Terms of Service

Lead Capture 365 is a service provided by Eagle IT, LLC (“we,” “us,” “our”). These Terms govern your access to and use of leadcapture365.com, our webchat widget, SMS communications, and related services (collectively, the “Services”). By using the Services or agreeing to receive communications from us, you agree to these Terms and our Privacy Policy.

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services. By using the Services, you represent that you meet this requirement.

You agree to use the Services only for lawful purposes and in compliance with these Terms. You will not:

• Use the Services to send unsolicited or unlawful communications,
• Impersonate another person or misrepresent your affiliation,
• Interfere with or attempt to gain unauthorized access to our systems,
• Use the Services to violate any applicable law or regulation, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or applicable state SMS laws.

By providing your phone number and giving express consent, you agree to receive SMS messages from us or from the business you contacted (operating on the Lead Capture 365 platform).

How end users opt in. You may opt in to receive SMS from Lead Capture 365 through any of the following methods:

• Submitting a phone number on a form at leadcapture365.com with a clearly labeled SMS consent disclosure next to the submit button,
• Interacting with the chat bot on leadcapture365.com after acknowledging the SMS consent disclosure presented in the chat,
• Sending an inbound text to our published SMS number 334-34-LEADS (the number printed on our business card, brochure, or other physical or digital material), or
• Scanning a QR code that links to a designated opt-in page on leadcapture365.com (future).

What you consent to. Transactional and customer-care messages including but not limited to appointment confirmations, reminders, missed-call follow-ups, review requests, lead-response messages, and conversational replies from the business you reached out to.

Message frequency. Varies by your interaction with the business. You will not be enrolled in recurring marketing campaigns without a separate, distinct opt-in.

Message and data rates may apply. Standard rates per your mobile carrier plan.

Opt out at any time. Reply STOP to any message to immediately unsubscribe from further messages from that business. You will receive a single confirmation. Reply HELP for help, or contact us at [email protected].

Carriers. Compatible with major U.S. carriers (AT&T, Verizon, T-Mobile, Sprint, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, and others). Carriers are not liable for delayed or undelivered messages.

No sharing of mobile or SMS opt-in data. No mobile information or SMS opt-in / consent data will be shared with third parties or affiliates for marketing or promotional purposes. Information sharing to subcontractors who provide support services (e.g. our SMS messaging provider) is permitted strictly to deliver the messages you have requested. All other use-case categories exclude text-messaging originator opt-in data and consent; this information will not be shared with any third parties.

You acknowledge that SMS messages may be delayed for reasons outside our control (carrier issues, routing, recipient device status). We are not liable for any such delays or non-delivery.

If you use Lead Capture 365 as a business (an “Account”), you are responsible for:

• Collecting valid express consent from every recipient before sending SMS, in a manner that satisfies the TCPA and applicable state law,
• Including clear opt-in disclosures wherever you collect phone numbers (e.g. on web forms, intake calls, paper sign-ups),
• Honoring STOP / opt-out requests promptly,
• Not using the Services for prohibited content (SHAFT — sex, hate, alcohol to minors, firearms, tobacco — gambling-without-license, unsolicited marketing, or other content restricted by our SMS provider or by law),
• Maintaining accurate business information, including a registered A2P 10DLC brand and campaign where applicable,
• Keeping your login credentials confidential.

We may suspend or terminate Accounts that violate these responsibilities or that cause repeated SMS deliverability complaints.

All content, software, and trademarks associated with Lead Capture 365 are owned by Eagle IT, LLC or our licensors. Nothing in these Terms grants you any right to use our trademarks without prior written consent.

The Services are provided “as is” and “as available” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or that SMS messages will be delivered without delay.

To the maximum extent permitted by law, Eagle IT, LLC and its affiliates, officers, and employees will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of or in connection with your use of the Services. Our total aggregate liability for any claim arising out of these Terms will not exceed the amount you paid us, if any, in the twelve months preceding the claim.

You agree to indemnify and hold harmless Eagle IT, LLC from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of your breach of these Terms, your use of the Services, or your violation of any law or third-party right — including any claim arising from SMS messages you originate through the Services.

We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms or applicable law. You may stop using the Services at any time. Provisions that by their nature should survive termination (intellectual property, disclaimers, limitation of liability, indemnification) will survive.

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Navarro County or Ellis County, Texas, and you consent to the personal jurisdiction of those courts.

We may update these Terms from time to time. Changes will be posted on this page with an updated date. Continued use of the Services after changes are posted constitutes acceptance.

Eagle IT, LLC

Email: [email protected]