Terms and Conditions

Last Updated: April 19, 2025

SMS Program Terms

LeadShaker SMS Program

LeadShaker SMS service delivers timely marketing updates, reminders, notifications, promotions, and account-related messages upon your opt-in.

You can cancel the SMS service at any time. Simply text "STOP" to the shortcode. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.

If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to [email protected] or call 321-352-4187.

Carriers are not liable for delayed or undelivered messages.

As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.

For privacy-related inquiries, please refer to our privacy policy:
https://www.leadshaker.com/privacy-policy

Terms Overview

These Terms of Service (“Terms”) constitute a binding legal agreement between Healthy ROI LLC (“LeadShaker”) and the individual or entity accessing or using LeadShaker services (“Subscriber”). By accessing or using the Services, Subscriber agrees to comply fully with these Terms.

Subscription

LeadShaker grants Subscriber a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the LeadShaker platform for business purposes.

Software and Materials

• Subscriber agrees not to:

• Copy or modify services.

• Reverse engineer services.

• Distribute or disclose services.

• Use automated or manual processes to duplicate services.

• Assign or sublicense services.

Changes to Services

LeadShaker may modify Services without notice. Subscriber will be notified if such changes significantly affect rights.

Subscriber Representations and Warranties

Subscriber represents it:

• Is legally authorized to enter this agreement.

• Complies with applicable laws.

• Provides data that does not infringe rights or include harmful content.

Disclaimers

LeadShaker disclaims liability for inaccuracies and errors. Third-party links or references do not imply endorsement.

Ownership

LeadShaker retains full ownership of all intellectual property associated with the Services.

Subscriber Data

• Subscriber retains ownership of provided data.

• Subscriber grants LeadShaker rights to process Subscriber Data as necessary to fulfill obligations.

• LeadShaker owns aggregated and anonymized Usage Data.

Confidentiality

Each party agrees to protect the confidentiality of proprietary information.

Indemnification

Subscriber agrees to indemnify LeadShaker against claims arising from Subscriber’s breaches, infringement, or misconduct.

Limited Liability

LeadShaker’s liability is limited to fees paid by Subscriber in the previous 90 days, excluding indirect or consequential damages.

No Warranty Disclaimer

Services are provided “as-is” without warranties except those explicitly stated. Subscriber assumes all risk.

Compliance with Laws

Subscriber must comply with all applicable laws, including TCPA, privacy, data protection, and telemarketing regulations.

Subscriber acknowledges calls are recorded by default and must comply with applicable laws regarding call recording.

Subscriber’s Responsibility for Use of Voices

Subscriber must secure consent for use of any voice recordings and indemnifies LeadShaker from related claims.

Suggested Consent Verbiage:

“I consent to use of my voice by [Subscriber Name/Company] for [purpose], relinquishing further claims or compensation.”

LeadShaker disclaims liability for adequacy of suggested consent language.

Prerecorded Message and Consent Compliance

Subscriber must secure necessary affirmative consent and comply with laws regarding prerecorded and automated messaging.

Telemarketing and Dialing Law Compliance

Subscriber must comply with all federal, state, and local laws regarding automated calls, telemarketing, and caller ID disclosures.

Dispute Resolution

Disputes will be resolved through binding arbitration under American Arbitration Association rules, waiving jury trials and class actions.

Governing Law

These Terms are governed by the laws of Wyoming, USA. Legal actions must be brought exclusively in Wyoming courts.

Export Laws and International Privacy

Subscriber agrees to comply with U.S. export laws and not process EU, EEA, UK, or Swiss personal data through LeadShaker.

Severability and Survivability

Invalid provisions do not affect remaining Terms. Liability limitations and indemnification survive termination.

Waiver

No waiver of Terms is effective unless written.

By using LeadShaker services, Subscriber agrees to these Terms. If Subscriber disagrees, they must immediately discontinue use.