Leads CRM – User Agreement
1. Parties
This User Agreement (“Agreement”) is entered into between Leads Software Technologies Inc. (“Company” or “Leads”) and the users (“User”) who purchase a subscription package or create a trial membership for the cloud-based CRM services (“Applications”) provided via the websites located at https://www.leadsapp.ai and app.leads.com.tr (“Websites”), web applications, or mobile applications. This Agreement shall take effect as soon as it is electronically approved by the User and shall remain in effect unless terminated by either Party in accordance with the procedures specified in this Agreement
2. Subject and Scope of the Agreement
2.1. This Agreement is executed to regulate the terms and conditions of the User’s utilization of the Application and the data uploaded by the User to the Application (“Content”) and to define the mutual rights and obligations of the Parties.
2.2. This Agreement shall apply to each Application and/or product purchased by the User through paid subscriptions or accessed through a trial subscription.
2.3. The Application includes the Leads CRM product provided to Users by the Company. In this Agreement, the Application and Sites collectively constitute the Leads platform (“Platform”).
2.4. Notifications, terms of use, rules, and conditions regarding the Platform (collectively referred to as “Terms of Use”) are published on the relevant Platform. The Terms of Use constitute an integral part of this Agreement. The User agrees to comply with the Terms of Use, acknowledges that they come into effect upon publication, and accepts that Leads reserves the right to unilaterally amend the Terms of Use without notice. It is the User’s responsibility to regularly monitor the Terms of Use, which, together with this Agreement, define all rights and obligations of the User.
3. Rights and Obligations of the Parties
3.1. The User agrees to provide complete, accurate, and up-to-date information as requested by the Company to use the Platform and to approve this Agreement. If any changes occur in the provided information during the establishment of User status, the User is obligated to update this information immediately. The Company assumes no liability for any inability to access the Platform or use the services due to incomplete, false, or outdated information. The User is solely responsible for any changes made to the Platform.
3.2. The User declares that they are at least 18 years old and have the legal capacity to enter into this Agreement. If the User accesses the Platform on behalf of a business entity, they represent and warrant that they are duly authorized to act on behalf of the entity. In such cases, the rights and obligations arising from the User status belong to the business entity.
3.3. The User may only create a single User account. If a User account is suspended or terminated by the Company, the User is prohibited from creating another account using the same or different information. The Company reserves the right, at its sole discretion, to reject the creation of a User account and/or request additional information or documents without providing a reason.
3.4. Access to the Platform will be conducted using the User’s email address and password. The confidentiality and security of this password are the User’s responsibility. Any activity performed on the Platform using these credentials will be deemed to have been conducted by the User, who assumes all legal and criminal liability arising from such activities. In case of unauthorized use or a security breach, the User is required to notify the Company immediately.
3.5. The User agrees to use the Platform solely for lawful purposes and to act in compliance with this Agreement, its annexes, applicable laws, and other terms and conditions specified on the Site and Application. The User may use the Platform on behalf of third parties only if authorized to provide services to such third parties. In such cases, the User is responsible for ensuring that these third parties comply with this Agreement and all applicable terms and conditions.
3.6. The User may, at their discretion and as deemed appropriate, authorize a third party (“Authorized User”) to use the Platform and/or create an account on behalf of the Authorized User. The identity of the Authorized User and the level of access within the Application shall be determined by the User. The User assumes direct responsibility for the use of the Platform by Authorized Users and may at any time monitor, modify, or revoke the access level of the Authorized Users without providing a reason.
In the event of a dispute between the User and the Authorized User regarding access to the Platform or Content, the decision on the Authorized User’s access rights and level will be made solely by the User. The User is responsible for ensuring that Authorized Users fully comply with all terms and conditions of this Agreement.
Additionally, the User acknowledges and agrees to waive in advance any right to claim that transactions conducted through their profile or the profiles of Authorized Users are unauthorized. The User accepts full responsibility for such transactions without any right of objection.
3.7. The Content shared by the User is owned by the User, and the User bears sole responsibility for such Content. The Company is granted the right to use the Content within the scope of the license provided by the User under this Agreement. The Company shall not be held liable for the Content or any loss or damages resulting from the Content. In this context, all responsibilities regarding the legality, accuracy of the Content, payment of invoices, collection processes, financial transactions, and tax reporting rest solely with the User.
The User is solely responsible for ensuring compliance with applicable laws regarding customer relations, proposal processes, financial transactions, tax obligations, and other related matters. The User expressly acknowledges, declares, and agrees that the Company may delete the Content from the Platform or its systems in accordance with financial regulations or other legal requirements and that the Company shall not be liable for any damages, including data loss, resulting from such actions.
3.8. The User acknowledges, declares, and agrees not to engage in any activities that may compromise the security and integrity of the computer and network systems owned by third parties hosting the Company or the Platform. The User further undertakes not to use the Platform, the Application, the Site, or the systems through which services are provided in any manner that disrupts their functionality, prevents other users from benefiting from the services, or causes harm to these systems.
The User agrees not to gain unauthorized access to the computer systems on which the Platform is hosted or to exceed the scope of access granted to them. The User further undertakes not to upload or transmit any files or content that could harm the computer systems, devices, or software belonging to the Company or third parties, including but not limited to materials protected by copyright, containing trade secrets, or materials for which the User has no right of use or ownership.
Furthermore, the User agrees not to modify, copy, adapt, reproduce, decompile, create source code, or perform reverse engineering on any computer programs used in the provision of services or the operation of the Platform, except where strictly necessary for ordinary use.
3.9. The User acknowledges that the use of the Platform is subject to restrictions, including but not limited to transaction volume and storage limits, as determined solely by the Company. These restrictions will be clearly communicated to the User within the Platform.
3.10. The User is responsible for maintaining backups of any Content uploaded to the Application. While the Company will implement appropriate policies and procedures to prevent data loss, it does not guarantee that Content will never be lost. The Company shall not be held liable for any loss of Content, regardless of the cause.
3.11. Data Processing and User Responsibilities
a. Data Protection and Processing
The Company processes, stores, and uses personal data provided by the User in accordance with the General Data Protection Regulation (GDPR) and the Company’s Privacy and Data Protection Policies. Personal data will only be processed as necessary for providing the services described in this Agreement.
b. Processor Role and User Obligations
The Company acts as a Data Processor under GDPR and provides cloud-based financial, business management, and CRM applications through the Platform. The User retains full responsibility for any Content uploaded to the Platform. Legal compliance regarding the Content is solely the responsibility of the User.
c. Data Sharing and Use
The User consents to the Company sharing Content with third parties as necessary to provide requested services, including:
- Sending quotes
- Issuing invoices
- Sharing payment information
Such data sharing will be limited to the scope of requested services. The Company assumes no responsibility for any direct or indirect liabilities arising from such sharing.
d. User Obligations
The User agrees to:
- Comply with GDPR and other applicable regulations,
- Obtain explicit consent from their customers and provide all necessary disclosures,
- Assume responsibility for non-compliance with these obligations and for any resulting liabilities.
e. Liability for Data Breaches
The User agrees to indemnify the Company for any damages (including legal fees, administrative fines, etc.) incurred as a result of data processing violations. Such damages will be payable to the Company immediately and without the need for a court ruling.
f. Data Security and Retention
The Company will implement reasonable technical and organizational measures to protect the Content against unauthorized access. However, the User is responsible for maintaining regular backups of the Content and accepts that the Company is not liable for any damages resulting from data loss.
g. International Data Transfers
The User acknowledges that providing services through the Platform may require transferring personal data outside the European Union. The Company will implement GDPR-compliant mechanisms, such as Standard Contractual Clauses, to ensure appropriate safeguards during such transfers.
h. User Rights
The User retains the right to:
- Access personal data,
- Request corrections or deletions,
- Restrict or object to data processing,
- Exercise data portability rights,
- File complaints with relevant authorities for non-compliance.
The Company will address User requests within a reasonable timeframe and in compliance with applicable laws.
3.12. The User acknowledges that the Company may disclose User information to authorized government authorities upon lawful request. Aside from such cases, User information and transaction data may be used to ensure security, fulfill Company obligations, and conduct statistical analysis. Such data will be stored in a database, anonymized when necessary, and may be used for performance evaluation, marketing campaigns, and annual reporting.
3.13. In the event of any technical issues related to the Application, the User shall make reasonable efforts to identify and diagnose the problem before contacting the Company. If technical support is still required, the necessary assistance will be provided through the Platform or other communication channels deemed appropriate by the Company.
During the technical support process, the User may grant temporary access to their data to the Company’s employees via the “GRANT ACCESS” option located in the Platform’s Settings section. This access permission is granted explicitly by the User and will only be used for the purpose of resolving the issues encountered. The permission is limited to a maximum duration of 14 days at a single session of granting access. The User retains the right to revoke the granted access at any time.
The User acknowledges that during the granted access period, the Company may access their data solely for the purpose of resolving technical issues or providing usage support. Upon the expiration or revocation of the access permission by the User, the Company’s employees’ access to the data will be immediately terminated.
3.14. If communication tools (such as forums, chat systems, or messaging centers) are provided within the Platform, the User agrees to use them exclusively for lawful and appropriate purposes. The User shall not use these tools for unauthorized promotion, unsolicited communication, distribution of harmful files, or sharing offensive or illegal content.
The User is solely responsible for the content they share and guarantees they possess the necessary rights for such communications. The Company assumes no obligation to monitor communication tools but reserves the right to remove inappropriate content or restrict access at its discretion.
The Company may remove or disable communication tools at any time without prior notice.
3.15. The Company reserves the right to amend this Agreement and the Terms of Use without prior notice. Updates will be communicated electronically or via the Platform. It is the User’s responsibility to review such updates. Continued use of the Platform following any changes will constitute acceptance of the revised terms. If the User does not agree with the updates, they may terminate this Agreement under the provisions set forth in Section 8.
3.16. The User may not transfer or assign their account, this Agreement, or any associated rights and obligations to third parties under any circumstances without the prior written consent of the Company.
3.17. The User may delete Content uploaded to the Platform, except for data that the Company is legally obligated to retain. Upon termination of the User’s membership, access to the User’s account will no longer be available.
3.18. In case of breach of this Agreement, the Company reserves the right to suspend the User’s account or terminate the Agreement immediately and without liability. The Company retains the right to seek compensation for any damages resulting from the User’s breach.
3.19. The User acknowledges that credentials (e.g., usernames, passwords) provided for third-party integrations are solely their responsibility. The Company disclaims any liability for issues arising from such credentials. The User may delete these credentials via the Platform at any time.
3.20. The User is responsible for safeguarding all access credentials (e.g., usernames, passwords, or access codes) provided for using the services under this Agreement. The User agrees not to share these credentials with third parties and to notify the Company immediately in case of unauthorized use or a breach of security.
The Company shall not be held liable for any damages arising from the sharing or unauthorized use of access credentials, including integration passwords provided to the User or those already in the User’s possession, by third parties under any circumstances.
3.21. The User acknowledges that the Company may collaborate with third-party service providers to fulfill its obligations under this Agreement. By accepting this Agreement, the User consents to the Company delegating such responsibilities to third parties.
4. Payments
4.1. The User may access the Application only upon full and timely payment of the fees specified within the Platform, under the payment terms and methods defined by the Company.
4.2 The User may use the Application free of charge for the duration specified on the Platform. However, upon the expiration of this trial period, the User’s membership will convert to a paid membership based on the selected membership type, service level, functionality, promotions, or contract duration. The fees related to the Application, payment terms, and their effective dates will be communicated to the User in the relevant sections of the Platform.
The User has the right to upgrade or downgrade their membership package upon request. However, such requests will only be processed at the end of the current membership term unless otherwise specified by the Company. Any changes to the fees and payment terms associated with the User’s current membership package during the membership period will only take effect after the end of the current membership term. The new fees and payment terms will apply starting from the beginning of the new membership term.
During the membership period, in the event of the termination of the membership for any reason, including the termination of the Agreement, no refunds will be issued to the User.
4.3. The Company reserves the right to impose or remove charges for any service offered within the Platform at its sole discretion. If a previously free service becomes chargeable, the User will be notified in advance. If the User does not wish to pay, they have the right to discontinue or cease using the relevant service.
4.4. Unless canceled at least 14 (fourteen) days prior to the end of the current subscription period, the User’s subscription will automatically renew at the then-applicable rate and terms.
4.5. For prepaid services, invoices will be generated and sent electronically to the User’s registered email address upon payment. For postpaid services, the User agrees to pay the invoice amount within 7 (seven) days of the invoice date. All applicable taxes and fees are the sole responsibility of the User.
4.6. To facilitate updates related to the User’s subscription, payment, and integration services, the Company may store the User’s credit card, account, or other payment details as necessary.
5. Privacy
5.1. The Company and the User agree to keep and maintain the confidentiality of any information related to the other party’s services, operations, activities, financial status, and any technical details concerning this Agreement and the Terms of Use. The parties undertake not to disclose such information, in whole or in part, directly or indirectly, to any third parties or organizations under any circumstances.
5.2. The Company and the User shall not use the confidential information provided to them for any purpose other than its intended use, nor shall they distribute or disclose such information to any third parties. Furthermore, they agree and undertake to take all necessary measures to ensure that their employees also comply with these confidentiality obligations.
5.3. Confidential information encompasses all products, technologies, procedures, programs, financial data and objectives, data, know-how, designs, software, customer lists, pricing, and other similar information exchanged between the Company and the User in written, verbal, or electronic formats. Both the Company and the User agree and undertake to maintain the confidentiality of such information and to take all necessary security measures to prevent unauthorized access.
5.4. Even in the event of the termination of this User Agreement for any reason, the obligations set forth in this clause shall remain in effect indefinitely without being subject to any time limitation.
6. Intellectual Property
6.1. All rights, ownership, and interests in the Platform belong to the Company and/or the corporate group to which the Company is affiliated. Under this Agreement, the User is granted a personal, worldwide, royalty-free, non-transferable, and non-exclusive license to use the Platform solely for its intended purpose. No provision in this Agreement shall be construed as transferring rights or interests related to the Platform to the User.
The User grants the Company the necessary usage rights to process, copy, transmit, store, and back up their data and Content solely for the purposes of accessing the Application, using the Application, and delivering the related services. The Company retains the right to sublicense Content to third-party developers to the extent necessary for service delivery.
6.2. The User is under no circumstances and for no reason granted the right to copy, modify, reproduce, reverse engineer, decompile, or otherwise access the source code of the software on the Platform, nor to create derivative works from the Platform. Additionally, any alteration of the browser or content related to the Platform, or the creation of links to or from the Platform without the explicit consent of the Company, is strictly prohibited.
6.3. The User shall not, under any circumstances, use the trade name, trademark, service mark, logo, domain name, or any other identifying features of the Company or its affiliated entities in any manner.
7. Limitation of Liability
7.1. The Application, software, and other content within the Platform are provided “AS IS,” and the Company makes no representations or warranties regarding the accuracy, completeness, or reliability of the Application, software, or content. The User acknowledges and agrees that the Company does not make any commitments concerning the correlation of the Content or other User data. The Company does not guarantee that the Platform will operate uninterrupted or error-free.
While the Company aims to ensure that the Platform is accessible and available 24/7, it does not warrant the functionality or availability of the systems enabling access to the Platform. The User accepts that access to the Platform may occasionally be restricted or interrupted. The Company shall not be held liable for such interruptions or access restrictions.
7.2. Links to third-party websites, portals, files, or content provided on the Platform are for convenience only. The Company does not endorse or guarantee the accuracy of such third-party content and accepts no liability for any damages resulting from its use.
7.3. The quality and availability of the Platform depend on the User’s internet service provider. The Company assumes no responsibility for service interruptions caused by third-party providers.
7.4. The User assumes full responsibility for the accuracy, legality, and safety of the Content uploaded to the Platform and any consequences of its use. The User agrees to indemnify and hold the Company harmless from any claims or disputes, including legal fees, arising from the Content or the User’s use of the Platform.
7.5. To the extent permitted by law, the Company is not liable for any direct, indirect, incidental, punitive, or consequential damages, including lost profits, business interruptions, or loss of goodwill, resulting from the use of the Platform. The Company’s total liability under this Agreement is limited to the amount paid by the User for the relevant services during the period of the alleged damage.
7.6. The User is solely responsible for the accuracy, security, and legal compliance of the content uploaded to the Platform. The User agrees to indemnify Leads for any damages it may incur due to such content, including compensating for payments made to third parties, without the possibility of recourse. The User further undertakes to reimburse Leads for any losses upon request, without the need for a court order, and to do so immediately.
7.7. Leads reserves the right to claim from the User any direct or indirect damages, judicial or administrative fines, compensation arising from third-party claims, court costs, and any other expenses incurred as a result of the User’s actions, without the need for prior notice, a court order, or third-party approval.
8. Term and Termination
8.1. This Agreement shall become effective upon the User’s electronic acceptance and shall remain in effect unless terminated by either Party in accordance with the procedures specified below.
8.2. Either Party may terminate this Agreement without cause and without liability for compensation by providing written notice to the other Party at the email address provided by the other Party, at least 14 (fourteen) days in advance.
8.3. If either Party fails to fulfill its obligations under this Agreement fully and properly, the other Party may issue written notice requesting that the breach be remedied within a specified period. If the breach is not remedied by the end of this period, the notifying Party may terminate this Agreement. If the breach originates from the User, the Company reserves the right to suspend the User’s status until the breach is remedied. In cases where the User violates applicable laws, the Company may immediately terminate this Agreement for cause.
8.4. The termination of this Agreement does not affect the rights and obligations of the Parties that have accrued up to the termination date. As of the termination date, the User remains responsible for all accrued fees and expenses and loses access to the Platform. In the event of membership termination, the User shall not be entitled to any refund of fees.
8.5. If the User’s account remains inactive for a period of three (3) months, the Company reserves the right to terminate this Agreement.
8.6. In the event that the national and international laws and regulations applicable to the Company and its affiliates, decisions by official and/or administrative authorities, or internal company procedures prevent the Company from providing the services specified in this Agreement, the Company reserves the right to terminate this Agreement, revoke the User’s access to the services, and/or suspend the User’s account without prior notice. In such cases, no refunds will be issued to the User.
8.7. Due to international-level security threats, cyberattacks, or similar circumstances, the Company’s access may be restricted or blocked in the affected countries.
8.8. In the event of termination of this Agreement or the User’s membership, the User may request access to the Content related to customer lists and product/service lists once within six (6) months following the termination date, unless legally prohibited. This request will be fulfilled for a duration determined by the Company but will not exceed forty-eight (48) hours.
8.9. The Company reserves the right to store the Content in its databases for the duration of this Agreement. The User may obtain the Content free of charge within six (6) months following the termination of the membership, in accordance with Article 8.8 of this Agreement. However, after this period, the Company, at its sole discretion, may charge a fee for access requests to the Content. The fees to be charged will be determined based on the storage costs of the Content within the scope of the Application and will be communicated to the User in advance.
9. Amendments
The provisions of this Agreement and the Terms of Use may be amended by Leads, and the User will be informed of the updated version electronically and/or through the Platform. It is the User’s responsibility to monitor and review updates. Upon such notification, the updated version of the Agreement and the Terms of Use shall be deemed effective.
10. Miscellaneous
10.1. If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in effect.
10.2. This Agreement, together with its annexes, constitutes the entire understanding between the parties. In the event of a conflict between the Agreement and its annexes, the provisions of the annexes shall prevail.
10.3. Communication with the User will be conducted through the registered email address or general notices on the Platform. The User is responsible for keeping their email address up-to-date and regularly checking the Platform for updates.
10.4. Disputes arising from this Agreement shall first be resolved through negotiations. If unresolved, disputes will be settled by arbitration under the International Chamber of Commerce (ICC) Rules in Paris, France. Arbitration proceedings will be conducted in English, and U.S. federal laws will apply.
In cases requiring legal proceedings, the exclusive jurisdiction will be the Federal Courts of the United States.