LeadFalcon Terms of Service

Last Updated: July 19, 2025

Welcome, and thank you for your interest in Deal.ai Inc. ("LeadFalcon," "we," or "us") and our website at www.leadfalcon.com, along with our related websites, APIs, and other services provided by us (collectively, the "Service"). These Terms of Service are a legally binding contract between you and LeadFalcon regarding your use of the Service.

BY CLICKING "I ACCEPT," OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING LEADFALCON'S PRIVACY POLICY (TOGETHER, THESE "TERMS"). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND LEADFALCON'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY LEADFALCON AND BY YOU TO BE BOUND BY THESE TERMS.

1. LeadFalcon Service Overview

LeadFalcon provides a comprehensive email and SMS marketing automation platform designed to help businesses manage contacts, send personalized communications, and track engagement. The Service includes:

• Contact management and segmentation
• Email campaign creation and automation
• SMS messaging capabilities with AI personalization
• Goal tracking and analytics
• Calendar booking integration
• Webhook support for real-time data
• Credit-based billing for usage
• API access for developers
• Toll-free number provisioning

2. Privacy and Security

2.1. Data Processing Agreements

To the extent applicable, each party will comply with its obligations as set forth in the below GDPR Data Processing Addendum and U.S. Privacy Law Addendum (the "Privacy Addenda"), respectively, which are incorporated herein by reference.

2.2. Security

We have established and will maintain, for as long as we Process your User Content, commercially reasonable information security measures designed to protect User Content, including as set forth in the below Data Security Requirements, which are incorporated herein by reference ("Data Security Requirements"). As used herein, "Process" means, with respect to any data or set of data, any operation or set of operations performed thereon, whether or not by automated means, including access, adaptation, alignment, alteration, collection, combination, compilation, consultation, creation, derivation, destruction, disclosure, disposal, dissemination, erasure, interception, maintenance, making available, organization, recording, restriction, retention, retrieval, storage, structuring, transmission, and use, and security measures with respect thereto.

3. Eligibility

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations, including but not limited to the CAN-SPAM Act, TCPA, and similar anti-spam and telecommunications laws. If an individual is agreeing to these Terms on behalf of an entity, organization, or company (an "Organization"), (a) the individual accepting these Terms on behalf of the Organization represents and warrants that they have authority to bind the Organization to these Terms; (b) the Organization agrees to be bound by these Terms; and (c) the terms "you", "your", or similar refer to the Organization. Otherwise, the terms "you", "your", or similar refer to the individual.

4. Accounts and Registration

To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, organization details, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at support@leadfalcon.com.

5. General Payment Terms

5.1. Credit-Based System

LeadFalcon operates on a credit-based billing system. You purchase balance (credits) which are consumed as you use various features of the Service. Credits do not expire but are subject to the terms of any promotional grants.

5.2. Product Pricing

Current pricing for LeadFalcon services:

• Regular Emails: $0.00065 per email
• AI-Personalized Emails: $0.04 per email
• Regular SMS: $0.01 per message
• AI-Personalized SMS: $0.04 per message
• Toll-Free Number: $15 per month per number

5.3. Balance Purchases and Auto-Recharge

You may purchase balance through our payment portal. LeadFalcon also offers an auto-recharge feature that automatically tops up your balance when it falls below a specified threshold. If auto-recharge fails three consecutive times, it will be automatically disabled.

5.4. Price Changes

LeadFalcon reserves the right to determine and modify pricing for the Service. We will make reasonable efforts to notify you of pricing changes before they apply. LeadFalcon, at its sole discretion, may make promotional offers with different features and different pricing to any of LeadFalcon's customers.

5.5. Authorization

You authorize LeadFalcon to charge all sums for the balance purchases and services you select as described in these Terms or published by LeadFalcon, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then LeadFalcon may seek pre-authorization of your credit card account prior to your purchase.

5.6. Usage Tracking

Your usage of billable features is tracked in real-time and deducted from your balance. You can monitor your usage and remaining balance through your account dashboard. It is your responsibility to maintain sufficient balance for your intended usage.

5.7. Delinquent Accounts

LeadFalcon may suspend or terminate access to the Service for any account with insufficient balance to cover usage. You must maintain a positive balance to continue using billable features of the Service.

5.8. Partner and Whitelabel Pricing

If you access LeadFalcon through a partner or whitelabel provider, pricing may differ from the standard rates listed above. Your partner sets the final pricing, which may include a markup above our base rates.

6. Licenses

6.1. Limited License

Subject to your complete and ongoing compliance with these Terms, LeadFalcon grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service in accordance with any documentation we make available to you regarding usage of the Service (collectively, "Documentation").

6.2. License Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.

6.3. Feedback

We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service ("Feedback"), then you hereby grant LeadFalcon a non-exclusive, perpetual, irrevocable, transferable, royalty-free, fully paid and worldwide right and license, with the right to grant and authorize sublicenses, to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

7. Ownership; Proprietary Rights

The Service is owned and operated by LeadFalcon. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, Documentation, and all other elements of the Service provided by LeadFalcon ("Materials") are protected by intellectual property and other laws. All Materials included in the Service are the property of LeadFalcon or its third-party licensors. Except as expressly authorized by LeadFalcon, you may not make use of the Materials. There are no implied licenses in these Terms and LeadFalcon reserves all rights to the Materials not granted expressly in these Terms.

8. Third-Party Terms

8.1. Third-Party Services and Linked Websites

LeadFalcon may provide tools through the Service that enable you to integrate with third-party services, including email providers, SMS gateways, calendar systems, and other marketing tools. By using one of these integrations, you hereby authorize LeadFalcon to transfer information to the applicable third-party service. Third-party services are not under LeadFalcon's control, and, to the fullest extent permitted by law, LeadFalcon is not responsible for any third-party service's use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under LeadFalcon's control, and LeadFalcon is not responsible for their content.

8.2. Third-Party Software

The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third-Party Components"). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

9. User Content

9.1. User Content Generally

Certain features of the Service permit users to upload, submit, store, or transmit content, including contact lists, email templates, messages, campaign data, and other materials ("User Content"). You retain any copyright and other proprietary rights that you may hold in the User Content that you Submit to the Service, subject to the licenses granted in these Terms.

9.2. Limited License Grant to LeadFalcon

By Submitting User Content to or via the Service, you grant LeadFalcon a non-exclusive, worldwide, royalty-free, fully paid, transferable, and sublicensable right and license to host, store, transfer, process, and use your User Content as necessary to provide the Service to you and to improve the Service, including the right to aggregate anonymized data for analytics and service improvement purposes.

9.3. User Content Representations and Warranties

You must not Submit User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. By providing User Content via the Service, you affirm, represent, and warrant to us that:

(a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize LeadFalcon to use and process your User Content as necessary to provide the Service;

(b) your User Content does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause LeadFalcon to violate any law or regulation;

(c) your User Content complies with all applicable laws and regulations, including but not limited to CAN-SPAM, TCPA, GDPR, and similar data protection and anti-spam laws; and

(d) you have obtained all necessary consents from individuals whose personal information is included in your User Content, particularly for email and SMS marketing communications.

9.4. User Content Disclaimer

We are under no obligation to edit or control User Content that you or other users Submit and will not be in any way responsible or liable for User Content. LeadFalcon may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable.

9.5. Compliance with Marketing Laws

You acknowledge and agree that you are solely responsible for ensuring that your use of the Service complies with all applicable marketing and telecommunications laws, including but not limited to:

• Obtaining proper consent before sending marketing communications
• Including required unsubscribe mechanisms in all marketing messages
• Honoring opt-out requests promptly
• Maintaining accurate records of consent and opt-outs
• Complying with time restrictions for sending messages
• Following industry best practices for email and SMS marketing

10. Communications

10.1. Text Messaging & Phone Calls

You agree that LeadFalcon and those acting on our behalf may send you text (SMS) messages and place calls at the phone number you provide us. These communications may include operational messages about your use of the Service, as well as marketing messages. IF YOU WISH TO OPT OUT OF MARKETING CALLS AND TEXT MESSAGES FROM LEADFALCON, YOU CAN EMAIL SUPPORT@LEADFALCON.COM OR TEXT THE WORD "STOP" TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES.

10.2. Push Notifications

When you install our app on your mobile device, you agree to receive push notifications. You can turn off notifications by visiting your mobile device's settings.

10.3. Email

We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

11. Prohibited Conduct

By using the Service, you agree not to:

11.1.

use the Service for any illegal purpose or in violation of any local, state, national, or international law, including laws governing email and SMS marketing;

11.2.

send spam, unsolicited messages, or communications to individuals who have not provided proper consent;

11.3.

harass, threaten, demean, embarrass, bully, or otherwise harm any recipient of your communications;

11.4.

violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;

11.5.

use the Service to send messages containing malicious content, including phishing attempts, malware, or deceptive links;

11.6.

access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by LeadFalcon;

11.7.

interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service;

11.8.

interfere with the operation of the Service or any user's enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making excessive API calls or otherwise abusing the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;

11.9.

perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying your identity;

11.10.

sell, resell, or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials;

11.11.

use the Service to send communications that violate any third-party terms of service, including those of telecommunications providers; or

11.12.

attempt to do any of the acts described in this Section 11 or assist or permit any person in engaging in any of the acts described in this Section 11.

12. Intellectual Property Rights Protection

12.1. Respect of Third-Party Rights

LeadFalcon respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.

12.2. DMCA Notification

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address:

12.3. Procedure for Reporting Claimed Infringement

If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written "Notification of Claimed Infringement" to the Designated Agent identified above containing the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

(b) a description of the copyrighted work or other intellectual property right that you claim has been infringed;

(c) a description of the material that you claim is infringing and where it is located on the Service;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and

(f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner's behalf.

12.4. Repeat Infringers

LeadFalcon will terminate the accounts of users that are determined to be repeat infringers. LeadFalcon reserves the right, however, to suspend or terminate accounts of users in our sole discretion.

13. Modification of Terms

We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should discontinue your use of the Service. Except as expressly permitted in this Section 13, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

14. Term, Termination, and Modification of the Service

14.1. Term

These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 14.2.

14.2. Termination

If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, LeadFalcon may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time through your account settings or by contacting customer service at support@leadfalcon.com.

14.3. Effect of Termination

Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay LeadFalcon any unpaid amount that was due prior to termination; (d) any unused balance in your account will be forfeited unless otherwise required by law; and (e) all payment obligations accrued prior to termination and the relevant sections of these Terms will survive.

14.4. Modification of the Service

LeadFalcon reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. LeadFalcon will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

15. Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify LeadFalcon, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the "LeadFalcon Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (4) your failure to comply with applicable marketing and telecommunications laws; or (5) any dispute or issue between you and any third party, including recipients of your communications. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

16. Disclaimers; No Warranties by LeadFalcon

16.1.

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. LEADFALCON DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. LEADFALCON DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND LEADFALCON DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

16.2.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR LEADFALCON ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE LEADFALCON ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

16.3.

THE SERVICE DOES NOT CONSTITUTE LEGAL ADVICE REGARDING MARKETING COMPLIANCE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOUR MARKETING ACTIVITIES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. LeadFalcon does not disclaim any warranty or other right that LeadFalcon is prohibited from disclaiming under applicable law.

17. Limitation of Liability

17.1.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE LEADFALCON ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY LEADFALCON ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

17.2.

EXCEPT AS PROVIDED IN SECTIONS 18.5 AND 18.7 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE LEADFALCON ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO LEADFALCON FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (B) US$100.

17.3.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

18. Dispute Resolution and Arbitration

18.1. Generally

Except as described in Section 18.2 and 18.3, you and LeadFalcon agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

18.2. Exceptions

Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

18.3. Opt-Out

If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 18 within 30 days after the date that you agree to these Terms by sending a letter to Deal.ai Inc., Attention: Legal Department – Arbitration Opt-Out, 1065 SW 8th St PMB 5360 Miami, FL 33130 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration ("Opt-Out Notice"). Once LeadFalcon receives your Opt-Out Notice, this Section 18 will be void and any action arising out of these Terms will be resolved as set forth in Section 19.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

18.4. Arbitrator

This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (collectively, "AAA Rules") as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting LeadFalcon.

18.5. Commencing Arbitration

Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). LeadFalcon's address for Notice is: Deal.ai Inc., 1065 SW 8th St PMB 5360 Miami, FL 33130. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or LeadFalcon may commence an arbitration proceeding.

18.6. Arbitration Proceedings

Any arbitration hearing will take place in the county and state of your billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. During the arbitration, the amount of any settlement offer made by you or LeadFalcon must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

18.7. Arbitration Relief

Except as provided in Section 18.8, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by LeadFalcon before an arbitrator was selected, LeadFalcon will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.

18.8. No Class Actions

YOU AND LEADFALCON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and LeadFalcon agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

18.9. Modifications to this Arbitration Provision

If LeadFalcon makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to LeadFalcon's address for Notice of Arbitration, in which case your account with LeadFalcon will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

18.10. Enforceability

If Section 18.8 or the entirety of this Section 18 is found to be unenforceable, or if LeadFalcon receives an Opt-Out Notice from you, then the entirety of this Section 18 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 19.2 will govern any action arising out of or related to these Terms.

19. Miscellaneous

19.1. General Terms

These Terms, including the Privacy Addenda, Data Security Requirements, and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and LeadFalcon regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word "including" means "including but not limited to." If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

19.2. Governing Law

These Terms are governed by the laws of the State of Florida without regard to conflict of law principles. You and LeadFalcon submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Miami-Dade County, Florida, for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Florida, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

19.3. Additional Terms

Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

19.4. Consent to Electronic Communications

By using the Service, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

19.5. Contact Information

The Service is offered by Deal.ai Inc., located at 2222 Ponce de Leon Blvd, Miami, FL 33134. You may contact us by sending correspondence to that address or by emailing us at support@leadfalcon.com.

19.6. Notice to California Residents

If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

19.7. No Support

We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

19.8. International Use

The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

GDPR Data Processing Addendum

Pursuant to the Terms, the Parties hereby adopt this GDPR Data Processing Addendum ("DPA") for so long as deal.ai Processes User Personal Data on your behalf pursuant to the Terms. In the event of a conflict between this DPA and the Terms with respect to the subject matter of this DPA, the provisions of this DPA will control to the extent of such conflict.

The full GDPR Data Processing Addendum and U.S. Privacy Law Data Processing Addendum sections continue with detailed definitions, obligations, and requirements as specified in the original document...

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