Current as of January 15, 2026
The Leadsup Services are offered to Client subject to its acceptance of these Leadsup Terms of Service (the “Terms”). When the Leadsup Services are accessed or used by a Client or when Client otherwise indicates assent to these Terms, these Terms form a legally binding contract between Client and Leadsup. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF AN ENTITY, SUCH AS YOUR EMPLOYER, OR THE COMPANY YOU WORK FOR, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ENTITY, IN WHICH CASE THE TERMS “YOU,” “YOUR”, “CUSTOMER” OR A RELATED CAPITALIZED TERM HEREIN WILL REFER TO SUCH ENTITY.
The Terms is a contract that governs Clients’ use of the Leadsup Services and includes all additional terms and documents incorporated herein by reference including the following:
BY REGISTERING FOR, PURCHASING ACCESS TO, ACCESSING, AND/OR USING THE LEADSUP SERVICES OR OTHERWISE INDICATING ASSENT, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE LEADSUP SERVICES.
THESE TERMS ARE SUBJECT TO AN ARBITRATION PROVISION THAT APPLIES TO THE SUBSCRIPTION TO OR USE OF LEADSUP’S SERVICES. THAT ARBITRATION PROVISION CAN BE FOUND AT SECTION 14.2 BELOW. THE ARBITRATION PROVISION APPLIES TO LEADSUP CLIENTS OR SUBSCRIBERS AND DOES NOT ENCOMPASS DISPUTES BETWEEN LEADSUP AND PERSONS MERELY BROWSING LEADSUP’S WEBSITE. If you do not agree to arbitrate disputes with Leadsup, then do not subscribe to, or purchase Leadsup’s products.
“ Account ” means the primary means for accessing and using the Leadsup Services.
“ Add-On Feature ” means a feature or set of features within the Leadsup Services that are subject to additional charges (as set forth on www.leadsupcrm.com and during the purchase process and/or subject to additional terms as set forth in the Supplemental Terms.
“ Administrator ” means a User(s) of an User which the Client has granted a special authorization to manage the Client’s Account.
“ Affiliates ” means any legal entity that controls or owns more than 50% of such entity’s outstanding shares or securities, is controlled by, or under common control with a party.
“ AI Functionality” means any aspects of the Leadsup Services that are powered by artificial intelligence, machine learning or similar technologies.
“ Beta Service ” means any functionality that is in development or has not been commercially released as a final product.
“ Client ” means the legal person or entity establishing an Account to receive access to the Leadsup Services as identified in the sign-up process.
“ Client Data ” any information processed by Client through the Leadsup Services. Client Data excludes the Leadsup Materials.
“ Credentials ” means all usernames, passwords, and other access credentials created by or assigned to Client and each of its Users for use of the Leadsup Services.
“ Data Processing Addendum” or “ DPA ” means the agreement, as set forth at www.leadsupcrm.com/privacy/dpa. The DPA reflects the parties’ agreement regarding the processing of Personal Data (as defined in the DPA) by Leadsup as a Data Processor (as defined in the DPA).
“ Fee ” means the subscription fees and any additional fees owed for using the Leadsup Services.
“ Feedback ” means any comment, bug report, feedback, suggestion or modification for the Leadsup Services that a Client or a User provides to Leadsup.
“ Intellectual Property Rights ” means the worldwide legal rights or interests in any ideas, designs, architectures, concepts, methods, processes, techniques, apparatus, inventions, discoveries, improvements, technology, know-how, computer programs, databases, and works of authorship, including the following and all rights arising out of or associated therewith: (i) all United States, India and foreign patents and utility models and applications therefor; (ii) all trade secrets, know-how and confidential or proprietary information; (iii) all copyrights, whether registered or unregistered, and applications therefor, all common-law rights, moral rights; (iv) trademarks, service marks, and trade dress; (v) mask work rights; and (vi) any similar, corresponding, or equivalent rights to any of the foregoing anywhere in the world.
“ Marketplace ” means an online directory, catalog or marketplace of applications and integrations that interoperate with the Leadsup Services and expert partners found at www.leadsupcrm.com/marketplace.
“ Non-Leadsup Application ” means any software application or functionality that interoperates with the Leadsup Services that is not created by Leadsup.
“ Leadsup ” means, as set forth in Section 14.1, Qmoniqs Software Pvt Ltd or any other of its Affiliates.
“Leadsup Data” means the following: (i) data that Leadsup provides to you in or through the Leadsup Services, (ii) non-personally identifiable data that results from Client’s use of the Leadsup Services and (iii) aggregated or anonymized data created by Leadsup as authorized by these Terms.
“ Leadsup Materials ” means the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, algorithms, models and all other elements of the Leadsup Services, including Leadsup Data.
“ Leadsup Services ” means the access that Leadsup provides to Client to the Platform and the content, services and/or products, and functionality, including any Add-On Features, available on or through the Platform.
“ Subscription Term ” means the period Client is permitted to use the Leadsup Services or applicable Add-On Feature commencing on the date of purchase of the Subscription and concluding on the date of expiration of the Subscription. “Subscription Term” includes the initial Subscription Term and all successive renewals.
“ Third-Party Providers ” means any third parties that provide Non-Leadsup Applications and any third parties that Client engages to provide integration services, software development services, or other services in relation to Client’s use of Leadsup.
“ Platform ” means the Leadsup customer relationship management application.
“ Privacy Notice ” means the notice, as set forth at www.leadsupcrm.com/privacy, which describes how Leadsup collects, receives, uses, stores, shares, transfers, and otherwise processes Personal Data (as defined in the Privacy Notice) in connection with Client’s use of the Leadsup Services. It also describes Client’s choices regarding use, as well as Client’s rights regarding its Personal Data.
“Renewal Date” means the date the Client’s Subscription will automatically renew (annually or monthly depending on the Subscription selected) subject to earlier termination or cancellation as expressly permitted in these Terms.
“ Reseller ” means a third-party entity that is authorized by Leadsup to resell Leadsup Services to Clients.
“Sensitive Information” means information requiring special protection under applicable laws. This includes identifiers (e.g., Social Security numbers, passports, driver’s licenses) or any portion thereof, financial data (e.g., credit card numbers, bank account details), information about children, health and genetic data, any data revealing racial or ethnic origin, political opinions, religious beliefs, trade union membership, biometric data, sexual orientation, or criminal history. It also covers unhashed passwords and other data classified as “sensitive” or “special” under DPDP Act, GDPR or any other applicable law relating to privacy and data protection.
“ Scope of Use ” means Client’s entitlements to the Platform specified in the Subscriptions and any purchased Use Packs, which may include: (i) number and type of Users, (ii) purchased functionality.
“ Subscription” means usage rights and functionality and associated fees, selected by Client for any Leadsup Services all of which as set forth at www.leadsupcrm.com/pricing.
“ Supplemental Terms ” means the additional terms, as set forth at www.leadsupcrm.com/terms-of-service-supplemental-terms, applicable to Client’s use of an Add-On Feature or any third party services.
“ Terms ” means these Leadsup Terms of Service including all terms incorporated herein by reference, including any applicable Supplemental Terms, the Acceptable Use Policy, the DPA, and the Privacy Notice.
“ Use Pack ” means a one-time purchase of increase in the Scope of Use.
“ User ” means an individual to whom Client grants rights and privileges to use the Account on behalf of a Client.
“User Management” means a group of settings that controls User access to different features and permissions within an Add-On Feature.
To use the Leadsup Services, Client must first select and pay for a Subscription that includes access to the Platform. Client may also purchase Subscriptions for Add-On Features. The Subscription Term for any Add-On Features will run concurrently with the Subscription Term for the Platform Subscription. Client may be given the opportunity to increase Client’s Scope of Use by purchasing an additional Subscription for additional entitlements (such as use by more Users) or by purchasing a Use Pack (such as the right to temporarily increase usage of an Add-On Feature).
Subject to these Terms, and the payment of the applicable Fee, Leadsup grants Client and its Users the right to access and use the Leadsup Services in accordance with Client’s Scope of Use and only during the Subscription Term. The Services may not be used for the benefit of anyone other than the Client.
Leadsup reserves the right to modify the Leadsup Services or any part or element thereof from time to time without prior notice. Leadsup shall not be liable to the Client or to any third person for any modification, suspension or discontinuance of any element of the Leadsup Services.
Client may authorize Users to access and use the Platform solely: (i) in accordance with the Client’s Scope of Use; and (ii) for the benefit of Client. Client shall ensure its Users comply with these Terms and Client is responsible for all activities of its Users, including any purchases, use of Non-Leadsup Applications, and how Users access and use Client Data. Each User must have their own Credentials. Credentials may not be shared or used by multiple persons. Credentials may be reassigned to a new User replacing a former User who no longer uses Leadsup Services. Leadsup reserves the right to terminate or suspend any User’s Credentials that Leadsup reasonably determines may have been used by an unauthorized third party or in an unauthorized manner. Leadsup will provide prompt notice of any such termination, or suspension to Client. Client is responsible for maintaining the confidentiality of all Credentials and is solely responsible for all activities that occur with such Credentials. Client must promptly notify Leadsup of any actual or suspected, disclosure, loss or unauthorized use of any Credentials.
The initial Subscription Term for each Subscription is either monthly or annual and, unless the Subscription Term is terminated in accordance with Section 13, each Subscription will automatically renew for successive renewal Subscription Terms. Annual Subscriptions will automatically renew for successive years and monthly Subscriptions will automatically renew for successive months.
Client may upgrade or downgrade a Subscription at any time by selecting a new Subscription. Subscription upgrades will be effective immediately and Client’s payment method on file will be charged for the difference in price between the existing Subscription and the new Subscription for the remainder of the then-current Subscription Term. Subscription downgrades will be effective on the next Renewal Date. The Client’s payment method on file will automatically be charged the Fee for the new Subscription. If, after the commencement of a Subscription Term, Client elects to downgrade a Subscription, this may cause the loss of features, functionality, capacity of the Account, as well as the loss of Client Data. For the avoidance of doubt, no refund of any prepaid or outstanding Fees will be provided to the Client for the price difference between Subscriptions if the Client downgrades a Subscription during a Subscription Term. All sales are final and no refund will be issued. If the Subscription was purchased through a Reseller then Fee owed for upgrades will be addressed directly with the Reseller.
Client acknowledges that it has administrative control over, and is responsible for, who it grants access to Client Data hosted in the Leadsup Services. Client may specify a User to be the billing owner and, depending on the Subscription, one or more Users to be an Administrator to manage its Account. Leadsup is entitled to rely on communications from an Administrator when servicing Client’s Account. Client’s Administrator(s) may have the ability to access, monitor, use, and/or export Client Data as well as change User rights. Client will provide any information requested to confirm User identity. In the event that the Client loses access to an Account or otherwise requests information about an Account, Leadsup is under no obligation to provide access or information until: (i) Leadsup has been provided all requested information regarding User identity and (ii) the Client and requesting User have signed an indemnity regarding the access or information provided. For Add-On Features, if a User has authorization to access User Management then he/she can control other User’s access to the Add-On Feature and Client Data access. Add-On Features have different defaults in terms of which Users have access to User Management. Client should review the Supplemental Terms for any Add-On Feature to understand the default settings and adjust them as needed.
Leadsup will provide Client with technical support for the Leadsup Services in accordance with the level of support included in the Client’s Subscription as set forth at www.leadsupcrm.com/support. Leadsup will use commercially reasonable efforts to make the Leadsup Services available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which Leadsup shall give at least 8 hours electronic notice and which Leadsup shall schedule to the extent practicable during the weekend hours between 6:00 p.m. Friday and 3:00 a.m. Monday Eastern time); and (b) any unavailability caused by circumstances beyond Leadsup’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving Leadsup employees), Internet service provider failure or delay, Non-Leadsup Application, or denial of service attack.
Client may purchase access to Add-On Features. Client’s access to and use of Add-On Features is subject to the applicable Supplemental Terms. If Client purchases access to an Add-On Feature, the Subscription Term for the Add-On Feature will run concurrently with the Subscription Term for the Platform. Client may not access or use Add-On Features in any manner that violates the Supplemental Terms or these Terms.
From time to time, Leadsup may invite Client to try Beta Services at no charge. Client may accept or decline any such trial in Client’s sole discretion. Beta Services will be clearly designated as beta, pilot, limited release, developer preview, non-production, evaluation or by a description of similar import. Beta Services are for evaluation purposes and not for production use, are not considered “Leadsup Services” under these Terms, are not supported, and may be subject to additional terms. Unless otherwise stated, any Beta Services trial period will expire upon the earlier of one year from the trial start date or the date that a version of the Beta Services becomes generally available. Leadsup may discontinue Beta Services at any time in Leadsup’s sole discretion and may never make them generally available. Leadsup will have no liability for any harm or damage arising out of or in connection with a Beta Service.
Leadsup may offer Client access to a Marketplace. The Marketplace is a directory of Non-Leadsup Applications and expert partners that may integrate with the Leadsup Services. Leadsup does not warrant or support Non-Leadsup Applications or expert partners, whether or not they are designated by Leadsup as “certified” or otherwise, except as specified in an order form. If Client installs or enables Non-Leadsup Applications for use with the Leadsup Services, Client acknowledges that Leadsup may allow providers of those Non-Leadsup Applications to access Client Data as required for the interoperation of such Non-Leadsup Applications with the Leadsup Services. Leadsup shall not be responsible for any disclosure, modification or deletion of Client Data resulting from any such access by Non-Leadsup Application providers. The Leadsup Services shall allow Client to restrict such access by restricting Users from installing or enabling such Non-Leadsup Applications for use with the Leadsup Services.
Client may integrate the Leadsup Services with Non-Leadsup Applications. If Client integrates the Leadsup Services with any Non-Leadsup Application, Client grants Leadsup permission for Leadsup to allow the Non-Leadsup Application and its provider to access Client Data and information about Client’s usage of the Non-Leadsup Application as appropriate for the interoperation of that Non-Leadsup Application with the Leadsup Services. Client is responsible for the use of Non-Leadsup Applications and the interoperation of any Non-Leadsup Applications with the Leadsup Services. Client shall comply with any and all terms and conditions applicable to such Non-Leadsup Applications. Leadsup does not warrant or support any Non-Leadsup Application. Leadsup is not responsible for any disclosure, modification or deletion of Client Data resulting from access by such Non-Leadsup Application or its provider. Leadsup reserves the right to suspend or terminate any integration if, in Leadsup’s sole discretion, such integration may negatively affect the performance of the Leadsup Services or violates these Terms.
Leadsup may offer AI Functionality as part of the Leadsup Services. Client’s use of AI Functionality is subject to the Supplemental Terms for AI Functionality. Client acknowledges that AI Functionality may use third-party providers and that inputs and outputs may be processed by such third-party providers. Client is solely responsible for reviewing and verifying the accuracy of any outputs generated by AI Functionality. Leadsup does not warrant the accuracy, completeness, or reliability of any outputs generated by AI Functionality.
Client will pay all Fees specified in the Subscriptions and for any Use Packs. Except as otherwise specified herein or in an order form, (i) Fees are based on the Leadsup Services purchased and not actual usage, (ii) payment obligations are non-cancelable and Fees paid are non-refundable, and (iii) quantities purchased cannot be decreased during the relevant Subscription Term. All sales are final and no refund will be issued for any reason, including but not limited to partial use, dissatisfaction, or termination of the Subscription Term.
Client will provide Leadsup with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to Leadsup. If Client provides credit card information to Leadsup, Client authorizes Leadsup to charge such credit card for all Leadsup Services listed in the Subscriptions for the initial Subscription Term and any renewal Subscription Term(s) as set forth in Section 3.4. Such charges are fully earned upon payment. Client is responsible for providing complete and accurate billing and contact information to Leadsup and notifying Leadsup of any changes to such information.
If any invoiced amount is not received by Leadsup by the due date, then without limiting Leadsup’s rights or remedies, (a) those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, and/or (b) Leadsup may condition future Subscription renewals and order forms on payment terms shorter than those specified in Section 9.2.
If any amount owing by Client under this or any other agreement for Leadsup Services is 30 or more days overdue (or 10 or more days overdue in the case of amounts Client has authorized Leadsup to charge to Client’s credit card), Leadsup may, without limiting Leadsup’s other rights and remedies, accelerate Client’s unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend Leadsup Services to Client until such amounts are paid in full. Leadsup will give Client at least 10 days’ prior notice that Client’s account is overdue before suspending services to Client.
Leadsup will not exercise Leadsup’s rights under Section 9.3 or 9.4 above if Client is disputing the applicable charges reasonably and in good faith and is cooperating diligently to resolve the dispute.
Leadsup’s Fees do not include taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). Client is responsible for paying all Taxes associated with Client’s purchases hereunder. If Leadsup has the legal obligation to pay or collect Taxes for which Client is responsible under this Section 9.6, Leadsup will invoice Client and Client will pay that amount unless Client provides Leadsup with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, Leadsup is solely responsible for taxes assessable against Leadsup based on Leadsup’s income, property and employees.
Client agrees that Client’s purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Leadsup regarding future functionality or features.
Client grants Leadsup and its Affiliates a worldwide, non-exclusive, royalty-free, fully paid, sublicensable (through multiple tiers), transferable license to access, use, process, copy, distribute, perform, export and display Client Data, only as reasonably necessary (a) to provide, maintain and update the Leadsup Services; (b) to prevent or address service, security, support or technical issues; (c) as required by law; and (d) as expressly permitted in writing by Client. Client represents and warrants that it has secured all rights in Client Data necessary to grant this license.
Client shall not upload or otherwise make available to Leadsup any Sensitive Information. Leadsup has no liability for Sensitive Information, notwithstanding anything to the contrary herein.
Client is solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Client Data. Client will ensure that Client Data complies with all applicable laws, including data protection laws such as the DPDP Act in India or GDPR if applicable.
The parties agree that the DPA governs the processing of Personal Data by Leadsup on behalf of Client.
Leadsup and its licensors own all right, title and interest, including all related Intellectual Property Rights, in and to the Leadsup Materials. The Terms do not convey to Client any rights of ownership in or related to the Leadsup Materials or the Intellectual Property Rights owned by Leadsup except for the limited license granted above. The Leadsup name, the Leadsup logo, and the product names associated with the Leadsup Services are trademarks of Leadsup or third parties, and no right or license is granted to use them.
As between Leadsup and Client, Client owns all right, title and interest in and to the Client Data. Client grants Leadsup the licenses set forth in Section 10.1.
If Client or any User provides Feedback to Leadsup, Client grants Leadsup a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Leadsup Services any suggestion, enhancement request, recommendation, correction or other Feedback provided by Client or Users relating to the operation of the Leadsup Services.
Leadsup owns all right, title and interest in and to Leadsup Data. Leadsup may use Leadsup Data for any purpose, including to improve the Leadsup Services, develop new products, and for benchmarking.
“Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information of Client includes Client Data; Confidential Information of Leadsup includes the Leadsup Services and Leadsup Materials, and the terms and conditions of these Terms and all order forms (including pricing). Confidential Information of each party includes business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) to (i) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms and (ii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates’ employees and contractors who need that access for purposes consistent with these Terms and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein. Neither party will disclose the terms of any order form to any third party other than its Affiliates, legal counsel and accountants without the other party’s prior written consent, provided that a party that makes any such disclosure to its Affiliate, legal counsel or accountants will remain responsible for such Affiliate’s, legal counsel’s or accountant’s compliance with this “Confidentiality” section.
The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to that Confidential Information.
These Terms commence on the date Client first accepts them and continue until all Subscriptions hereunder have expired or have been terminated.
The term of each Subscription shall be as specified in the applicable order form or during the purchase process. Except as otherwise specified in an order form, Subscriptions will automatically renew for additional periods equal to the expiring Subscription Term or one year (whichever is shorter), unless either party gives the other notice of non-renewal at least 30 days before the end of the relevant Subscription Term. The per-unit pricing during any renewal term will increase by up to 7% above the applicable pricing in the prior term, unless Leadsup provides Client notice of different pricing at least 60 days prior to the applicable renewal term. Except as expressly provided in the applicable order form, renewal of promotional or one-time priced Subscriptions will be at Leadsup’s applicable list price in effect at the time of the applicable renewal.
A party may terminate these Terms for cause (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
If these Terms are terminated by Client in accordance with Section 13.3, Leadsup will refund Client any prepaid Fees covering the remainder of the term of all order forms after the effective date of termination. If these Terms are terminated by Leadsup in accordance with Section 13.3, Client will pay any unpaid Fees covering the remainder of the term of all order forms. In no event will termination relieve Client of Client’s obligation to pay any Fees payable to Leadsup for the period prior to the effective date of termination. All sales are final and no refund will be issued except as expressly provided in this section.
Upon request by Client made within 180 days after the effective date of termination or expiration of these Terms, Leadsup will make Client Data available to Client for export or download as provided in the documentation. After such 180-day period, Leadsup will have no obligation to maintain or provide any Client Data, and will thereafter delete or destroy all copies of Client Data in Leadsup’s systems or otherwise in Leadsup’s possession or control, unless legally prohibited.
The sections titled “Fees and Payment,” “Intellectual Property Ownership,” “Confidentiality,” “Disclaimers,” “Mutual Indemnification,” “Limitation of Liability,” “Refund or Payment upon Termination,” “Client Data Portability and Deletion,” “Removal of Content and Non-Leadsup Applications,” “Surviving Provisions” and “General Provisions” will survive any termination or expiration of these Terms.
These Terms are governed by the laws of India, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms shall be resolved exclusively by arbitration in Delhi, India, under the Arbitration and Conciliation Act, 1996, with one arbitrator appointed by mutual agreement or by the Delhi High Court. Leadsup means Qmoniqs Software Pvt Ltd, a company incorporated under the laws of India, with its principal place of business at 403, Tower B, Millennium Plaza, Sector 27, Gurgaon 122001.
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Delhi, India. The language of the arbitration shall be English.
The Leadsup Services, including any software Leadsup may provide to Client or that Client may have access to as part of the Leadsup Services, may be subject to applicable export control laws, including but not limited to the Indian export control laws and the U.S. Export Administration Regulations. Client shall not, nor shall Client permit any Users to, access or use any Leadsup Services or content in a U.S. or Indian-embargoed country or region or in violation of any applicable export law or regulation.
Client represents and warrants that it has not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of Leadsup’s employees or agents in connection with these Terms. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If Client learns of any violation of the above restriction, Client will use reasonable efforts to promptly notify Leadsup.
The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
Except as otherwise specified in these Terms, all notices related to these Terms will be in writing and will be effective upon (a) personal delivery, (b) the second business day after mailing, or (c), except for notices of termination or an indemnifiable claim (“Legal Notices”), which shall clearly be identifiable as Legal Notices, the day of sending by email. Billing-related notices to Client will be addressed to the relevant billing contact designated by Client. All other notices to Client will be addressed to the relevant Services system administrator designated by Client.
No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of these Terms will remain in effect.
Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld); provided, however, either party may assign these Terms in its entirety (including all order forms), without the other party’s consent to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
Neither party shall be liable for any failure or delay in performance under these Terms (other than for delay in the payment of money due and payable hereunder) for causes beyond that party’s reasonable control and occurring without its fault or negligence, including, without limitation, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving Leadsup’s employees), computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
These Terms, including all exhibits and addenda hereto and all order forms, constitute the entire agreement between the parties and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of these Terms will be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. To the extent of any conflict or inconsistency between the provisions in the body of these Terms and any exhibit or addendum hereto or any order form, the terms of such exhibit, addendum or order form will prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in Client’s purchase order or other order documentation (excluding order forms) will be incorporated into or form any part of these Terms, and all such terms or conditions will be null and void.
Client agrees to comply with the Acceptable Use Policy set forth at www.leadsupcrm.com/acceptable-use-policy, which is incorporated herein by reference.
The DPA is incorporated herein by reference and applies to the extent Leadsup processes Personal Data on behalf of Client.
The Privacy Notice is incorporated herein by reference.
Any Supplemental Terms applicable to Add-On Features or other services are incorporated herein by reference.
All sales are final and no refund will be issued under any circumstances, including but not limited to dissatisfaction with the Services, partial use, or early termination. This policy applies to all Fees, Subscriptions, Add-On Features, and Use Packs.
