BD LEAD MANAGER TERMS OF SERVICE
Last Updated: December 15, 2024
IMPORTANT LEGAL NOTICE: These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and BD Lead Manager ("Company," "we," "our," or "us"). By downloading, installing, accessing, or using this application, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
1. Acceptance, Eligibility, and Binding Agreement
1.1 Binding Legal Agreement:
By downloading, installing, accessing, or using BD Lead Manager (the "Application" or "Service"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and all applicable laws and regulations. This agreement is effective immediately upon your first use of the Application.
1.2 Eligibility Requirements:
- Age Requirement: You must be at least 18 years of age to use this Application
- Legal Capacity: You must have the legal authority to enter into binding agreements in your jurisdiction
- Business Use Only: This Application is designed exclusively for legitimate business purposes and professional use
- Compliance Obligation: You must be able to comply with all applicable local, state, national, and international laws and regulations
1.3 Business Purpose Limitation:
IMPORTANT: BD Lead Manager is intended solely for legitimate business communications, customer relationship management, and professional lead management activities. Any personal, non-business, or inappropriate use is strictly prohibited and may result in immediate account termination.
1.4 Terms Modification and Updates:
- Modification Rights: We reserve the right to modify, update, or replace these Terms at any time without prior notice
- Notification Process: Material changes will be communicated via email and in-app notifications at least 30 days before taking effect
- Continued Use: Your continued use of the Application after Terms modifications constitutes acceptance of the updated Terms
- Rejection of Updates: If you do not agree to updated Terms, you must discontinue use of the Application immediately
2. Proper Use and Prohibited Activities
Intended Use:
- Lead management for legitimate business purposes
- Customer relationship management
- Professional sales and marketing communications
- Contact organization and follow-up activities
Strictly Prohibited Uses:
- Spam or unsolicited communications of any kind
- Harassment, stalking, or threatening behavior
- Violating privacy laws (GDPR, CCPA, TCPA, CAN-SPAM)
- Illegal activities or fraudulent purposes
- Data mining or scraping without authorization
- Circumventing technical limitations or security measures
- Impersonation or misrepresentation of identity
- Bulk messaging without proper consent
Violation of prohibited uses will result in immediate account termination and potential legal action.
3. User Responsibilities and Legal Compliance
Your Legal Obligations:
- Obtain proper consent before contacting any individuals
- Comply with all applicable laws including CAN-SPAM Act, GDPR, CCPA, TCPA, PIPEDA, and local privacy and communication laws
- Maintain accurate records of consent and opt-outs
- Honor unsubscribe requests immediately
- Respect do-not-call and do-not-contact lists
Data Responsibility:
- You are solely responsible for all data you enter or import
- You must have legal right to collect and use all contact information
- You are responsible for data accuracy and security
- You must delete data when legally required
Account Security:
- Maintain the confidentiality of your login credentials
- Notify us immediately of any unauthorized access
- Use strong passwords and enable available security features
4. Apple App Store Terms and Subscription Management
4.1 Apple App Store Integration and Compliance:
- App Store Agreement: Your use of this Application is also governed by Apple's App Store Terms of Service and Usage Rules
- Platform Requirements: The Application is designed exclusively for iOS devices and requires compliance with Apple's technical and content guidelines
- Apple as Platform Provider: Apple Inc. is not a party to these Terms and has no responsibility for the Application or its content
- Third-Party Claims: You acknowledge that Apple has no obligation to furnish maintenance and support services for the Application
4.2 Subscription Plans and Billing Management:
- Subscription Tiers: Multiple subscription levels are available, each with specific messaging quotas, feature access, and usage limitations
- Apple App Store Processing: All subscription purchases, billing, and payment processing are handled exclusively through Apple's App Store infrastructure
- Auto-Renewal: Subscriptions automatically renew at the end of each billing period unless cancelled through Apple App Store settings at least 24 hours before renewal
- Plan Modifications: Subscription changes take effect immediately for upgrades or at the next billing cycle for downgrades
4.3 Payment Processing and Refund Policy:
- Apple Payment Systems: All financial transactions are processed securely through Apple's payment infrastructure using industry-standard encryption
- Refund Jurisdiction: All refund requests, billing disputes, and payment issues are governed exclusively by Apple's App Store Terms of Service and refund policies
- Developer Limitation: BD Lead Manager does not have access to payment information and cannot process refunds directly
- Apple Support Contact: For all billing inquiries, refund requests, or payment disputes, contact Apple Customer Support directly through official Apple channels
4.4 Usage Limitations and Quota Management:
- Subscription-Based Limits: Each subscription tier includes specific daily, weekly, and monthly messaging quotas that cannot be exceeded
- Automatic Reset: Usage quotas reset automatically according to your subscription plan's billing cycle and renewal schedule
- No Overages: The Application enforces strict quota limits; users must upgrade their subscription for higher usage allowances
- Fair Usage Policy: Excessive usage that impacts system performance or violates terms may result in account limitations or termination
5. Developer Protection and Liability Limitations
"As Is" Service:
- The App is provided "as is" without warranties of any kind
- No guarantees regarding functionality, availability, or performance
- Use is at your own risk and sole responsibility
Limitation of Liability:
- Developer liability is limited to the amount you paid for the App
- No liability for indirect, incidental, or consequential damages
- No liability for data loss, business interruption, or lost profits
- No liability for your misuse of the App or violations of law
User Indemnification:
- You agree to defend, indemnify, and hold harmless the Developer
- You will pay all legal costs related to your misuse of the App
- You are solely liable for any claims arising from your use
- This indemnification survives termination of your account
6. Law Enforcement Cooperation
Mandatory Cooperation:
- We will cooperate fully with law enforcement agencies
- Account information will be provided upon valid legal request
- User activity logs may be disclosed if legally required
- We will assist in investigations of illegal activity
Proactive Reporting:
- We may voluntarily report suspected illegal activity
- Evidence of harassment or abuse will be preserved
- Account data may be retained beyond deletion for legal proceedings
- User notification may not be possible in all circumstances
Legal Process:
- We respond to subpoenas, court orders, and search warrants
- We preserve data upon receipt of valid legal hold requests
- We maintain logs that may be subject to legal discovery
7. Termination and Account Deletion
Termination by Developer:
- Immediate termination for Terms violations
- No notice required for serious violations
- No refunds provided for terminated accounts
- All data access permanently revoked
Consequences of Termination:
- Loss of all account access and cloud data
- Forfeiture of any remaining subscription time
- Possible legal action for damages caused
- Permanent ban from creating new accounts
User-Initiated Deletion:
- You may delete your account at any time
- Account deletion is permanent and irreversible
- Cloud data permanently removed within 30 days
- Local device data removed by uninstalling app
8. Intellectual Property Rights and Apple Platform Compliance
8.1 Application Intellectual Property:
- Proprietary Rights: BD Lead Manager, including all software, designs, graphics, text, and functionality, is owned by the Company and protected by intellectual property laws
- Limited License: You are granted a limited, non-exclusive, non-transferable license to use the Application solely for its intended business purposes
- Restrictions: You may not copy, modify, distribute, reverse engineer, or create derivative works from the Application
- Trademark Protection: All trademarks, service marks, and logos used in the Application are property of their respective owners
8.2 Apple Platform Acknowledgments:
- Apple Platform Dependency: This Application operates exclusively on Apple's iOS platform and requires compliance with Apple's technical standards
- Apple Third-Party Disclaimer: Apple Inc. is not responsible for the Application, its content, maintenance, or support services
- Warranty Limitation: Any warranty claims related to the Application are limited to the Company; Apple disclaims all warranties to the maximum extent permitted by law
- Product Liability: The Company, not Apple, is responsible for addressing any product liability claims related to the Application
8.3 User-Generated Content and Data Ownership:
- User Data Ownership: You retain ownership of all data, contacts, and content you create or import into the Application
- Processing License: You grant the Company a limited license to process your data solely for providing the Application's functionality
- Compliance Responsibility: You are solely responsible for ensuring your data usage complies with applicable privacy and communication laws
9. Legal Jurisdiction, Dispute Resolution, and Apple-Specific Terms
9.1 Governing Law and Legal Jurisdiction:
- Applicable Law: These Terms are governed by and construed in accordance with the laws of the jurisdiction where the Company is legally established
- Court Jurisdiction: Any legal disputes arising from these Terms or the Application shall be subject to the exclusive jurisdiction of competent courts in the Company's legal jurisdiction
- Class Action Waiver: You agree to resolve disputes individually and waive any right to participate in class action lawsuits or collective arbitration proceedings
- Limitation Period: Any claims must be filed within one (1) year of the event giving rise to the claim
9.2 Apple-Specific Legal Acknowledgments:
- Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to your license of the Application
- Apple Rights: Upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary
- Compliance Requirement: You must comply with applicable third-party terms when using the Application (including Apple's App Store Terms)
- Export Control: You represent that you are not located in a country subject to U.S. export embargoes or designated as a terrorist-supporting country
9.3 Company Information and Legal Structure:
- Business Entity: BD Lead Manager is operated as an independent software development business
- Limited Resources: As a small business entity, we operate with limited resources while maintaining professional standards
- Mission Statement: Our Application is designed as a legitimate business tool to facilitate professional growth and compliant business communications
- Regulatory Compliance: We are committed to operating within all applicable legal frameworks and industry regulations
9.4 Contract Integrity and Modifications:
- Severability Clause: If any provision of these Terms is deemed unenforceable or invalid, the remaining provisions shall remain in full force and effect
- Entire Agreement: These Terms, together with our Privacy Policy, constitute the complete and exclusive agreement between you and the Company
- No Oral Modifications: These Terms may only be modified in writing through official updates published by the Company
- Assignment: You may not assign or transfer your rights under these Terms without our written consent
- Survival: Provisions that by their nature should survive termination shall continue in effect after termination of your account