LeadSystems (Pty) Ltd - Terms of Use & Fair Usage Policy

Last Updated: August 22, 2025

Welcome to LeadSystems. This document is a legally binding agreement between you ("You", "User") and LeadSystems (Pty) Ltd ("LeadSystems", "We", "Us"). By accessing or using our Service, you agree to be bound by these Terms of Use. Your use of the Service is also governed by our Privacy Policy, which is a separate document.

1. Description of Service
The Service provided by LeadSystems is a software platform designed to automate business communications. Depending on your subscription, the Service may include:

AI Employee: Access to our Voice AI and Conversation AI for handling communications.

Onboarding & Setup: A one-time service which may include consultation, website creation, software setup, and training.

Website Hosting: Services including domain registration, server space, bandwidth, email accounts, and SSL certificates.

Support & Maintenance: Access to technical support, website backups (limit of two restorations per month), security monitoring, and a retainer for minor website modifications (not to exceed 3 hours per month unless otherwise agreed).

2. User Responsibilities
You agree to:

Provide accurate and complete information for billing and registration.

Maintain the confidentiality of your account and password.

Ensure your use of the Service complies with all applicable laws and regulations.

Provide any necessary information and materials (content, images) required by us to facilitate the Service.

3. Subscriptions & Payment

Subscription Term & Renewal: The Service is offered on a recurring monthly subscription basis. Your subscription automatically renews each month unless cancelled.

Payment Method: By subscribing to the Service, you authorize us to charge your credit or debit card through a secure third-party payment gateway (such as PayFast or PayStack). You agree to provide and maintain valid payment information.

Billing Cycle: Your payment method will be charged automatically in advance at the beginning of each monthly billing cycle.

Payment Failure: If a recurring payment fails for any reason, you will be notified and must update your payment information promptly. We reserve the right to suspend or terminate your access to the Service for non-payment.

Fee Adjustments: We reserve the right to adjust fees upon 60 days' written notice.

4. Cancellation and Termination

By You: You may cancel your subscription by providing 30 days' written notice. Your subscription will remain active, and you will be liable for fees, during this notice period.

By Us: We may terminate or suspend your access to the Service immediately if you breach these Terms of Use or the Fair Usage Policy.

Effect of Termination: Upon termination, your right to use the Service will cease immediately, and your license to use the software is revoked. All fees paid are non-refundable.

5. Limitation of Liability & Disclaimer
The Service is provided "AS IS" and "AS AVAILABLE". While we strive for maximum uptime, we do not warrant that the Service will be uninterrupted or error-free. To the maximum extent permitted by law, LeadSystems shall not be liable for any indirect, incidental, or consequential damages (including loss of profits or data) arising from the use of the Service. Our total liability shall be limited to the subscription fees you have paid in the twelve (12) months preceding the claim.

6. Governing Law
This Agreement is governed by the laws of the Republic of South Africa.

Fair Usage Policy (FUP)

This Fair Usage Policy is an integral part of our Terms of Use and is designed to ensure the Service remains fast, reliable, and cost-effective for all users.

1. Standard Use
Your subscription includes unlimited AI processing costs and premium workflow actions for standard business operations. The policy below applies specifically to consumable communication costs.

2. Prohibited Use & Fair Usage Limits
The Service is not intended for, and you may not use it for, the following purposes:

High-Volume Communications: Operating a high-volume inbound or outbound telemarketing center, high-volume "spam" messaging campaigns, or robocalling.

Consumable Cost Limit: Your subscription is subject to a fair usage limit on direct, consumable communication costs. This includes, but is not limited to, messaging (SMS & WhatsApp), email, and call minutes. The combined wholesale cost of these communication services must not exceed the value of your monthly subscription fee (R3,999). You are liable for any and all overages.

Hosting Misuse: Using "unlimited" hosting for non-standard purposes like large-scale file-sharing, video streaming, or data archiving.

Illegal or Harmful Activities: Any activity that is illegal, fraudulent, or compromises the platform's security or performance.

Resale: Reselling or sublicensing the Service without our express written consent.

3. Enforcement
Violation of this FUP may result in a warning, the billing of overage fees, suspension, or termination of your account at our sole discretion.

4. Contact Us
If you have any questions about these Terms, please contact us at: [email protected]