TERMS OF SERVICE

Terms of Service

Last updated: January 01, 2025

We are The Kidwell Team, LLC, doing business as Leadwell (“Company,” “we,” “us,” or “our”), a company registered in Texas, United States, with a mailing address at 11805 Chimney Rock Road, #35874, Houston, TX 77035, United States. You can contact us by phone at 832-895-1253, by email at hello@leadwell.com, or by mail to the address above.

We operate the website https://leadwell.com (the “Site”) as well as any other related products and services that refer or link to these Legal Terms (collectively, the “Services”).

These Terms are a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and us, concerning your access to and use of the Services. By accessing or using the Services, you agree to be bound by these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT USE THE SERVICES.

We may update these Terms from time to time. We will provide prior notice of any scheduled changes to the Services you are using and will notify you of material updates by email (from hello@leadwell.com) or by posting on the Site. Your continued use of the Services after the effective date of changes constitutes acceptance of the updated Terms.

The Services are intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register for the Services. We recommend that you print a copy of these Terms for your records.

The information provided through the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement. Those who access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

The Services are not tailored to comply with industry-specific regulations (e.g., HIPAA, FISMA). If your interactions would be subject to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

We own or license all intellectual property rights in the Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (“Content”), as well as trademarks, service marks, and logos (“Marks”). Our Content and Marks are protected by copyright and trademark laws and treaties worldwide. The Content and Marks are provided “AS IS” for your personal, non-commercial use or internal business purpose only.

Subject to your compliance with these Terms and the Prohibited Activities section, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.

Except as expressly permitted in these Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in these Terms, please email hello@leadwell.com. If we grant permission, you must identify us as the owners or licensors and ensure any copyright or proprietary notice is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted. Any breach of this section is a material breach and will immediately terminate your right to use the Services.

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such information as necessary; (3) you have the legal capacity and agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation. If any information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any current or future use of the Services.

You may be required to register to use the Services. You agree to keep your password confidential and are responsible for all use of your account and password. We may remove, reclaim, or change a username you select if we determine it is inappropriate, obscene, or otherwise objectionable.

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. We do not guarantee that such details will be accurate, complete, reliable, current, or error-free, and your display may not accurately reflect the actual colors and details. All products are subject to availability, and we cannot guarantee items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices are subject to change.

We accept the following forms of payment: Visa, Mastercard, American Express, PayPal, ACH, and Check. You agree to provide current, complete, and accurate purchase and account information for all purchases. You agree to promptly update account and payment information so we can complete your transactions and contact you as needed. Sales tax will be added where required. Prices may change at any time. All payments must be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if payment has already been requested or received and to limit or cancel orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

Your subscription will continue and automatically renew unless canceled. You consent to recurring charges to your payment method until you cancel. The length of your billing cycle depends on the plan you choose.

You can cancel at any time by contacting us at hello@leadwell.com. Your cancellation takes effect at the end of the current paid term.

We may change subscription fees from time to time and will communicate any price changes in accordance with applicable law.

Please review our Return Policy posted on the Services prior to making any purchases.

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us. As a user, you agree not to, among other things: (a) systematically retrieve data to create a database without written permission; (b) trick or defraud other users; (c) circumvent or interfere with security-related features; (d) disparage or harm us; (e) use information from the Services to harass others; (f) submit false reports; (g) use the Services in violation of laws; (h) upload viruses or other disruptive material; (i) use automation (robots, scripts, scrapers) without permission; (j) delete copyright notices; (k) impersonate others; (l) use passive collection mechanisms without disclosure; (m) interfere with the Services; (n) harass our employees; (o) bypass access measures; (p) copy or adapt the Services’ software; (q) reverse engineer the Services except as permitted by law; (r) launch unauthorized automated systems; (s) use a buying agent; (t) collect user information for unsolicited emails or create accounts under false pretenses; (u) use the Services to compete with us; (v) advertise or offer to sell goods and services without authorization; or (w) sell or transfer your profile.

The Services may invite you to post content (collectively, “Contributions”) that may be viewable by other users or through third-party websites. Any Contributions you transmit may be treated as non-confidential and non-proprietary. You represent and warrant that you have all rights necessary for your Contributions and that they do not infringe any third-party rights or violate any laws or these Terms.

By posting Contributions, you grant us an unrestricted, worldwide, perpetual, irrevocable, non-exclusive, transferable, royalty-free, fully paid license to host, use, copy, reproduce, publish, distribute, publicly perform and display, reformat, translate, excerpt, and create derivative works of such Contributions for any lawful purpose, and to sublicense the foregoing rights. You waive any moral rights in such Contributions to the extent permitted by law. We do not claim ownership of your Contributions, but you grant us the foregoing license.

If the Services allow reviews, you must have firsthand experience with the product or service being reviewed; avoid profanity, hate speech, or discriminatory language; avoid references to illegal activity; avoid conflicts of interest; and refrain from false or misleading statements. We may accept, reject, or remove reviews at our sole discretion.

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms; (3) in our sole discretion, refuse, restrict access to, limit availability of, or disable any of your Contributions or any portion of the Services; (4) remove or disable files and content that are excessive in size or burdensome; and (5) otherwise manage the Services to protect our rights and to facilitate proper functioning.

We care about data privacy and security. Please review our Privacy Policy: https://leadwell.com/privacy-policy/. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms.

We do not sell personal information and we do not share it for cross-context behavioral advertising. Where we process personal data on behalf of our customers (“Customer Data”), we act as a “service provider”/“processor” and will process such data only as permitted by our Data Processing Addendum (DPA) and your documented instructions. The DPA is incorporated by reference and available within our Privacy Policy.

The Services are hosted in the United States. If you access the Services from another region with laws governing data collection and use that differ from US law, you consent to the transfer and processing of your data in the United States. Our use of subprocessors and related notice mechanisms are described in our Privacy Policy.

We respect intellectual property rights. If you believe that any material on the Services infringes your copyright, please notify us at hello@leadwell.com with a detailed “Notification,” and we will take appropriate action. You may be liable for damages if you materially misrepresent that content is infringing.

These Terms remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. We may terminate your use or participation in the Services or delete your account at any time.

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We will not be liable if all or any part of the Services is unavailable at any time. Nothing obligates us to maintain or support the Services or to provide any corrections, updates, or releases.

These Terms and your use of the Services are governed by the laws of the State of Texas, without regard to conflict of law principles.

Any dispute arising out of or related to these Terms or the Services shall be resolved through binding arbitration in Harris County, Texas, in English, before a single arbitrator, under the Commercial Arbitration Rules of the American Arbitration Association. The parties waive the right to a jury trial. Nothing in this section limits either party’s ability to seek injunctive or other equitable relief.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Terms; (4) any breach of your representations and warranties; or (5) your violation of the rights of a third party.

Customer Data ownership. “Customer Data” means personal data and other content you (or your end users) submit to the Services. As between you and us, you own and retain all right, title, and interest in and to Customer Data. Notwithstanding Section 11 (Contribution License), you do not grant us any rights to Customer Data other than those necessary to provide and support the Services, to comply with law, and as described in our Privacy Policy and DPA.

Security & incident notice. We maintain administrative, physical, and technical safeguards designed to protect Customer Data. If we become aware of a security incident affecting Customer Data, we will notify you without undue delay and provide information reasonably available to us, consistent with applicable law and our DPA.

Export & deletion window. During the term and for 30 days after termination or expiration of your subscription, you may export Customer Data using any available export tools or by written request. After that window, we may delete or de-identify Customer Data from active systems, except where we are legally required to retain it (e.g., tax, audit, or compliance purposes).

Service-provider/processor role; subprocessors. For Customer Data we act as your service provider/processor and will process such data only on your documented instructions and as set out in the DPA. We may use subprocessors to provide the Services; our current subprocessors and notice mechanism are described in our Privacy Policy.

We will also maintain certain operational data relating to your use of the Services (e.g., logs) to operate, maintain, and improve the Services. Although we perform regular backups, you are solely responsible for your own data and for any data you upload to the Services.

Visiting the Services, creating an account, or sending us emails constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

Newsletters & marketing. You may opt out of marketing or newsletter emails at any time by using the unsubscribe link in the message or by contacting hello@leadwell.com.

Product notifications (including Leadwell+). Where enabled by your organization’s admin, you may manage certain product or feature notifications in your in-product notification settings.

Transactional/operational emails. We may send account, security, and service-related emails (e.g., password resets, billing, critical service notices). These are necessary to provide the Services and cannot be opted out of while your account is active.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

These Terms and any policies or operating rules posted by us constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver. If any provision is unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.

If you have questions about these Terms, you may contact us at:

The Kidwell Team, LLC d/b/a Leadwell
11805 Chimney Rock Road, #35874
Houston, TX 77035, United States
Phone: 832-895-1253
Email: hello@leadwell.com