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Terms of Service
Last Updated: August 31, 2026
Fair Use
10% find rate — below this threshold, we reserve the right to throttle, limit, suspend, or terminate access.
Fair Use applies to all LeadMagic Services. For Email Finder and similar metered enrichment APIs, a sustained find rate below 10% may trigger enforcement.
Agreement to Our Legal Terms
These Terms of Service ("Terms," "Agreement," or "Legal Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you," "your," or "User") and Lead Magic Corporation ("LeadMagic," "Company," "we," "us," or "our"), a company registered in Massachusetts, United States, concerning your access to and use of our website at https://leadmagic.io (the "Site"), our data enrichment platform, API services, and any other related products, services, features, content, applications, and functionality that refer or link to these Terms (collectively, the "Services").
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. THESE TERMS INCLUDE AN EXCLUSIVE MASSACHUSETTS VENUE, A JURY TRIAL WAIVER, AND A CLASS ACTION WAIVER (SECTION 20), WHICH AFFECT YOUR LEGAL RIGHTS.
By accessing, registering for, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with all of these Terms, you are expressly prohibited from using the Services and must discontinue use immediately.
Table of Contents
Acceptance of Terms
Services Description
Eligibility and Registration
Account Security
Subscription Plans and Payment
Data Usage and Processing
Fair Use (10% Find Rate)
User Responsibilities and Restrictions (Internal Use)
Intellectual Property Rights
User Data and Content
Data Security and Privacy
API Terms
Third-Party Services and Content
Service Modifications and Availability
Term and Termination
Confidentiality
Publicity
Disclaimer of Warranties
Limitation of Liability
Indemnification
Dispute Resolution and Governing Law
Export Controls and Sanctions
Force Majeure
Electronic Communications
Changes to Terms
General Provisions
Contact Information
1. Acceptance of Terms
1.1 Binding Agreement
By accessing or using our Services, you agree to be bound by these Terms, our Privacy Policy, our Acceptable Use Policy, our Data Use Policy, our Service Level and Availability Policy, our International Use Notice, and any additional terms referenced herein, all of which are incorporated by reference.
1.2 Changes to Terms
We reserve the right to modify these Terms at any time at our sole discretion. We will provide notice of material changes by posting the updated Terms on our Site, sending an email to the address associated with your account, or displaying a notice within the Services.
1.3 Eligibility
The Services are intended for users who are at least 18 years old and have the legal capacity to enter into a binding agreement. By using the Services, you represent and warrant that you meet these requirements. Our Services are not directed to individuals under the age of 16, and we do not knowingly collect personal information from children. See Section 10 of our Privacy Policy for more information.
2. Services Description
2.1 Data Enrichment Services
LeadMagic provides data enrichment services that allow users to enhance, validate, and augment business contact information and related data. Our Services may include, but are not limited to:
Business contact data enrichment
Email verification and validation
Company and firmographic data enrichment
Contact and lead information enhancement
List cleaning and deduplication
API access for data enrichment
Data export and integration capabilities
Data analytics and insights
2.2 Service Limitations
Our Services are subject to certain limitations, including:
Data availability and accuracy limitations based on our sources
Usage limits based on your subscription plan
Technical limitations of our platform
Compliance with applicable laws and regulations
Restrictions on certain types of data processing
2.3 No Performance Guarantees
Some engagements, including but not limited to infrastructure projects or outbound pilot programs, are structured strictly as technical feasibility studies. LeadMagic does not guarantee specific outcomes, such as lead volume, reply rates, open rates, meetings booked, or any ROI metrics.
3. Eligibility and Registration
3.1 Account Creation
To access certain features of our Services, you must create an account. When registering, you agree to provide accurate, current, and complete information about yourself and your business.
3.2 Authorized Users
If you register on behalf of a business entity, you represent and warrant that:
You have the authority to bind that entity to these Terms
You are at least 18 years of age
Your use of the Services will not violate any applicable laws or regulations
3.3 One Account Per User
You may not create multiple accounts for the same person or entity without our express permission. We reserve the right to merge or close duplicate accounts at our discretion.
3.4 Active Organization Subscription Required
All use of the Services—including the Site (other than public marketing pages), platform features, APIs, credits, lookups, bulk jobs, exports, and integrations—requires membership in an organization with an active paid subscription (or an active trial or other access LeadMagic expressly enables in writing). Individual user accounts without an active organization subscription may not use paid or metered features. API keys, credits, and usage are tied to the organization's subscription, not to a personal account alone. If the organization's subscription expires, is canceled, is past due, or is suspended, LeadMagic may immediately suspend or terminate access for that organization and all of its users, disable API keys, and stop processing jobs, without liability and without refund except where required by law.
3.5 Organization as Contracting Party
The customer under these Terms is the organization that holds the subscription (the "Customer Organization"). Individual users and seats act on behalf of that organization. The Customer Organization is jointly and severally responsible for all fees, usage, API activity, User Data, and compliance by its Authorized Users. An organization admin's acceptance of these Terms binds the Customer Organization.
4. Account Security
You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to create a strong, unique password, not share your account credentials with any third party, immediately notify us of any unauthorized use of your account, and log out of your account at the end of each session.
You must immediately notify us of any unauthorized access to your account or any other breach of security by emailing [email protected].
5. Subscription Plans and Payment
Subscriptions are sold and billed at the organization level. You may use the Services only while your organization has an active subscription in good standing (including payment current), as described in Section 3.4. Purchasing credits, using APIs, or running jobs does not create a right to use the Services without that active organization subscription.
5.1 Payment Terms
By subscribing to a paid plan, purchasing credits, using paid API capacity, or ordering any other paid Services, you agree to pay all applicable fees, charges, taxes, and overages associated with your organization's account, order form, usage, or selected plan. All fees are due in advance unless we expressly agree otherwise in writing. You authorize LeadMagic and our payment processors to charge your payment method for recurring fees, renewals, usage-based fees, overages, applicable taxes, and any other amounts due.
You are responsible for keeping billing information accurate and payment methods current. If payment is not received when due, we may suspend or limit access to the Services, disable API keys, stop processing jobs, withhold deliverables, or terminate your account without liability.
5.2 Billing Cycle
Your subscription will automatically renew at the end of each billing cycle (monthly or annually, depending on your plan) unless you cancel or turn off automatic renewal before the applicable deadline. Renewal charges are non-refundable except where required by applicable law or expressly stated in a separate written agreement signed by LeadMagic. For subscriptions with a term longer than thirty-one (31) days (including annual plans), you may turn off automatic renewal through your account billing settings or by emailing [email protected] at least thirty (30) days before the renewal date (the "Non-Renewal Deadline"). Where required, we will send a renewal reminder by email before that deadline stating the renewal date, amount, and how to manage auto-renewal. Turning off automatic renewal stops the next renewal only; it does not refund or shorten the current paid period.
5.3 Cancellation
You may cancel your subscription or turn off automatic renewal at any time through your account billing settings (self-serve) or by contacting [email protected]. If you cancel, you will continue to have access to the Services until the end of your current billing period, but you will not receive a refund for any fees already paid, unused time, unused credits, unused API calls, partially used services, setup work, custom work, or data already delivered.
5.4 No Refunds
Except where required by applicable law or expressly stated in a separate written agreement signed by LeadMagic, all payments are final and non-refundable. We do not provide refunds, credits, charge reversals, or prorations for partial subscription periods, unused services, unused credits, unused API calls, data quality concerns, delayed customer implementation, failure to cancel before renewal, account suspension, account termination, customer-side technical issues, or a decision to stop using the Services. Digital data, enrichment results, verification results, API responses, exports, reports, and other delivered outputs cannot be returned and have no cash value. See our Refund Policy for more details.
5.5 Billing Disputes
If you believe a charge was made in error, you must contact [email protected] within fifteen (15) calendar days after the charge or invoice date and provide enough information for us to investigate the issue. Charges not disputed within that period are deemed accepted to the maximum extent permitted by law. We may, in our sole discretion, issue a correction, service credit, or refund only if we confirm that the charge resulted from our billing error. Dissatisfaction with enrichment quality, find-rate, match accuracy, or verification outcomes is not a billing error.
5.6 Chargebacks and Payment Disputes
You agree to contact LeadMagic directly at [email protected] to resolve any billing issues, subscription disputes, or unrecognized charges before initiating any chargeback, payment reversal, bank dispute, or card network challenge with your bank, credit card issuer, or payment provider. Improper, fraudulent, or unsupported chargebacks and disputes are a material, non-curable breach of these Terms of Service. Subscription fees, API access, and enrichment credits are digital goods and services that are delivered when access is enabled or credits are provisioned to your account; results of individual lookups are not guaranteed (see Section 6).
By registering for, subscribing to, or purchasing our Services, you explicitly agree to the following conditions:
Proof of Service Delivery: You acknowledge that LeadMagic's ordinary business records—including credit grants/balances, API request and credit-consumption logs, job/export records, and account activity—constitute prima facie evidence that digital services or credits were provisioned and made available. Quality or accuracy disputes about individual enrichment or verification results are not a valid basis for a chargeback when Services or credits were provisioned.
Subscription Renewals and Billing Descriptors: Charges processed by LeadMagic will typically display on your card statement under the descriptor LEADMAGIC.IO or LEADMAGIC* SaaS. You are responsible for inspecting your billing statement. By subscribing to a paid plan, you provide explicit, opt-in consent to recurring charges. For monthly plans, cancel or turn off auto-renewal before the renewal charge. For terms longer than thirty-one (31) days, see the Non-Renewal Deadline in Section 5.2.
Administrative Fee for Unsuccessful or Bad-Faith Payment Disputes: If you initiate a chargeback, payment reversal, or card-network dispute without first contacting us as required above, or that is resolved in LeadMagic's favor, or that we reasonably determine was filed in bad faith or without merit, you agree to pay LeadMagic an administrative fee of $150.00 USD per chargeback or dispute case. That fee applies once per chargeback or payment-dispute case filed with a bank or card network for a disputed payment event. It is not charged per contact, per lead, per enrichment result, per credit, or per API call. It is a reasonable pre-estimate of bank/network fees and internal dispute-handling costs for that single dispute filing. Invoice, ACH, wire, and other non-card payment disputes are subject to the same contact-first requirement, administrative fee (where a network or bank dispute is filed), suspension, and license-revocation remedies.
Immediate Account Suspension and Revocation: Upon receipt of a chargeback notice or billing dispute, we may immediately suspend or terminate your account, revoke any unconsumed credits, disable API keys, withhold pending deliverables, and block all future purchases or registrations associated with your domain, organization, payment methods, or users. Suspension does not relieve amounts already owed.
Downstream License Revocation: In the event of a successful chargeback, all licenses granted to you for data obtained during the disputed transaction are immediately revoked. You must destroy, purge, and delete all copies of data, exports, or enrichment results acquired from the disputed charge, and we may deactivate any technical integrations relying on that data.
5.7 Credit Expiration and Rollover
Unless otherwise stated in your subscription plan or a separately negotiated agreement, unused enrichment credits expire at the end of each billing cycle and do not roll over to subsequent periods. Credits, API calls, and usage allocations are licenses to access the Services during the applicable period; they are not property, do not represent stored value, have no cash value, cannot be transferred, cannot be exchanged, and are non-refundable. Once a credit is consumed for a lookup, enrichment, verification, or other metered action, the use cannot be revoked and no replacement credits or refunds will be provided based on the amount or quality of a particular record or result. Metered actions consume credits whether the result is a match, no-match, empty, null, not_found, invalid, or otherwise incomplete. Expired, unused, revoked, promotional, trial, bonus, or forfeited credits are not eligible for refund, credit, replacement, or extension.
On monthly subscription plans, unused subscription credits may roll over to the next billing period. Your workspace may never hold more than two months of your plan's included monthly allocation (2× monthly credits) from subscription rollover. Credits above that cap are removed when the next allocation is added. If you downgrade, the cap follows your new, lower plan — any subscription credits above 2× the new plan's monthly allocation are removed at the plan change.
The 2× cap is based on your current plan. When you downgrade, the cap is recalculated against the new plan's included monthly allocation, and subscription credits above that lower cap are removed at the plan change — they are not preserved at your previous plan's level.
Annual billing plans receive a fresh credit allocation each billing period. Subscription credits do not roll over on annual billing unless expressly stated in your Order Form or custom agreement.
Custom (separately negotiated) deals follow the rollover terms in your written agreement. Rollover is not included by default on custom deals.
One-time top-off credits, promotional credits, and trial credits are separate from subscription rollover caps and follow their own expiration rules.
LeadMagic reserves the right to modify credit expiration, rollover caps, allocation, throttling, and related billing policies upon thirty (30) days' notice, or immediately where needed to address abuse, security risk, legal risk, technical issues, or plan changes.
5.8 One-Time Topoffs
If you consume all your monthly or annual credits before your cycle resets, you can purchase instant credit topoffs directly from your dashboard. Topoff credits are priced at the then-current top-off rate and expire twelve (12) months from the date of purchase. Topoff credits are a one-time purchase, are separate from your subscription allocation, and do not count toward your subscription rollover cap.
5.9 Dynamic Product Pricing
The credit cost of individual data endpoints (e.g., Email Finder vs. Mobile Finder) is determined dynamically based on our costs and is subject to change. We will use commercially reasonable efforts to give notice (in-product or by email) of material credit-cost changes. Changes do not entitle you to a refund and do not reduce fees already due. Enterprise customers may negotiate fixed credit locks by written Order Form.
5.10 Price Protection and Locks
If credit price fluctuations are a concern for your system operations, please contact us to discuss a custom contract. All Enterprise Pricing is paid upfront, billed quarterly, and starts at $2,490/quarter (annual commitments apply). Enterprise deals include dedicated SLA contracts and fixed per-credit locks.
5.11 Taxes and Collections
Fees are exclusive of taxes unless expressly stated otherwise. You are responsible for all sales, use, VAT, GST, withholding, and similar taxes, duties, and governmental charges, excluding taxes based on LeadMagic's income. Overdue amounts may accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by law. You agree to reimburse LeadMagic for reasonable costs of collection, including collection agency fees, court costs, chargeback fees, and attorneys' fees.
6. Data Usage and Processing
6.1 Data Sources
LeadMagic's independently sourced business contact database and related firmographic data (for which LeadMagic acts as an independent controller) may utilize publicly available information, licensed datasets, directories, business registries, public records, and similar sources, as described in our Privacy Policy and Data Use Policy.
When you upload lists or submit API requests, LeadMagic processes those inputs as a processor on your documented instructions (use of the Services). Infrastructure and platform subprocessors that assist with that processing are listed at /legal/subprocessors. Customer uploads and API query payloads are not used to build a shared contributory database for other customers, and are not added to LeadMagic's own contact database. If we ever change that, we will give notice and update these Terms before the change takes effect.
6.2 Results Not Guaranteed; Data Accuracy
Enrichment, find, validate, match, and related outputs are not guaranteed. Results may be incomplete, outdated, duplicated, incorrectly matched, undeliverable, or otherwise inaccurate, and may change over time. We do not warrant any find-rate, accuracy percentage, inbox placement, deliverability, or continued validity of an email, phone, or other field. Email validation and similar checks are technical signals only, not a promise that a mailbox will accept mail or that a person still works at a company. You must independently verify important information before contacting anyone, importing records into production systems, or relying on outputs for compliance-sensitive workflows. Dissatisfaction with results does not entitle you to a refund, replacement credits, or a chargeback when Services or credits were provisioned (see Section 5 and our Refund Policy).
6.3 Compliance with Laws
You are solely responsible for ensuring that your use of our Services and the data obtained through them complies with all applicable laws, regulations, and industry standards, including data protection and privacy laws, anti-spam and electronic communications laws, consumer protection regulations, and industry-specific compliance requirements.
You are solely responsible for determining whether and how you may lawfully contact, market to, enrich, store, import, export, combine, sell, share, disclose, or otherwise use data obtained through the Services. LeadMagic does not provide legal advice, consent management, campaign approval, suppression-list management for your systems, or compliance clearance for your outreach, CRM, advertising, recruiting, or sales activities.
6.4 Data Processing Agreement
To the extent that LeadMagic processes personal data on your behalf (for example, when you upload contact lists for enrichment), LeadMagic acts as a data processor and you act as the data controller, as those terms are defined under the General Data Protection Regulation (GDPR). Such processing is governed by our Data Processing Agreement ("DPA"), which is incorporated into these Terms by reference. In the event of any conflict between these Terms and the DPA with respect to the processing of personal data, the DPA shall control.
6.5 Data Use Policy
Your use of data, enrichment results, API responses, exports, reports, and other outputs obtained through the Services is governed by our Data Use Policy, which is incorporated into these Terms by reference. You are responsible for all downstream use of Service outputs, including notices, lawful bases, opt-outs, unsubscribe handling, suppression, CRM imports, outreach, advertising, and other communications or processing activities.
Fair Use
Fair Use applies to all LeadMagic Services. For Email Finder and similar metered enrichment APIs, a sustained find rate below 10% may trigger enforcement.
10% find rate — below this threshold, we reserve the right to enforce Fair Use.
LeadMagic Services are subject to this Fair Use policy in addition to our Terms of Service, Acceptable Use Policy, Data Use Policy, and API terms. "Fair Use" means usage that is consistent with the intended purpose of the Services, your subscription or order, and the economics of pay-per-successful-result pricing.
For Email Finder, Email Validation, and related enrichment endpoints, we measure find rate (or equivalent successful-match rate for the applicable product) as successful billable results divided by qualifying lookup requests over a rolling evaluation window. Published plan pricing assumes reasonable find rates and input quality; usage that materially deviates may impose disproportionate infrastructure cost. Email Finder and Email Validation may have different published rate limits, plan tiers, and enforcement thresholds.
If your account's sustained find rate falls below 10%, including when LeadMagic is used late in an enrichment waterfall, on directory or retail domains, on previously exhausted lists, through embedded resale without an appropriate plan, or in other patterns that produce high lookup volume with low successful outcomes, we reserve the right to take any reasonable action we deem necessary, including: applying or lowering rate limits; throttling, queueing, or suspending API access; requiring a plan upgrade, volume agreement, or custom contract; adjusting credit consumption or billing; disabling API keys or exports; investigating abuse; and suspending or terminating access.
Fair Use enforcement may apply regardless of remaining credit balance, prepaid credits, rollover credits, or active subscription status. Dissatisfaction with find rate, match quality, or verification outcomes does not constitute a billing error and does not entitle you to refunds except as required by law or expressly stated in writing.
LeadMagic reserves the right to modify Fair Use thresholds, rate limits, product tiering, credit consumption rates, rollover caps, and enforcement policies at any time, with thirty (30) days' notice where commercially reasonable, or immediately where needed to address abuse, security, legal, or platform stability concerns.
Where a signed order form, enterprise agreement, or custom deal expressly sets different usage thresholds or enforcement rules, that written agreement controls for the covered organization for the terms it addresses.
7. User Responsibilities and Restrictions
7.1 Acceptable Use
You agree to use our Services only for lawful purposes and in accordance with these Terms and our Acceptable Use Policy. You shall not use the Services in any way that violates any applicable law or regulation, to engage in fraudulent or harmful activity, to harass or harm another person, or to interfere with or disrupt the Services.
7.2 Prohibited Activities
You are specifically prohibited from:
Scraping, crawling, harvesting, bulk-downloading, or using automated methods to access, copy, or collect data from our Services, Site, APIs, or databases beyond your authorized API or in-product use
Reverse engineering, decompiling, disassembling, or attempting to discover source code, models, matching logic, ranking, or trade secrets
Using the Services, outputs, or documentation to build, train, benchmark, or improve a competing product, service, or contact database
Selling, reselling, sublicensing, timesharing, embedding, or distributing the Services, or serving Service outputs to your clients or end users, except as expressly permitted under Section 7.3
Selling, publishing, sublicensing, transferring, syndicating, or redistributing LeadMagic data, API responses, exports, or Service outputs except as expressly permitted under Section 7.3 (your internal business use of results in your own CRM/outreach is permitted)
Removing or altering proprietary notices, watermarks, or attribution in the Services or outputs
Using the Services to send unsolicited communications (spam)
Using the Services for unlawful marketing, telemarketing, SMS, email, profiling, tracking, retargeting, or other communications, or failing to honor opt-outs, suppression requests, unsubscribe requests, or do-not-contact obligations
Creating multiple accounts to exceed usage limits or evade enforcement
Using the Services, APIs, or credits without membership in an organization that has an active subscription in good standing
Using fraudulent, unauthorized, prepaid, stolen, or disputed payment methods, or initiating unsupported chargebacks or payment reversals
Using the Services to process sensitive personal data without appropriate safeguards
Using the Services, data, or outputs for credit, insurance, employment, housing, lending, tenant screening, education, healthcare, criminal justice, eligibility, consumer reports, or any purpose regulated by the Fair Credit Reporting Act or similar laws
7.3 Internal Use Only; No Redistribution, Resale, or Embedding
Unless a written Enterprise agreement or order form signed by LeadMagic expressly grants redistribution, embed, or commercial-display rights, you may use the Services and all Service outputs solely for your own internal business purposes.
This restriction applies to all LeadMagic products, features, APIs, exports, and data, including without limitation: People Search (including API POST /v3/people/search and in-app People Finder); Jobs Search and Jobs Targeting; Email Finder; Email Validation; Mobile Finder; Company Finder; Profile Search; bulk enrichment; and any other current or future LeadMagic product, API, or dataset.
Self-serve plans (including trials, self-serve subscriptions, and prepaid credits) do not include redistribution, resale, sublicense, timeshare, embed, or other commercial-display rights. Checkout, API key issuance, marketing materials, or documentation do not grant those rights.
Without that signed written agreement, you may not, and may not permit anyone to:
Resell, sublicense, timeshare, syndicate, or otherwise commercialize the Services, LeadMagic Data, or Service outputs
Serve, display, expose, or otherwise make search results, enrichment results, or other outputs available to your clients, customers, end users, or any other third party (including through a portal, dashboard, report product, or white-label offering)
Embed the Services, search interfaces, APIs, or results in a product or service you provide to third parties
Build a competing data, enrichment, people-search, jobs-search, or similar product
Redistribute LeadMagic Data or outputs via API, UI, export, webhook, or any other means to third parties
Internal use means use by your employees, contractors, and service providers acting solely on your behalf, bound by confidentiality and use restrictions at least as protective as these Terms, for your own sales, marketing, recruiting, research, CRM, and go-to-market operations. Using results to contact prospects yourself is internal use. Showing those results to your clients or end users, or letting them search LeadMagic data through your product, is not.
8. Intellectual Property Rights
8.1 Ownership
As between the parties, LeadMagic and its licensors own and retain all right, title, and interest in and to the Services, Site, software, APIs, documentation, databases, schemas, matching and verification logic, models, rankings, user interfaces, designs, trademarks, and all LeadMagic-sourced business contact and firmographic data ("LeadMagic IP" and "LeadMagic Data"), including all improvements and derivatives of the foregoing. These Terms do not transfer any ownership of LeadMagic IP or LeadMagic Data to you. All rights not expressly granted are reserved.
8.2 Limited License
Subject to your compliance with these Terms, timely payment, and your organization's active subscription (Section 3.4), we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during that active subscription to access and use the Services, and to use Service outputs and LeadMagic Data returned to you, solely for your internal business purposes as described in Section 7.3 (including your lawful sales, marketing, recruiting, and go-to-market activities). The license does not include any right to resell, embed, redistribute, or display outputs to your clients or end users unless a signed Enterprise agreement expressly grants that right. The license ends when the organization subscription ends. No other license is granted, whether by implication, estoppel, or otherwise.
8.3 Feedback
If you provide feedback, ideas, or suggestions about the Services, you grant LeadMagic a perpetual, irrevocable, worldwide, royalty-free license to use and exploit that feedback without restriction or attribution. Feedback is not your Confidential Information.
8.4 Trademarks
"LeadMagic," the LeadMagic logo, and all related names, logos, product and service names, designs, and slogans are trademarks of LeadMagic or our affiliates. You may not use such marks without our prior written permission.
8.5 Equitable Relief
You acknowledge that unauthorized use or disclosure of LeadMagic IP or LeadMagic Data may cause irreparable harm for which monetary damages are inadequate. LeadMagic may seek temporary, preliminary, and permanent injunctive relief, specific performance, and other equitable remedies without posting a bond, in addition to any other remedies available at law or in equity.
9. User Data and Content
9.1 Definition
"User Data" means any data, information, or content that you submit, upload, transmit, or otherwise make available through the Services, including but not limited to: contact lists uploaded for enrichment (e.g., CSV files, spreadsheets), data submitted via API requests, account profile and settings information, queries and search inputs entered into the platform, and any other content or materials you provide to LeadMagic in connection with your use of the Services. User Data does not include data independently sourced by LeadMagic from third-party providers or public sources.
9.2 Ownership and License
You retain all right, title, and interest in and to your User Data. By submitting User Data to the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, transmit, store, process, and display your User Data solely to provide, secure, operate, and support the Services for you, and as otherwise described in our Privacy Policy and Data Processing Agreement. We do not use User Data to build or update a shared contact database made available to other customers. Service outputs that include LeadMagic Data remain subject to Section 8; you do not acquire ownership of LeadMagic IP or LeadMagic Data by receiving outputs.
9.3 Representations and Warranties
You represent and warrant that you have all necessary rights, permissions, and consents to provide the User Data to us and that your User Data complies with all applicable laws and regulations.
You further represent and warrant that your collection, upload, enrichment, use, disclosure, and retention of User Data and Service outputs will comply with all applicable laws and third-party rights, and that you will not submit sensitive personal data, regulated consumer report data, payment card data, government identifiers, health data, children's data, or other restricted data unless expressly authorized by LeadMagic in writing and supported by all required safeguards.
10. Data Security and Privacy
Our Privacy Policy governs our collection, use, and disclosure of your personal information. We implement reasonable administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of your User Data. However, no security system is impenetrable, and we cannot guarantee the security of our systems or your User Data.
11. API Terms
11.1 API Access
API access requires an organization with an active subscription in good standing (Section 3.4). Subject to that subscription, your plan limits, and compliance with these Terms, LeadMagic may provide access to application programming interfaces ("APIs") to integrate with our Services. Your use of the APIs is subject to this Section 11 and all other applicable provisions of these Terms. We may reject, throttle, or disable API requests made without an active organization subscription.
11.2 API Keys
You are responsible for safeguarding your API keys and access credentials. API keys are issued for use under your organization's subscription and may not be shared with, sold to, or transferred to any third party or used outside that organization. You must immediately notify us if you believe your API keys have been compromised.
You are responsible for all activity under your account and API keys, whether or not authorized by you, unless the activity results solely from LeadMagic's breach of these Terms. We may rotate, revoke, disable, or require replacement of API keys where we reasonably believe there is security, abuse, legal, payment, or platform risk.
11.3 Rate Limits and Fair Use
API access is subject to rate limits, usage quotas, and Fair Use requirements as specified in your subscription plan, our API documentation, and Section Fair Use (including the 10% find-rate threshold). LeadMagic reserves the right to modify rate limits, Fair Use thresholds, product tiering, and enforcement policies as described in Section Fair Use. We may throttle, queue, reduce limits, or temporarily or permanently suspend API access if usage patterns threaten the stability or performance of the Services, fall below Fair Use thresholds, or otherwise violate these Terms.
11.4 Availability and Changes
LeadMagic does not guarantee any specific level of API uptime or availability, except as expressly set forth in a separately negotiated service level agreement. We may modify, deprecate, or discontinue API endpoints at any time. We will use commercially reasonable efforts to provide at least thirty (30) days' notice before deprecating any API endpoint that is material to the Services, except in cases of security vulnerabilities or legal requirements.
11.5 Restrictions
In addition to the restrictions in Section 7, you may not:
Use the APIs to build a product or service that competes with or substitutes for the Services
Store, cache, warehouse, or compile LeadMagic Data or API results into a database for the purpose of serving subsequent requests without re-querying the Services and consuming Credits (temporary caching solely as needed to deliver a single transaction response is permitted)
Train, fine-tune, or improve machine-learning models using LeadMagic Data or API outputs, except for models used solely inside your organization that do not create a competing contact database or substitute for the Services
Exceed rate limits or attempt to circumvent usage quotas through multiple accounts or other means
Sublicense or provide API access to third parties without LeadMagic's prior written consent
Use the APIs (including People Search, Jobs Search, Jobs Targeting, Email Finder, Email Validation, Mobile Finder, Company Finder, Profile Search, bulk enrichment, and all other endpoints) to serve, embed, or display results to your clients or end users, or to operate a customer-facing search, enrichment, or data product, except as expressly permitted under Section 7.3
Violation of this Section 11.5 is a material breach and may result in immediate suspension or termination and recovery of damages, including unjust enrichment and LeadMagic's costs of investigation.
11.6 No Reliance on API Output
API responses and enrichment outputs may be delayed, incomplete, unavailable, rate-limited, incorrectly matched, or inaccurate. You are responsible for validating outputs before use and for designing your integrations to handle errors, retries, duplicate records, empty results, changed schemas, deprecations, timeouts, and partial failures.
12. Third-Party Services and Content
The Services may integrate with or enable access to third-party websites, services, or resources. These Third-Party Services may have their own terms of service and privacy policies, and your use of them will be governed by those terms and policies. We do not control and are not responsible for the content, security, availability, or practices of any Third-Party Services.
13. Service Modifications and Availability
We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for planned downtime, emergency maintenance, and circumstances beyond our reasonable control.
Except as expressly set forth in a separate written service level agreement signed by LeadMagic, availability, support, maintenance, service credits, beta features, trials, and free tools are governed by our Service Level and Availability Policy. No service credit, refund, or other remedy is available for downtime, delays, degraded performance, data-source limitations, data accuracy or coverage complaints, or support response times unless expressly required by that policy, a signed agreement, or applicable law.
13.3 Beta, Preview, and AI Features
Beta, preview, experimental, evaluation, or AI-assisted features ("Beta Features") are provided AS IS, may be changed or discontinued at any time, are not covered by any SLA or uptime commitment, and may be less accurate or less available than generally available features. AI outputs are not legal, compliance, or professional advice; you must review them before use. Feedback on Beta Features is licensed to LeadMagic under Section 8.3. Unless we agree otherwise in writing, we may use de-identified technical telemetry from Beta Feature use to operate and improve those features; we do not use your User Data to train models for other customers.
14. Term and Termination
14.1 Term
These Terms shall remain in full force and effect while you use the Services or while your Customer Organization has an active subscription, whichever is longer for accrued obligations.
14.2 Suspension
We may throttle, suspend, limit, or disable API keys immediately (with or without prior notice) if we reasonably believe your use creates security, legal, payment, chargeback, abuse, vendor, platform, reputational, excessive-load, or data-subject risk, or if your organization subscription is past due, expired, canceled, or lacking. Suspension does not relieve fees already owed.
14.3 Termination
We may terminate or suspend your account and access to the Services at any time, without prior notice or liability, if you breach these Terms, for non-payment, or for the risks in Section 14.2. For material breaches that are reasonably curable and do not involve security, payment, IP misuse, scraping, or illegal activity, we will use commercially reasonable efforts to give you ten (10) days' notice to cure before termination, but we are not required to do so where delay would increase risk. You may stop using the Services at any time; stopping use does not terminate an active paid subscription or refund fees except as stated in Section 5 and the Refund Policy. Upon termination, your right to use the Services immediately ceases.
14.4 Effect of Termination
On termination or expiration: (a) access ends and API keys may be revoked; (b) accrued fees, chargeback administrative fees, interest, and collection costs remain due; (c) unused credits expire with no refund; (d) you may export your User Data for thirty (30) days after termination if technically available, after which we may delete it in the ordinary course (subject to the DPA and legal retention); and (e) you must cease using LeadMagic Data obtained through the Services where required by these Terms, the Data Use Policy, or applicable law, and must not continue to operate a competing database built from LeadMagic Data. LeadMagic Database Data remains LeadMagic's property.
14.5 Survival
The following survive termination or expiration: Sections 3.4–3.5, 5 (including chargeback fees, collections, and license revocation), 6–9, 11.5–11.6, 14.4–14.5, 15 (Confidentiality), 16 (Publicity, to the extent applicable), 17–25, and any other provisions that by their nature should survive, including post-termination deletion and IP remedies.
15. Confidentiality
"Confidential Information" means non-public information disclosed by one party ("Discloser") to the other ("Recipient") that is marked confidential or that a reasonable person would understand to be confidential, including pricing, Order Forms, non-public product features, security materials, API documentation not published for general use, and business information. Confidential Information does not include information that is public through no fault of the Recipient, was rightfully known without obligation, is independently developed, or is rightfully received from a third party without duty of confidentiality.
The Recipient will protect the Discloser's Confidential Information with at least reasonable care, use it only to perform under these Terms, and disclose it only to personnel and advisors who need to know and are bound by similar obligations. The Recipient may disclose Confidential Information if legally compelled, provided it gives reasonable advance notice where lawful and cooperates in seeking protective treatment. These obligations survive for three (3) years after disclosure (and indefinitely for trade secrets for so long as they remain trade secrets).
16. Publicity
LeadMagic may identify your Customer Organization as a customer by name and logo in customer lists, websites, and marketing materials, unless you opt out by emailing [email protected]. Any other use of your marks requires your prior written consent. Your use of LeadMagic marks remains subject to Section 8.4.
17. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DATA PROVIDED WILL BE ACCURATE OR COMPLETE.
18. Limitation of Liability
18.1 Exclusion of Indirect Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEADMAGIC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF LEADMAGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18.2 Aggregate Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEADMAGIC'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO LEADMAGIC IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
18.3 Exceptions
Sections 18.1 and 18.2 do not limit: (a) your payment obligations; (b) your indemnification obligations under Section 19; (c) your breach of Sections 7, 8, 11.5, or 15 (including misuse of LeadMagic IP, LeadMagic Data, or Confidential Information); (d) fraud or willful misconduct; or (e) liability that cannot be limited under applicable law (including M.G.L. c. 93A where it applies).
19. Indemnification
19.1 By Customer
You agree to defend, indemnify, and hold harmless LeadMagic and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms, your violation of any third-party rights, your User Data, your use or misuse of data or outputs obtained through the Services, your outreach, marketing, sales, CRM, advertising, recruiting, or other downstream activities, your failure to honor opt-outs or suppression obligations, your payment disputes or chargebacks, or any allegation that your use of the Services violates privacy, data protection, anti-spam, consumer protection, telemarketing, employment, credit, sanctions, export, or similar laws.
19.2 By LeadMagic (IP)
LeadMagic will defend you against third-party claims that the Services, as provided by LeadMagic and used in accordance with these Terms, infringe that third party's U.S. intellectual property rights, and will pay damages finally awarded or agreed in settlement. This does not apply to claims arising from User Data, your misuse, combination with non-LeadMagic items, Beta Features, or LeadMagic Data sourced from third parties as independent controller data. If infringement is alleged, LeadMagic may modify the Services, procure a license, or terminate the affected feature with a pro-rata refund of prepaid fees for the unused portion of the then-current term for that feature only.
20. Dispute Resolution and Governing Law
20.1 Governing Law
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Nothing in these Terms limits rights or remedies that cannot be limited under Massachusetts law, including M.G.L. c. 93A where it applies.
20.2 Exclusive Venue (Massachusetts)
Subject to Section 20.5 and any non-waivable law, the state courts located in Norfolk County, Massachusetts and the U.S. District Court for the District of Massachusetts have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Services. You and LeadMagic each consent to personal jurisdiction in those courts, waive any objection based on venue or forum non conveniens, and agree that any judgment may be enforced in any other jurisdiction.
20.3 Informal Resolution
Before filing a lawsuit (other than claims for unpaid fees, chargebacks, or injunctive relief under Section 20.5), the parties will try in good faith to resolve the dispute by written notice to [email protected] (or to the email on your account) and conferring for thirty (30) days.
20.4 Jury Trial and Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND LEADMAGIC EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF THE CLASS ACTION WAIVER IS FOUND UNENFORCEABLE, THE REMAINDER OF THIS SECTION 20 REMAINS IN EFFECT, AND THE CLAIM PROCEEDS IN THE COURTS SPECIFIED IN SECTION 20.2.
20.5 Injunctive Relief; Collections
LeadMagic may seek temporary, preliminary, or permanent injunctive or other equitable relief in any court of competent jurisdiction to stop actual or threatened infringement, misappropriation, or misuse of LeadMagic IP, LeadMagic Data, or Confidential Information, or to stop unauthorized access to the Services, without first completing informal resolution and without limiting other remedies. Claims for unpaid fees, chargebacks, or collection of amounts owed may be brought by LeadMagic in the courts specified in Section 20.2 (or any court where you are subject to jurisdiction) without a prior informal-resolution period.
20.6 Attorneys' Fees
In any action to enforce payment obligations or to protect LeadMagic IP or LeadMagic Data, the prevailing party is entitled to recover its reasonable attorneys' fees and costs from the other party, in addition to any other relief awarded.
20.7 Non-Waivable Rights
The governing-law, venue, jury-waiver, class-waiver, warranty, liability, and remedy provisions in these Terms apply only to the maximum extent permitted by law. They do not waive rights or remedies that cannot lawfully be waived, including applicable consumer-protection rights. If a mandatory law requires a different forum or remedy, that requirement controls only to the extent of the conflict.
21. Export Controls and Sanctions
The Services may be subject to U.S. export control and sanctions laws and regulations, including the Export Administration Regulations, the International Traffic in Arms Regulations, and programs administered by the Office of Foreign Assets Control ("OFAC"). You represent and warrant that you are not located in, organized under the laws of, or a resident of any country or territory subject to comprehensive U.S. sanctions (currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine), and you are not designated on any U.S. government list of prohibited or restricted parties, including the Specially Designated Nationals List maintained by OFAC. You agree not to use, export, re-export, or transfer the Services in violation of any applicable export control or sanctions laws.
If you access or use the Services from outside the United States, you are responsible for complying with all local laws that apply to you, your organization, your users, your data, your campaigns, and your use of Service outputs. We do not represent that the Services are appropriate, available, lawful, or permitted in every jurisdiction. International access and use are also governed by our International Use Notice.
22. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) to the extent that such failure or delay results from circumstances beyond the party's reasonable control, including but not limited to: acts of God, natural disasters, pandemic or epidemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, labor disputes, shortages of transportation, facilities, fuel, energy, labor, or materials, failure of telecommunications or information technology infrastructure, hacking or cyberattacks, power outages, or actions or inactions of governmental authorities, including changes in law or regulation. The affected party shall use commercially reasonable efforts to mitigate the impact and resume performance as soon as practicable, and shall provide prompt written notice to the other party.
23. Electronic Communications
By using the Services or providing your email address to us, you consent to receive electronic communications from LeadMagic, including but not limited to emails, in-app notifications, and notices posted on our Site or within the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may opt out of marketing communications at any time by following the unsubscribe instructions in those messages, but you may not opt out of transactional or service-related communications.
24. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.
25. General Provisions
25.1 Severability
If any provision of these Terms is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.
25.2 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by LeadMagic.
25.3 Assignment
You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this Section shall be null and void. LeadMagic may freely assign, transfer, or delegate its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.
25.4 Entire Agreement; Incorporated Policies
These Terms, together with the Privacy Policy, Acceptable Use Policy, Data Use Policy, Data Processing Agreement, Refund Policy, Service Level and Availability Policy, International Use Notice, Subprocessors List, and any Annual Subscription Agreement or Order Form that applies to you, constitute the entire agreement between you and LeadMagic regarding the Services and supersede any prior agreements. No purchase order or Customer terms apply unless LeadMagic expressly agrees in a signed writing.
25.5 Order of Precedence
If there is a conflict among documents, the following order controls (highest first): (1) a signed Order Form or amendment for the specific terms it addresses; (2) a signed Annual Subscription Agreement (if applicable); (3) the Data Processing Agreement for processing of Customer Personal Data; (4) these Terms; (5) the Refund Policy, Data Use Policy, Acceptable Use Policy, and Service Level Policy; (6) Documentation and help center content. More specific written commercial terms control over general website terms for the same subject.
25.6 Relationship; No Third-Party Beneficiaries
The parties are independent contractors. These Terms do not create a partnership, joint venture, employment, or agency relationship. Except for LeadMagic affiliates and indemnified parties under Section 19, there are no third-party beneficiaries.
25.7 Notices
Legal notices to LeadMagic must be sent to [email protected] and to Lead Magic Corporation, 160 Gould Street, Suite 320, Needham, MA 02494, United States. We may notify you via the email on your account or by posting in the Services. Email notice is deemed received on the business day after sending (or immediately if confirmed by reply). You must keep your account email current.
25.8 Service of Process
You consent to service of process by email to the address on your account and by overnight courier or certified mail to any address you provide, in addition to any method permitted by law, for claims relating to unpaid fees, chargebacks, or these Terms.
25.9 Usage Verification
LeadMagic may monitor usage for security, billing, and abuse prevention. On reasonable notice, no more than once per twelve (12) months (unless we reasonably suspect a breach of Sections 7 or 11), we may request information reasonably necessary to verify that your use complies with these Terms. You will cooperate in good faith. Audits will not require disclosure of unrelated third-party confidential information.
26. Contact Information
If you have any questions about these Terms, please contact us at:
Lead Magic Corporation
160 Gould Street, Suite 320
Needham, MA 02494
United States
Email: [email protected]
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