or the amount paid by you in the past 3 months, whichever is lower

THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

11. User Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMMONER APPS FROM ALL CLAIMS ARISING FROM:

• Your use or misuse of the Service
• Your violation of these Terms or applicable law
• Your outreach activities and communications sent using our platform
• Any privacy or data protection violations you commit
• Any spam complaints or legal actions related to your communications
• Your breach of any third-party rights

12. Account Termination and Suspension

WE RESERVE THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCOUNT IMMEDIATELY WITHOUT NOTICE OR LIABILITY FOR ANY REASON OR NO REASON AT OUR SOLE DISCRETION.

12.1 Immediate Termination

We may immediately terminate or suspend your account without notice for:

• Violation of these Terms of Service
• Spam complaints or anti-spam law violations
• Illegal use of the Service
• Abuse of our systems, APIs, or infrastructure
• Exceeding usage limits by more than 300% without payment
• Non-payment of subscription fees or overage charges
• Security threats or unauthorized access attempts
• Any reason at our sole discretion to protect our service or other users

12.2 Account Suspension

We may temporarily suspend your account for:

• Investigation of potential Terms violations
• Outstanding payment issues (restored upon payment)
• Suspicious activity or security concerns
• Technical issues requiring account isolation

12.3 Data Retention After Termination

• Upon termination, your access to the Service is immediately revoked
• Your data will be retained for 30 days to allow for reactivation
• After 30 days, all user data will be permanently deleted
• You may request immediate data deletion upon account closure
• We may retain aggregated, anonymized usage data for business purposes

13. Comprehensive Disclaimers

THE SERVICE IS PROVIDED STRICTLY "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

13.1 Complete Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• ACCURACY, RELIABILITY, OR COMPLETENESS OF DATA OR AI-GENERATED CONTENT
• UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION
• RESULTS OBTAINED FROM USE OF THE SERVICE
• COMPLIANCE WITH LAWS OR REGULATIONS
• COMPATIBILITY WITH YOUR SYSTEMS OR REQUIREMENTS

13.2 AI and Machine Learning Disclaimers

• EXPERIMENTAL TECHNOLOGY: AI features are experimental and may produce unreliable results
• NO HUMAN OVERSIGHT: AI-generated content is produced without human review
• BIAS AND ERRORS: AI systems may exhibit bias, generate false information, or make inappropriate suggestions
• THIRD-PARTY AI: We have no control over third-party AI systems (like Google Gemini) and disclaim all liability for their outputs

13.3 Data and Communication Disclaimers

• NO GUARANTEE OF DELIVERABILITY: We do not guarantee email delivery or communication success
• NO GUARANTEE OF COMPLIANCE: We do not guarantee your use will comply with applicable laws
• NO GUARANTEE OF RESULTS: We do not guarantee any business outcomes, leads, or success

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the United States. Any disputes shall be resolved in the courts having jurisdiction over Commoner Apps' principal place of business.

15. Severability and Changes

• If any provision is unenforceable, the remainder remains in effect
• We may modify these Terms at any time with notice
• Continued use after changes constitutes acceptance
• Material changes will be posted with 30 days notice