DRAFT for lawyer review. Not yet legal advice or a final policy.

Terms of service

Last updated: [date]. These terms are between you and [legal entity name], ABN [ABN], an Australian business ("LeadWake", "we").

1. The service

LeadWake helps you send follow-up emails to your own past customers and leads, from your own domain, after you approve them.

2. Your responsibilities: CAN-SPAM and state laws

• You are the sender of every email and are responsible for complying with CAN-SPAM and applicable state laws.
• You must give us a valid physical postal address for your business. We include it in every email.
• Subject lines and content must be honest and not misleading. Don't pretend to be someone else.
• Only upload contacts you have the right to email. Purchased or shared lists are your risk; if unsure, leave them out or get advice. [Lawyer: confirm guidance for purchased solar and home-service leads.]
• You must not remove the unsubscribe link. We honor opt-outs immediately.
• Text messaging (when offered) will require prior express written consent under the TCPA and A2P 10DLC registration; you may not use LeadWake to text anyone without it.

3. Our data promise

You've paid for your leads and earned your customers. Here's exactly what LeadWake does and doesn't do with them.

• We never sell, share or rent your list.
• We never train AI on your customers' personal details. When we use an AI model to write emails, we send it your business details and general job types, not your customers' names or email addresses.
• We learn only from anonymous, combined results, such as reply and booking rates by trade, state, email step and month. These numbers contain no names, emails or message text and can't be tied back to your business.
• Raw data is only used beyond your own campaigns if you tick the optional opt-in box. It is unticked by default and you can withdraw at any time in Settings.
• Your emails come from your own domain and replies go to your own inbox.
• Nothing sends until you approve it, and the pause button stops everything straight away.
• One-click delete wipes your lists, contacts, emails and logs. We keep a one-way scrambled (hashed) copy of unsubscribed addresses so we never email those people again on your behalf, unless you delete your whole account.
• Canceled accounts are deleted 30 days after cancelling.
• Encryption: names and emails are encrypted at rest (AES-256) and all traffic uses HTTPS. Staff do not browse customer lists.

4. Free test and plans

The free test emails up to 200 of your oldest contacts. Paid plans (Starter $49, Growth $99, Pro $199, Agency $349 per month, in US dollars, plus any applicable sales tax) renew monthly until canceled in the billing portal. You can cancel online at any time.

5. Refunds

Ask within 30 days of your first payment for a refund, no questions asked.

6. No guaranteed results

We don't promise any number of replies, jobs or revenue. Results depend on your list, trade and offer.

7. Suspension

We may pause sending if bounce or complaint rates suggest a list problem, to protect your domain and our service.

8. Disclaimers and liability

[Lawyer to draft warranty disclaimer and limitation of liability, conspicuous as required by US state law.]

9. Governing law and disputes

[Lawyer: choose governing law and venue (Queensland, Australia vs a US state) and whether to include arbitration.]

DRAFT for lawyer review. Not yet legal advice or a final policy.