Terms and Conditions

Effective date: 2 July 2026 | Last updated: 2 July 2026

These Terms and Conditions ("Terms") are a binding agreement between you ("you", "your", "Customer") and Ross Clark McFarlane, trading as Pocket Leadz (ABN 13 612 801 409) ("Pocket Leadz", "we", "us", "our"). They govern your access to and use of the Pocket Leadz website, web application, mobile applications, link-in-bio pages, application programming interfaces, and related services (together, the "Service").

By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you are accepting on behalf of a business or other entity, you confirm you are authorised to bind that entity, and "you" and "Customer" refer to that entity. If you do not agree, do not use the Service.

1. Definitions

Account means the account you register to access the Service.

Customer Data means all data, content, and information you or your Authorised Users submit to, store in, generate through, or transmit using the Service, including Lead Data.

Lead Data means personal information and other information relating to your leads, prospects, contacts, and other third parties that is captured, imported, stored, or processed through the Service on your behalf.

Authorised User means an individual you permit to access the Service under your Account, including team members and staff.

End User means any third party who interacts with your link-in-bio page or lead capture forms, or who receives messages sent through the Service on your behalf.

Communications means the SMS, text, email, and other electronic messages sent through the Service.

Connected Provider means a third-party service you connect using your own account and credentials, including your own SMS provider (for example Twilio) and your own email provider (for example Resend).

Regulated Data means data whose handling is subject to specific legal regimes requiring particular safeguards or agreements, including Protected Health Information under HIPAA ("PHI"), nonpublic personal information under the Gramm-Leach-Bliley Act ("NPI"), payment card data under PCI DSS, and any equivalent category under applicable law.

Subscription means a paid plan you select and the associated billing cycle.

Free Plan means the no-cost tier of the Service.

2. Eligibility and account

2.1 You must be at least 18 years old and able to form a binding contract.

2.2 You must provide accurate, current, and complete information when registering and keep it up to date.

2.3 You are responsible for all activity under your Account, including by your Authorised Users, whether or not authorised by you. You must keep credentials confidential, enable available security features including two-factor authentication, and notify us promptly at support@pocketleadz.com of any suspected unauthorised access.

2.4 You are responsible for your Authorised Users' compliance with these Terms.

3. The Service, plans, and changes

3.1 We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes, in accordance with these Terms and your chosen plan.

3.2 Plan features, inclusions, and limits (for example lead caps, auto-reply caps, user seats, and integrations) are described on our website and may differ between the Free Plan, Starter, and Growth plans. The Free Plan is provided "as is" and may carry usage limits, including a monthly cap on automated replies, after which that feature may pause while leads continue to be captured.

3.3 We may add, change, suspend, or remove features, plans, integrations, or functionality at any time. We will take reasonable steps to notify you of changes that materially and adversely affect a paid plan.

3.4 The Service relies on, links to, and integrates with third-party services and platforms, including Connected Providers and others (for example Meta lead ads, hosting, payment processing, and analytics). Your use of those services is governed by their own terms, and we are not responsible for them. We may change or discontinue an integration if the third party changes or withdraws its service.

4. Fees, billing, and taxes

4.1 Paid plans are billed in advance on a recurring basis at the price shown at purchase. Subscriptions renew automatically until cancelled, and you authorise us and our payment processor to charge your nominated payment method for each renewal until you cancel.

4.2 You may cancel at any time, effective at the end of the current billing period. Unless required by law, fees already paid are non-refundable and we do not provide pro-rata refunds for partial periods, downgrades, or unused features.

4.3 We may change prices on reasonable advance notice, with the new price applying from your next billing period. Continuing to use a paid plan after the change takes effect is acceptance of the new price.

4.4 Prices are exclusive or inclusive of taxes (including GST or sales tax) as indicated at checkout. You are responsible for all applicable taxes other than taxes on our income.

4.5 Connected Provider charges are separate. You are solely responsible for all fees charged by your Connected Providers (for example Twilio and Resend), including per-message, carrier, and registration fees. We do not collect or control those fees.

4.6 If a payment fails or is overdue, we may suspend or downgrade your Account after reasonable notice.

5. Acceptable use

5.1 You must not, and must not permit any Authorised User or End User to:

(a) use the Service to send any Communication in breach of any applicable law, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the Telemarketing Sales Rule, state telemarketing and "mini-TCPA" laws, the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth), and applicable privacy laws;

(b) send Communications to any person who has not given the consent required by law, or who has unsubscribed, opted out, or revoked consent;

(c) use the Service for unsolicited bulk messaging, harassment, scams, phishing, malware, or other unlawful, deceptive, or harmful activity;

(d) upload, store, or transmit content that is illegal, defamatory, infringing, obscene, or that you do not have the right to use;

(e) collect or process personal information through the Service without a lawful basis and any required consent;

(f) attempt to gain unauthorised access to the Service, probe or test its security, circumvent usage limits, or interfere with its operation;

(g) copy, modify, reverse engineer, decompile, scrape, resell, sublicense, or create derivative works of the Service except to the extent this restriction cannot lawfully be excluded;

(h) use the Service to build or benchmark a competing product without our written consent; or

(i) misrepresent your identity or affiliation, or impersonate any person.

5.2 We may investigate suspected breaches and may suspend or terminate access, remove content, or report conduct to authorities where we reasonably consider it necessary. We are not obliged to monitor Customer Data but may do so to operate, secure, and improve the Service or to comply with law.

6. Communications, consent, and messaging compliance

6.1 The Service includes tools that send SMS and email Communications, including auto-replies and automated multi-step follow-up sequences, on your behalf and at your direction, using your own Connected Provider accounts.

6.2 You are the sender, and you are responsible for consent. For every Communication sent through the Service, you are the person or business who authorises and sends it. You are solely responsible for ensuring that, before any Communication is sent, you comply with all applicable law. Without limiting that responsibility, you must:

(a) (United States, SMS and calls) hold the consent required under the TCPA, which for marketing autodialled or texted messages means prior express written consent that is clear, conspicuous, and documented, and keep records of that consent (the Telemarketing Sales Rule requires retention for at least five years);

(b) (United States, email) comply with the CAN-SPAM Act, including truthful headers and subject lines, identification of the message as an advertisement where required, a valid physical postal address, and a working opt-out;

(c) (United States, opt-outs) honour any request to revoke consent made through any reasonable means (including replies such as STOP, QUIT, CANCEL, UNSUBSCRIBE, and also email, web form, or verbal requests), within the time required by law (generally within 10 business days), and not send further marketing after revocation;

(d) (United States, registries and state law) comply with the National Do Not Call Registry, applicable state Do Not Call and telemarketing laws, and state "mini-TCPA" statutes;

(e) (Australia) comply with the Spam Act 2003 (Cth), including consent, accurate sender identification (your legal name or name and ABN and current contact details), a functional unsubscribe facility, and the Do Not Call Register Act 2006 (Cth) where applicable, and any sender identification registration requirement including the ACMA SMS Sender ID Register; and

(f) observe applicable time-of-day, quiet-hours, and timezone restrictions, and identify yourself accurately in every Communication.

6.3 Connected Providers are yours. You connect and use your own Twilio and Resend (or equivalent) accounts. You are responsible for opening and maintaining those accounts; complying with those providers' terms and acceptable use policies; completing and maintaining all carrier and messaging registrations (including United States A2P 10DLC brand and campaign registration and any sender ID registration); your sending reputation and deliverability; and all charges. We orchestrate sending through your credentials; we are not the account holder, sender of record, or registrant with any carrier, email provider, or registry.

6.4 The Service provides features intended to assist with compliance, such as STOP-keyword unsubscribe handling, auto-stop on reply, and quiet-hours and timezone controls. These are tools only. They do not transfer the legal responsibilities in clause 6.2 to us, they do not by themselves make your messaging compliant, and you remain responsible for capturing and honouring opt-outs received by any reasonable means, not only by STOP.

6.5 Delivery of Communications depends on your Connected Providers and on carriers, and is not guaranteed.

7. Customer Data and Lead Data

7.1 As between you and us, you own and are responsible for your Customer Data, including Lead Data. You grant us a non-exclusive, worldwide licence to host, copy, transmit, display, and process Customer Data solely to provide, secure, maintain, and improve the Service, to comply with law, and as otherwise permitted by these Terms and our Privacy Policy.

7.2 You warrant that: (a) you have collected, and may use and disclose to us, all Customer Data and Lead Data in accordance with applicable law; (b) you have all necessary rights, consents, and notices in place for the data you submit and for the purposes for which it is processed through the Service; and (c) your use of the Service does not breach any law or any third party's rights.

7.3 For Lead Data and other personal information about your End Users, you are the entity responsible to those individuals (the controller, business, or APP entity, as applicable). We host and process that data on your behalf and on your instructions. Where an End User contacts us about their personal information held in your Account, we may refer them to you and assist you to respond.

7.4 Backups are your responsibility. While we maintain our own operational backups, you are responsible for independently retaining copies of any Customer Data you need. We do not warrant that Customer Data will be retained, backed up, or recoverable, and to the maximum extent permitted by law we are not liable for any loss, deletion, corruption, or unavailability of Customer Data. You should regularly export and store your own copies.

8. Regulated Data, HIPAA, and financial data

8.1 Default position: no Regulated Data without a written agreement. Except where we have signed a written agreement with you that expressly covers the relevant category (for example a Business Associate Agreement for PHI, or a data security addendum for NPI), you must not submit, store, or transmit Regulated Data through the Service, and you are responsible for ensuring your Customer Data does not contain it.

8.2 HIPAA. The Service is not, by default, offered as a HIPAA-compliant service, and we are not your Business Associate unless we have both signed a Business Associate Agreement. Unless such an Agreement is in place, you must not submit PHI (as defined under HIPAA) to the Service. If you are a covered entity or business associate (for example a dental or other health practice), you are responsible for your own HIPAA compliance and for ensuring no PHI enters the Service absent a signed Business Associate Agreement.

8.3 GLBA and financial data. If you are a financial institution subject to the Gramm-Leach-Bliley Act and the FTC Safeguards Rule (for example a mortgage broker), you are responsible for your own compliance, including oversight of service providers. To the extent you provide us with NPI in using the Service, we will implement the security measures described in our Privacy Policy and in any data security or processing addendum the parties sign, and you must not provide NPI beyond what is reasonably necessary for the Service.

8.4 You indemnify us for any breach of this clause 8 in accordance with clause 14.

9. Privacy and United States state privacy laws

9.1 Our handling of personal information is described in our Privacy Policy at https://pocketleadz.com/privacy, which forms part of these Terms.

9.2 Service provider / processor role. Where we process personal information of individuals (including End Users and Lead Data) on your behalf, we act as your "service provider" or "processor" under applicable United States state privacy laws (including the CCPA as amended) and equivalent laws. We will process that personal information only to provide the Service and as permitted by those laws, will not sell or share it or use it for our own purposes outside our direct business relationship with you, and will reasonably assist you to respond to verified consumer rights requests. A separate Data Processing Addendum may apply and, if signed, prevails over this clause for the data it covers.

9.3 You are responsible, as the business or controller, for providing required notices to and obtaining required consents from your End Users, and for honouring their privacy rights.

10. Third-party services and Connected Providers

We do not control and are not responsible for any third-party platform, Connected Provider, integration, carrier, or registry, their availability, their terms, or any act or omission by them. Your use of them is at your own risk and subject to their terms.

11. Service availability, warranties, and consumer law

11.1 We aim to keep the Service available but do not guarantee it will be uninterrupted, error-free, secure, or available at any particular time. We may carry out maintenance, updates, and changes, and may suspend the Service where reasonably necessary.

11.2 Except for the rights in clauses 11.3 and 11.4, and to the maximum extent permitted by law, the Service is provided "as is" and "as available", and we exclude all express and implied warranties, terms, and conditions, including merchantability, fitness for a particular purpose, accuracy, reliability, availability, and non-infringement.

11.3 Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other Australian law to the extent it cannot lawfully be excluded ("Non-excludable Rights"). Where a Non-excludable Right applies and the law allows us to limit our liability, our liability is limited, at our option, to: for goods, replacing them, supplying equivalent goods, or paying the cost of doing so; and for services, re-supplying them or paying the cost of re-supply. This limit does not apply where the supply is of a kind ordinarily acquired for personal, domestic, or household use and the law does not permit it to be limited.

11.4 Other mandatory rights. Nothing in these Terms excludes or limits any right or remedy you have under applicable law that cannot lawfully be excluded or limited, including under United States state consumer protection law.

12. Limitation of liability

12.1 This clause applies to the maximum extent permitted by law and is subject to clauses 11.3 and 11.4.

12.2 We are not liable to you or any other person for any indirect, incidental, special, exemplary, or consequential loss, or for any loss of profit, revenue, business, goodwill, opportunity, or anticipated savings, or for any loss or corruption of data, loss of leads, or business interruption, however arising and whether in contract, tort (including negligence), under statute, or otherwise, even if foreseeable or we were advised of its possibility.

12.3 Our total aggregate liability arising out of or in connection with these Terms and the Service, for all claims combined, is limited to: for a paid plan, the total fees you paid us for the Service in the 12 months before the event giving rise to the liability; and for the Free Plan or where no fees were paid, USD $100 (or AUD equivalent).

12.4 You acknowledge that the fees reflect this allocation of risk, and that we would not provide the Service on these terms without these limitations.

13. Your compliance and assumption of risk

You acknowledge that you, not us, control who you contact, what you send, and the consent on which you rely, and that messaging laws (including the TCPA) impose liability on the sender and may allow message recipients to bring claims directly. You assume responsibility for that risk and for maintaining the consent records needed to defend it.

14. Indemnity

14.1 You indemnify us and our officers, employees, and contractors against all claims, liabilities, losses, damages, costs, and expenses (including reasonable legal costs) arising out of or in connection with:

(a) your Customer Data or Lead Data, including any claim that it was collected, used, disclosed, or processed unlawfully;

(b) any Communication sent through the Service on your behalf, including any claim or alleged breach under the TCPA, the CAN-SPAM Act, the Telemarketing Sales Rule, state telemarketing or "mini-TCPA" laws, the Spam Act 2003 (Cth), or the Do Not Call Register Act 2006 (Cth);

(d) your breach of any privacy law, including United States state privacy laws and the Privacy Act 1988 (Cth);

(e) your or your Authorised Users' breach of these Terms or of any law; and

(f) any claim brought by an End User, message recipient, or other third party relating to your use of the Service.

14.2 This indemnity survives termination.

15. Suspension and termination

15.1 You may terminate by closing your Account or cancelling your Subscription, effective at the end of the current billing period.

15.2 We may suspend or terminate your access, with or without notice, if you breach these Terms, if your payment fails, if we reasonably suspect unlawful or harmful use, or if required by law. Where practical and lawful, we will give notice and an opportunity to remedy.

15.3 On termination, your right to use the Service ends. We will make Customer Data available for export for a reasonable period (which may be a limited number of days) and may then delete it. We are not liable for deletion of Customer Data after that period. Some data may be retained where required by law or for legitimate backup, security, or dispute-resolution purposes.

15.4 Clauses that by their nature should survive (including 7, 7.4, 8, 9, 11, 12, 13, 14, 15.3, 16, and 18) survive termination.

16. Intellectual property

16.1 We and our licensors own all intellectual property rights in the Service, including software, designs, text, graphics, the Pocket Leadz name and logo, and all related trade marks. You receive only the limited licence in clause 3.1.

16.2 On the Free Plan, your link-in-bio page may carry a "Powered by Pocket Leadz" badge. Removing it requires an eligible paid plan.

16.3 If you give us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction or obligation to you.

17. Confidentiality and force majeure

17.1 Each party must keep the other's confidential information confidential and use it only to perform these Terms, except where disclosure is required by law or the information is public through no fault of the receiving party.

17.2 We are not liable for any failure or delay caused by events beyond our reasonable control, including outages, cyber attacks, failures of third-party providers or Connected Providers, telecommunications or internet failures, natural events, or government action.

18. General

18.1 Governing law. These Terms are governed by the laws of South Australia, Australia, and you submit to the non-exclusive jurisdiction of the courts of South Australia and courts that hear appeals from them. This clause does not limit any non-excludable statutory right or remedy available to you under the law of your own jurisdiction, and does not govern claims that message recipients or regulators may bring directly under applicable law.

18.2 Changes to these Terms. We may update these Terms from time to time. We will post the updated version and, for material changes, take reasonable steps to notify you. Continued use after the changes take effect is acceptance.

18.3 Assignment. You may not assign these Terms without our consent. We may assign in connection with a sale, merger, or reorganisation.

18.4 Entire agreement. These Terms, the Privacy Policy, and any Data Processing Addendum or Business Associate Agreement we sign are the entire agreement about the Service and supersede prior discussions.

18.5 Severability and waiver. If any provision is unenforceable, it is read down or severed to the minimum extent necessary, and the rest continues to apply. A failure to enforce a provision is not a waiver of it.

18.6 Notices. Notices to us: support@pocketleadz.com. Notices to you: the email associated with your Account or a posting in the Service.

19. Contact

Ross Clark McFarlane, trading as Pocket Leadz ABN 13 612 801 409 687c Brighton Rd, Seacliff SA 5049, Australia support@pocketleadz.com

These Terms are provided for general information and are not legal advice. Have them reviewed by a qualified United States attorney and an Australian solicitor before you rely on them. Your counsel should confirm governing law and venue, and whether to add an arbitration clause and class-action waiver.