These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and Lokal Media LLC, doing business as Fresh Leads Marketing (“Fresh Leads,” “we,” “us,” or “our”), governing your access to and use of the Fresh Leads Client Portal (the “Portal”).
By logging into or otherwise accessing the Portal, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not access or use the Portal. These Terms supplement — and do not replace — the marketing services agreement between you and Fresh Leads Marketing.
The Portal is a web-based platform provided to active Fresh Leads Marketing clients for the following purposes:
The Portal is a management and reporting tool. It does not constitute financial, legal, or business advice. Advertising metrics displayed are sourced from third-party platforms (Google, Meta) and are presented for informational purposes. While we strive for accuracy, we do not guarantee that all data is error-free or real-time.
Where you enable CRM, customer re-engagement, or the Customer Application, the Portal synchronizes and stores your customers' data from your POS and CRM systems to provide those Services. Re-engagement emails and text messages are delivered through your connected GoHighLevel account. You are responsible for ensuring you have all required consents for, and that your customer communications comply with, applicable laws (including the TCPA and CAN-SPAM Act), as further described in your Marketing Services Agreement.
Portal accounts are created and provisioned by Fresh Leads Marketing administrators. You do not register for an account independently. Each account is assigned a role (e.g., Client Owner, Staff Member) that determines the level of access and permissions within the Portal.
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately at info@freshleadsmarketing.com if you become aware of any unauthorized use of your account.
We reserve the right to suspend or terminate your Portal access if we reasonably believe your account has been compromised, if you violate these Terms, or if your marketing services agreement with Fresh Leads Marketing is terminated.
You agree not to:
The AI Chatbot feature uses artificial intelligence (powered by Anthropic's Claude) to provide automated responses to visitors on your website. You acknowledge that AI-generated responses may occasionally contain inaccuracies and that Fresh Leads is not liable for any actions taken by your customers based on AI-generated content. You are responsible for reviewing and configuring the chatbot's knowledge base and custom instructions to ensure accuracy for your business.
The AI Voice Bot feature uses AI-powered voice technology (powered by Retell AI) to handle phone calls. You acknowledge and agree that: (a) calls are processed by AI and not by human agents; (b) call audio and transcripts are stored for quality assurance and billing purposes; (c) you are responsible for complying with all applicable laws regarding automated calling, call recording, and disclosure requirements in your jurisdiction, including but not limited to obtaining any required consent from callers.
AI-generated content is provided “as is” without any warranty of accuracy, completeness, or fitness for a particular purpose. Fresh Leads does not guarantee that AI features will be error-free, uninterrupted, or meet your specific requirements. You use AI-powered features at your own discretion and risk.
Certain Portal features (AI Chatbot and AI Voice Bot) are billed on a usage basis. You fund a prepaid wallet balance through the Portal, and usage charges are deducted from this balance. Current rates are displayed within the Portal before you fund your wallet. We reserve the right to change pricing with 30 days' prior notice.
If you enable the auto-reload feature, your payment method on file will be automatically charged when your wallet balance falls below the threshold you configure. You may disable auto-reload at any time through the Portal settings.
All payments are processed by Stripe, Inc. By making a payment through the Portal, you also agree to Stripe's Consumer Terms of Service. We do not store your full credit card information on our servers.
Prepaid wallet funds are non-refundable except at Fresh Leads' sole discretion or as required by applicable law. If your marketing services agreement is terminated, any remaining wallet balance may be refunded minus any pending usage charges, at Fresh Leads' discretion.
The Portal, including its design, code, features, logos, and documentation, is the proprietary property of Lokal Media LLC (Fresh Leads Marketing) and is protected by applicable intellectual property laws. Your use of the Portal does not grant you any ownership rights in the Portal or its underlying technology.
You retain ownership of your business data, advertising content, and any materials you provide to Fresh Leads. By using the Portal, you grant Fresh Leads a limited license to use, display, and process your data solely for the purpose of providing the Portal services and our marketing services to you.
Advertising performance data displayed in the Portal is sourced from third-party platforms (Google Ads, Facebook Ads) and CRM systems (GoHighLevel). While we make commercially reasonable efforts to ensure data accuracy, we do not warrant that the data is complete, current, or error-free. Data may be subject to delays, discrepancies, or reporting differences between platforms.
Fresh Leads does not guarantee specific advertising results, conversion rates, return on investment, or business outcomes. Past performance data displayed in the Portal is not indicative of future results. Advertising results depend on many factors outside of our control, including market conditions, competition, seasonality, and your business operations.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOKAL MEDIA LLC (FRESH LEADS MARKETING) AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE PORTAL, REGARDLESS OF THE THEORY OF LIABILITY.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PORTAL SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO FRESH LEADS FOR PORTAL-RELATED SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Fresh Leads is not liable for: (a) decisions you make based on data displayed in the Portal; (b) inaccuracies in data sourced from third-party advertising or CRM platforms; (c) actions taken by your customers based on AI-generated chatbot or voice bot responses; (d) service interruptions caused by third-party platform outages; or (e) unauthorized access to your account resulting from your failure to maintain the security of your login credentials.
If you have a Marketing Services Agreement with Fresh Leads, the limitation of liability in that agreement governs and controls over this Section in the event of any conflict.
You agree to indemnify, defend, and hold harmless Lokal Media LLC (Fresh Leads Marketing) and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or related to: (a) your use of the Portal in violation of these Terms; (b) your violation of any applicable law or regulation; (c) your failure to comply with applicable call recording, automated calling, or AI disclosure requirements; (d) any dispute between you and your customers arising from AI-generated content delivered through the Portal's chatbot or voice bot features; or (e) your negligent or willful misconduct.
We strive to maintain Portal availability but do not guarantee uninterrupted access. The Portal may be temporarily unavailable due to scheduled maintenance, software updates, infrastructure issues, or circumstances beyond our control. We will make commercially reasonable efforts to notify you of planned maintenance in advance.
We reserve the right to modify, suspend, or discontinue any feature of the Portal at any time, with reasonable notice when practicable. We are not liable for any modification, suspension, or discontinuation of Portal features.
Your access to the Portal is contingent on your active marketing services relationship with Fresh Leads Marketing. Upon termination of your marketing services agreement (by either party), your Portal access will be deactivated within 30 days unless otherwise agreed in writing.
We may immediately suspend or terminate your Portal access if: (a) you materially breach these Terms; (b) we reasonably believe your account has been compromised; (c) your continued access poses a security risk to the Portal or other users; or (d) required by law.
Upon termination, you may request an export of your business data within 30 days by contacting us at info@freshleadsmarketing.com. After this period, we may delete your data in accordance with our Privacy Policy.
These Terms are governed by and construed in accordance with the laws of the State of Hawaii, without regard to its conflict-of-law provisions. Any dispute arising out of or relating to these Terms or the Portal will be resolved in accordance with the dispute-resolution provisions of the Marketing Services Agreement between you and Lokal Media LLC (Fresh Leads Marketing), which govern and control. In the absence of such an agreement, the parties will first attempt in good faith to resolve the dispute through negotiation and non-binding mediation in Honolulu, Hawaii, and any dispute not so resolved will be brought exclusively in the state or federal courts located in Honolulu, Hawaii, to whose personal jurisdiction each party consents.
We may update these Terms from time to time. When we make material changes, we will notify you by posting a notice within the Portal and updating the “Last updated” date above. Material changes will take effect 30 days after notice is provided. Your continued use of the Portal after the effective date constitutes your acceptance of the updated Terms.
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision. These Terms, together with the Privacy Policy and your marketing services agreement, constitute the entire agreement between you and Fresh Leads regarding your use of the Portal.
By opting in, you agree to receive recurring marketing and informational text messages from Fresh Leads Marketing, such as account notifications, service updates, appointment and call reminders, and occasional promotional offers, at the mobile number you provided. Consent is not a condition of any purchase. Message frequency varies. Message and data rates may apply. You can opt out at any time by replying STOP, and you will receive a single confirmation that you have been unsubscribed. For help, reply HELP or contact us at ryan@freshleadsmarketing.com. Carriers are not liable for delayed or undelivered messages. Mobile information and text messaging opt-in data are never shared or sold to third parties for marketing purposes, as described in our Privacy Policy.
If you use the Portal to send text messages to your own customers, you are the sender of record and you are solely responsible for compliance with the Telephone Consumer Protection Act, CTIA messaging principles, mobile carrier requirements, and all other applicable laws. You represent and warrant that: (a) every recipient has given you prior express written consent to receive marketing text messages, and that you can produce the consent record on request; (b) the business information you submit for carrier registration, including your legal entity name and tax identification number, is accurate; (c) you will not send messages that are unlawful, misleading, or prohibited by carriers, including content relating to sex, hate, alcohol, firearms, or tobacco; and (d) you will honor opt-out requests received by any reasonable means, not only the STOP keyword.
The Portal enforces opt-out suppression, consent checks, and quiet hours automatically, but these controls supplement rather than replace your obligations. Fresh Leads may suspend SMS sending for your account immediately and without notice if a carrier, The Campaign Registry, or we identify a compliance risk, including excessive opt-out or spam-report rates. Carrier and registration fees for your messaging campaign are passed through to you and are non-refundable once submitted to the carriers, because those fees are charged by the carriers and registry at the time of filing.
If you have any questions about these Terms, contact us at:
Lokal Media LLC (Fresh Leads Marketing)
Email: info@freshleadsmarketing.com
Website: freshleadsmarketing.com