Terms of Service

1. Eligibility and acceptance

You must be at least 18 years old and legally able to enter into this agreement. LeadHold's initial public offering is intended for businesses located in California. You must provide accurate registration information and use LeadHold only for a legitimate business you are authorized to represent.

You accept these Terms by creating an account, clicking an acceptance control, starting a trial or subscription, or using LeadHold. Our Privacy Policy describes how we process information. The separate SMS Terms and Program Information apply if an eligible business account holder opts in to LeadHold owner new-lead text notifications.

2. The LeadHold service

LeadHold is business call-handling and lead-management software. Depending on your plan, configuration, provider availability, and feature access, the service may:

• provide or configure a phone number to receive forwarded business calls;
• use an AI receptionist or voicemail flow to handle an unanswered call;
• transcribe audio and extract, summarize, classify, or deduplicate lead details;
• display leads, messages, audio, transcripts, status, and related events;
• send enabled email or owner-account notifications;
• allow greetings and AI identity, language, and voice settings; and
• provide account, subscription, phone-verification, and support tools.

Features may be introduced, changed, restricted, or discontinued. A feature shown in an interface is not necessarily enabled for every account, plan, phone number, location, or provider campaign.

3. AI, call handling, and communications

AI limitations

LeadHold uses automated and generative AI systems. AI conversations, transcripts, summaries, and extracted fields may be incomplete, inaccurate, offensive, or misleading. They are operational aids, not professional advice or verified statements. You are responsible for reviewing important lead details and communicating directly with a caller before relying on AI output.

AI disclosure and caller notices

The LeadHold AI receptionist is configured to identify itself as an AI receptionist. You may not remove, obscure, contradict, or instruct the service to evade that disclosure. You are responsible for giving any other notice and obtaining any consent required for your calls, transcription, recording, messaging, and follow-up practices, including laws that may apply based on the caller's location rather than only your business location.

No emergency or high-risk use

LeadHold is not an emergency service and must not be used for 911 calls, dispatch, crisis response, medical triage, life-safety decisions, legal or financial advice, or any situation where delay, loss, or an incorrect AI response could cause death, bodily injury, or substantial harm. Maintain an appropriate human and emergency-contact path for your business.

Voicemail, transcription, and recording

Voicemail is recorded so LeadHold can process it. Live AI calls are processed and may be transcribed even when optional full-call recording is off. Optional full-call recording is not generally enabled; if it becomes available to your account, you must not enable or use it unless you have confirmed your notices and consents are lawful for every relevant party and jurisdiction.

4. Phone setup, forwarding, and provisioned numbers

You are responsible for correctly configuring call forwarding and testing the entire call flow before advertising or relying on it. You must have the right to configure any phone number or carrier account you connect. Your carrier may charge forwarding, airtime, long-distance, or other fees that are separate from LeadHold.

A number assigned through LeadHold is a service resource supplied through a telephony provider. Assignment does not transfer ownership of the number. Numbers may be reclaimed, replaced, suspended, or become unavailable because of provider, regulatory, geographic, payment, or operational requirements. You may not port, transfer, resell, or use an assigned number outside the service without our written approval and provider support.

Caller ID, call completion, audio quality, transcription, carrier delivery, and availability are not guaranteed. You should retain an independent way for customers to reach your business.

5. Text messaging

LeadHold-to-owner notifications

An eligible authenticated business account holder may separately opt in to recurring LeadHold new-lead text notifications after verifying the receiving mobile number. That program is transactional, is subject to the SMS Terms and SMS Privacy Notice, and may be stopped by replying STOP or by disabling SMS in settings. Consent to these owner notifications is not a condition of purchase.

No current authorization for business-to-caller campaigns

The owner-notification program does not authorize you or LeadHold to send marketing, promotional, recurring, or automated text messages to callers or leads. Unless and until LeadHold expressly enables a separately registered customer-messaging capability for your business and use case, you may not use LeadHold to initiate those messages. A caller's conversation with the AI receptionist does not enroll the caller in the owner-notification program.

If a customer-messaging feature is offered later, you will be responsible for obtaining and retaining legally sufficient, sender-specific and purpose-specific consent, honoring STOP and other opt-outs, using approved message content and registration, and complying with telecommunications, privacy, and consumer protection law. LeadHold may impose stricter requirements or disable delivery.

6. Accounts, authorized users, and security

You are responsible for activity under your account and for ensuring each authorized user has an individual account, appropriate role, and business need. Do not share credentials. Promptly remove access for people who no longer work with you and notify us at support@leadhold.co of suspected compromise or unauthorized access.

You must keep your business, owner phone, billing, forwarding, and contact information current. You may not access or attempt to access another customer's account, lead, recording, transcript, number, or system data.

7. Trials, subscriptions, billing, and cancellation

Plans and prices

Plan features, monthly price, billing currency, and any taxes are shown before checkout. Unless stated otherwise, paid subscriptions renew monthly. Prices may change for a future term after notice required by law; a price change does not retroactively change a completed billing period.

14-day trial

If a 14-day trial is offered at checkout, you must provide a valid payment method. No subscription fee is charged for the trial period, although the payment provider may validate the payment method. Unless you cancel before the trial ends, the paid subscription begins automatically and the displayed recurring price and applicable taxes are charged. Trial eligibility may be limited to one trial per customer, business, payment method, or related account. We may end or modify a trial where permitted by law to prevent abuse.

Payment authorization and taxes

You authorize us and our payment provider to charge the payment method on file for subscription fees, taxes, and other amounts you approve. You are responsible for applicable taxes other than taxes based on our net income. Failed payment may result in restricted features, suspension, number loss, or cancellation, subject to applicable law.

Cancellation and refunds

You may cancel through the billing portal or another method we make available. Unless the interface states otherwise, cancellation takes effect at the end of the current trial or paid billing period, and service remains active until that date. Canceling does not by itself delete your account data or immediately release assigned phone resources.

Fees already paid are non-refundable and credits are not required except where applicable law requires otherwise or we expressly agree in writing. If you believe a charge is incorrect, contact support promptly so we can investigate.

8. Customer data, instructions, and privacy

As between you and Kaitoi, you retain your rights in information, audio, messages, transcripts, business materials, and other content you or your callers submit to your LeadHold account ("Customer Data"). You grant Kaitoi and its service providers a non-exclusive, worldwide, limited license to host, copy, transmit, process, transform, display, and otherwise use Customer Data as needed to provide, secure, support, and improve LeadHold, comply with law, and enforce these Terms.

You represent and warrant that:

• you have the rights and lawful basis needed for Customer Data and your instructions;
• your use of LeadHold, including call forwarding, AI handling, transcription, recording, lead processing, and follow-up, complies with applicable notice, consent, privacy, recording, telemarketing, and communications law;
• your privacy notices accurately describe your use of LeadHold; and
• you will respond to Caller privacy requests and obtain assistance from us where needed.

We process Customer Data as described in our Privacy Policy. When we process Caller or lead data on your instructions, you generally determine the business purpose of that processing. We may process limited information independently for service security, abuse prevention, legal compliance, billing, and reliable operation.

9. Acceptable use

You may not use LeadHold to:

• violate law, regulation, court order, carrier rule, or another person's rights;
• make or facilitate emergency, high-risk, deceptive, fraudulent, or unlawful decisions;
• harass, threaten, discriminate against, defraud, impersonate, or mislead anyone;
• send spam, unlawful telemarketing, or messages without required consent and registration;
• surveil, transcribe, or record people without required notice or consent;
• collect or transmit payment-card data, medical records, account credentials, government identifiers, or other highly sensitive data except where we have expressly agreed in writing and appropriate safeguards are in place;
• upload malware, probe security, bypass access controls, scrape the service, or disrupt providers;
• reverse engineer LeadHold except to the limited extent a law prohibits this restriction;
• resell, sublicense, or provide LeadHold as a service bureau without written permission; or
• use another customer's data, number, account, or identity.

We may investigate suspected abuse, preserve relevant evidence, restrict features, and cooperate with providers or authorities as permitted by law.

10. Third-party services and providers

LeadHold depends on third-party services, including telephony, messaging, AI, transcription, hosting, storage, caching, email, authentication, monitoring, and payment providers. Your use may also be subject to provider terms, acceptable-use rules, technical limits, and carrier or bank decisions. Provider outages, policy changes, filtering, account restrictions, and data practices are outside our sole control.

Links to third-party sites and services are provided for convenience. We do not control and are not responsible for their content, availability, terms, security, or privacy practices.

11. LeadHold intellectual property

Kaitoi and its licensors own LeadHold, including software, interfaces, designs, documentation, branding, prompts and workflow design, and all related intellectual property, excluding Customer Data. Subject to these Terms and payment of fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use LeadHold for your internal business operations during the subscription term.

If you voluntarily provide feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or compensation, provided we do not identify you publicly as its source without permission.

12. Suspension, termination, and account deletion

We may suspend or restrict access when reasonably necessary to address nonpayment, security risk, unlawful activity, provider or carrier action, material breach, harm to users or systems, or an emergency. Where practical, we will provide notice and an opportunity to cure.

You may stop using LeadHold and cancel your subscription as described above. We may terminate these Terms or discontinue the service upon reasonable notice, or immediately for a material breach or legal or security necessity. Upon termination, your right to use LeadHold ends. Sections that by their nature should survive—including payment obligations, ownership, disclaimers, liability limits, indemnification, and dispute terms—will survive.

Termination or cancellation is not an instruction to erase all data. To request account deletion or export assistance, contact support. Lead deletion in ordinary product flows is initially a soft deletion. Some information may be retained for backups, billing, consent and suppression evidence, security, legal obligations, and dispute resolution as explained in the Privacy Policy.

13. Service changes, maintenance, and availability

We may update, replace, limit, or discontinue features and may perform planned or emergency maintenance. LeadHold has no service-level agreement unless a separate written agreement signed by Kaitoi expressly provides one. We do not guarantee uninterrupted calls, instant lead creation, delivery of a particular notification, retention of a phone number, or compatibility with every carrier, device, browser, business practice, or jurisdiction.

14. Disclaimers

To the maximum extent permitted by law, LeadHold and all related software, numbers, content, AI output, and services are provided "as is" and "as available." Kaitoi disclaims all warranties, express, implied, statutory, or otherwise, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and any warranty arising from course of dealing or usage of trade.

Kaitoi does not warrant that LeadHold will be error-free, secure, uninterrupted, compliant for your specific use, or that calls, messages, recordings, transcripts, summaries, leads, or notifications will be received, complete, accurate, or preserved. You are responsible for evaluating the service and maintaining appropriate human review, backups, notices, consents, and alternate contact methods.

Some jurisdictions do not allow certain warranty disclaimers, so some of the above may not apply to you.

15. Limitation of liability

To the maximum extent permitted by law, neither Kaitoi nor its affiliates, licensors, or providers will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for loss of profits, revenue, goodwill, business opportunity, data, calls, messages, leads, or use, even if advised that such damages are possible.

To the maximum extent permitted by law, the aggregate liability of Kaitoi and its affiliates arising out of or relating to LeadHold or these Terms will not exceed the greater of (a) the amounts you paid to Kaitoi for LeadHold during the six months immediately before the event giving rise to the claim or (b) one hundred U.S. dollars (US $100).

These limitations apply regardless of the form of action and even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited under applicable law.

16. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless Kaitoi, its affiliates, and their personnel from third-party claims, damages, losses, liabilities, costs, and reasonable attorneys' fees arising from or relating to: (a) your Customer Data or instructions; (b) your calls, forwarding, transcription, recording, messaging, follow-up, or business practices; (c) your violation of law, provider rules, or another person's rights; (d) misuse of LeadHold by you or your authorized users; or (e) your breach of these Terms. We will provide reasonable notice and may control the defense and settlement, provided we do not agree to an admission or payment by you without your consent, which will not be unreasonably withheld.

17. Governing law and venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Unless applicable law requires otherwise, the state and federal courts located in Delaware will have exclusive jurisdiction over disputes arising from or relating to these Terms or LeadHold, and each party consents to personal jurisdiction and venue there.

18. Changes and general terms

We may update these Terms. We will post the revised Terms and update the date above, and will give additional notice when required by law. Material changes generally apply prospectively. Continuing to use LeadHold after revised Terms take effect constitutes acceptance where permitted by law.

Neither party is liable for delay or failure caused by events beyond its reasonable control, except payment obligations. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization, sale of assets, or affiliate transfer. No waiver is effective unless in writing, and failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary and the rest remains in effect.

These Terms, the Privacy Policy, the SMS Terms when applicable, an accepted order or checkout, and any signed agreement between you and Kaitoi are the entire agreement about LeadHold and supersede prior discussions on that subject. If a signed agreement expressly conflicts with these Terms, the signed agreement controls for that conflict.

19. Contact

Privacy requests may be sent to privacy@leadhold.co.