Updated October 2023

It’s important that you review and understand these terms before using our platform and services. If you don’t agree to these terms, don’t accept them, make a platform account, or use our platform or services. We might update these terms from time to time. We’ll let you know when we do. If you keep using the platform after we update the terms, that means you agree to the updated terms. Always speak to a lawyer to make sure you understand and comply with these terms. Note that there are terms included here that limit your rights, such as warranty disclaimers, limitations of liability, and a mandatory arbitration clause. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY, DATA PROCESSING AGREEMENT, AND AFFILIATE AGREEMENT (COLLECTIVELY THE “TERMS”), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND WebTech, INC AND ITS RESPECTIVE OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS “WebTech,” “WE” OR “US”) AND WILL GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL OTHER INTERACTIONS WITH WEBTECH SYSTEMS RELATED TO THE PLATFORM. ONLY THE TERMS IN THIS RIGHT COLUMN ARE LEGALLY BINDING. THE EXPLANATIONS IN THE COLUMN TO THE LEFT ARE FOR INFORMATIONAL PURPOSES ONLY AND NON-BINDING.IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCEPT THEM, CREATE AN ACCOUNT, OR USE THE PLATFORM. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF SERVICE AND THE ADDITIONAL AGREEMENTS INCORPORATED HEREIN BY REFERENCE, THESE TERMS OF SERVICE SHALL PREVAIL. WebTech reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms. You should consult a lawyer for legal advice to ensure your use of the Platform complies with these Terms and applicable law. You have to be at least 18 years old to use our platform and services.

1. Use of Platform

1.1. Age Restrictions. You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You must not create a Customer account unless you are at least 18 years of age. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a "Minor") create a Customer account and/or use the Platform, you agree to: (i) supervise the Minor’s use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform and their Customer account; (iii) ensure that the content on the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.The person who accepts these terms is the owner of the platform account. If you accepted the terms on behalf of a business entity, the business entity is the owner of the platform account.1.2. Platform Account Ownership. Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or in connection with an individual’s trade, craft, or profession. As the individual who accepts these Terms, You are the owner of the Platform Account unless You are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account. If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity to these terms.You can’t use our platform in a way that breaks our rules or the law. You are responsible for making sure you and your customers’ use of the platform and services is compliant with applicable laws and regulations.1.3. Intended Use. You and your customers may use the Platform only as intended for lawful purposes and in accordance with these Terms. You agree that You and Your customers will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. In addition, you represent and warrant that: (i) You and Your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms; (ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use of the Platform; (iii) You are fully responsible for the use of the Platform by your customers; (iv) You, your employees, agents and customers will not misrepresent the Platform or the Services; (v) You will provide these Terms to your employees, agents, and customers and confirm that all employees, agents, and customers understand that they are subject to these Terms if they use or offer access to the Platform; (vi) You own or control all rights in and to all content you provide to WebTech, including, but not limited to, any code provided to customize the Platform for your customers; (vii) You will be solely responsible for your use of the Platform, including the quality and integrity of any data and other information, including Information, made available to us by or for you through the use of the Platform; and (viii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication providerWe take privacy seriously. Make sure to read our Privacy Policy and Data Processing Agreement. You also need to have a Privacy Policy of your own that you make available to your customers.1.4. Privacy. By using the Platform and providing Information on or through the Platform, you consent to WebTech Systems use and disclosure of the Information in accordance with the Privacy Policy available and incorporated herein by reference. You agree that WebTech has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform. When you provide your customers with access to the Platform, you must implement and enforce your own Privacy Policy, providing the level of protection at least equal to that provided to you by WebTech Systems. You must obtain consent from your customers, affirmatively acknowledging that your customers agree to be bound by your privacy policy. You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your customers’ data to us for use and disclosure in accordance with these Terms and our Privacy Policy.Keep your Login Credentials confidential. Let us know if you think someone has gained unauthorized access to your account.1.5. Login Credentials. You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify WebTech immediately of any unauthorized access to or use of your Platform Account or Login Credentials or any other breach of security. WebTech reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in WebTech opinion, you have violated any provision of these Terms. Platform Accounts are non-transferable. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Platform Account with your Login Credentials.We are a platform provider ONLY. We don’t originate, send, or deliver any communications on your behalf. If you use any of the communication services features on our platform, you are responsible for making sure your communications comply with applicable laws, including but not limited to the Telephone Consumer Protection Act (“TCPA”) and CAN-SPAM Act.1.6. Use of Communication Services. The Platform may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods.  If You use these features, You agree that You are exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications such as the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act. You represent and warrant that you understand and will comply with those laws.  WebTech is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws.  WebTech is a technology platform communication service application provider ONLY.  WebTech does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method.  You control the message, timing, sending, fraud prevention, and call blocking. All communications, whether SMS, MMS, email or otherwise, are created by and initiated by you and/or your customers, whether generated by You or sent automatically via the Platform at Your direction. 1.7. Third Party Services. The Platform may leverage or include access to Third Party Services. WebTech Systems is not responsible for the usability or accessibility of Third Party Services. If you elect to pause or delete some or all of your Platform Account, certain features or functionality (such as LeadConnector phone numbers or email services) may not be retrievable upon reactivation. If you pause some or all of your Platform Account for more than thirty (30) days, and WebTech Systems is still incurring costs on your behalf related to Third Party Services (such as the costs of securing a particular phone number on your behalf), WebTech Systems reserves the right to release the phone number or delete some or all of your Platform Account in its sole discretion, without liability. WebTech Systems disclaims all liability related to outages or downtime of Third Party Services.There might be content on our platform that was created or provided by third parties. We’re not responsible or liable for that content.1.8. Third Party Content. The Platform may include Third Party Content. Your use of Third Party Content is entirely at your own risk and discretion. All statements and opinions expressed in Third Party Content are solely the opinions and the responsibility of the third party and do not necessarily reflect the opinion of WebTech Systems. WebTech Systems is not responsible for Third Party Content and makes no endorsements, representations or warranties and assumes no liability, obligation or responsibility for Third Party Content. You are responsible for ensuring that your engagement or transactions with Third Party Content is in compliance with these Terms and any applicable laws.If you customize the platform, make sure your customizations don’t infringe anyone’s intellectual property rights.1.9. Customizations. Portions of the Platform may be modified by you, incorporating your name, logo, trademark, and color scheme into your individual access area within the Platform. You are solely responsible for copyright, trademark or other intellectual property concerns connected with you and your customers’ customized look and feel of the Platform. You acknowledge that you may not be able to customize the Platform according to your unique branding to the extent that your customization would appear to be independently developed.  WebTech Systems may remove any of your modifications at any time without advance notice and without liability to you.If you use more data than what’s contemplated by your pricing plan, you might be required to upgrade your plan.1.10. Excessive Use Restrictions. We provide access to the Platform on a tiered-pricing basis, and some tiers can process more data with less impact on performance.  We have no liability for the effect that your excessive data use may have on performance.  If, in WebTech System’s sole discretion, we determine that your data use is excessive, abusive, or has a negative effect on the Platform in anyway, we may (1) require that you upgrade your Services in order to continue your activity levels if your data use exceeds the intended use of your existing Platform tier or if WebTech System’s operational costs to support your Platform usage exceeds the subscription price; (2) suspend or terminate your use of the Platform or Services, and/or (3) reduce the amount of data you are able to use.We make regular updates to our platform, and sometimes those updates might affect the previous mode of operation of the platform.1.11. Platform Updates. WebTech Systems reserves the right to make updates or changes to the Platform at anytime, including changes that may affect the previous mode of operation of the Platform. You agree that your use of the Platform or purchase of Services is not contingent on WebTech System’s delivery or release of any functionality or feature, including but not limited to the continuation of a certain Service or any third-party services.We don’t allow access to our platform by those located in embargoed countries. You are responsible for compliance with any local laws that might be applicable to your use of the platform.1.12. International Use.  If you are in an embargoed country or are a sanctioned person or entity, you are prohibited from using the Platform. WebTech Systems makes no representation that materials on the Platform are appropriate or available for use in locations outside the United States. Those who choose to access the Platform from other locations do so on their own initiative and at their own risk. If you choose to access the Platform from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Services, and/or information made in connection with the Platform is void where prohibited.If you are authorized to resell access to the platform, you can’t advertise prices that are lower than WebTech System’s prices. There might be exceptions to this rule by law. We also reserve the right to make exceptions to the rule in our sole discretion, and we can revoke those exceptions at anytime.

2. Resale MAP Policy.

A. WebTech Systems’s use of Special Pricing does not create an exception to the MAP Policy. Any changes to this MAP Policy will be communicated by a change to these Terms or by other forms of communication deemed appropriate by WebTech Systems in its sole discretion.b. Advertised Price and Final Sale Price.  The price at which you are advertising access to the Platform is determined after deduction of coupon discounts, rebates, value of product giveaways, gift card amounts, and other promotional offers, that have the effect of lowering an advertised price (“Advertised Price”). The MAP Policy only applies to the Advertised Price. The final price at which you resell access to the Platform (“Final Price”) is not subject to the MAP Policy.c. Exceptions to MAP Policy. a. WebTech Systems reserves the right to make exceptions to this MAP Policy at any time, for any reason, in its sole and absolute discretion. Such exceptions must be made in writing, and may be revoked at any time, for any reason, in its sole and absolute discretion.b. The MAP Policy does not apply to Advertised Prices displayed at brick-and-mortar selling locations where the Advertised Price is not distributed or visible to customers outside said location, or where Final Prices are first disclosed to customers in “shopping carts” for web-based sales (so long as such Final Prices cannot be retrieved by search engines or otherwise displayed to customers).c. This MAP Policy does not apply to advertising within any jurisdiction in which minimum advertised price policies are prohibited by law. It is a violation of this policy, however, to transmit an Advertised Price less than the MAP Policy from any such jurisdiction to customers in any jurisdiction in which the MAP Policy is permissible. For sales into the European Union and United Kingdom, this MAP Policy does not prohibit you from offering customers discounts or communicating to customers that the Final Price could differ from the Advertised Price. Do not pretend to be an employee or representative of WebTech Systems when reselling the platform. Read this list carefully. These are behaviors that we do not tolerate by users of our platform. If you engage in any of these behaviors, we might terminate your platform account.

3. Prohibited Uses

The following are considered Prohibited Uses of the Platform. Engaging in a Prohibited Use is a material breach of this Agreement for which WebTech Systems may immediately suspend or termination your Platform Account in accordance with these Terms:

Use of the Platform in any way that violates any applicable law or regulation. Use of the Platform to exploit, harm, or attempt to exploit or harm anyone in any way. Use of the Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms. Use of the Platform to transmit, or procure the sending of, any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. Impersonating or attempting to impersonate WebTech Systems, a WebTech Systems employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing). Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform Engaging in any conduct that would, as determined by WebTech Systems, harm Platform users or WebTech Systems, or expose either to liability. Use of the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform. Use of any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform. Use of any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without WebTech System’s prior written consent. Use of any device, software or routine that interferes with the proper working of the Platform. Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, any server, computer, or database connected to the Platform. Attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempting to interfere with the proper working of the Platform.

As a general rule, fees are nonrefundable, and we don’t provide refunds or credits. Note that some subscription fees require minimum commitments. In those cases, we can’t cancel your subscription until you’ve fulfilled the minimum commitment. If you decide to pass through any subscription fees to your customers, you cannot mark-up the fees.

4. Payment

a. Fees.  Your use of the Platform is subject to the timely payment of all Fees. Fees may change from time to time. All Fees are exclusive of Communication Surcharges. You will pay all Communications Surcharges associated with your use of the Platform. Communications Surcharges will be shown as a separate line item on an invoice.  All Fees and Communications Surcharges are nonrefundable. Fees will be billed to the credit card we have on file.  Fees for subscriptions will be billed in advance of Services. You agree to provide us with accurate and complete billing information (name, address, credit card information, and phone number) and notify us of any changes within 10 days of the change.b. Noncancellable Fees. Some subscriptions for Services require a non-cancellable minimum subscription commitment which cannot be canceled until the commitment is fulfilled. Fees for such non-cancellable minimum subscription commitments will continue to be automatically applied to your bill until the minimum commitment has been achieved. No Mark Ups. You may not mark-up or increase any WebTech Systems Fees that you pass through to Your customers or third parties. You are solely responsible for all pass-through Fees and related expenses, including but not limited to refunds and charge backs of such pass-through Fees. WebTech Systems is not responsible for resolving issues or disputes between You and Your customers regarding pass-through Fees. You’re responsible for taxes related to the platform and transactions you conduct with your customers. You might have to indemnify WebTech Systems if there is a tax issue related to your platform usage.

We might terminate your account if we can’t collect payment from you. 

If you have a payment dispute, let us know right away. You are exclusively responsible for taxes and other governmental assessments (“Taxes”) associated with your use of the Platform, including all Taxes associated with transactions you conduct with your customers.  WebTech Systems may collect Taxes from you as part of the Fees as legally required or as WebTech Systems deems appropriate, and all WebTech Systems determinations regarding what Taxes to collect are final.  WebTech Systems may recalculate and collect additional Taxes from you if it determines at any point that they are due.  You will indemnify WebTech Systems for all Claims related to Taxes that are associated with your activities on the Platform, including any Taxes related to your transactions with your customers as further described below. Taxes are nonrefundable .e. Overdue Amounts.  If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate your use of the Platform and/or delivery of Services and may require you to pay any overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us.  In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses. f. Payment Disputes.  You will notify us in writing within sixty (60) days of the date we bill you for any invoiced Fees or charges that you wish to dispute.  You must pay all invoiced Fees and charges while the dispute is pending or you waive the right to pursue the dispute.  Where you are disputing any Fees or charges, you must act reasonably and in good faith and cooperate diligently with us to resolve the dispute.  All WebTech Systems determinations regarding your obligation to pay invoiced Fees and charges are final .g. No Refunds or Credits.  Except as described below, all Fees assessed by WebTech Systems are non-refundable. You are solely responsible for any excess Fees incurred by You as a result of an error or omission made by You or a third party. WebTech Systems does not provide Fee refunds or credits for such errors or omissions, or for partially used or unused Platform or Services subscriptions.  If you sign up for a subscription but do not access the Service or Platform, you are still responsible for all Fees during the term of your subscription. Except as may be required by law, WebTech Systems reserves the right to issue or deny a refund or credit in its sole and absolute discretion, at any time, for any reason, and WebTech System’s determination of if and when to issue or deny a refund or credit is final.h. Cancellations. You are solely responsible for the cancellation of Services associated with your account, and you will be responsible for all Fees incurred until such cancellation occurs. No refunds will be provided for your failure to properly cancel the Services associated with your account.i. Your Responsibility For Financial Transactions. You are solely responsible for all financial transactions you and your customers engage in on the Platform or using the Services, including transactions conducted using billing tools enabled by the Services.  You are exclusively responsible for all chargebacks related to activities of you and your customers, regardless of the reason for the chargeback