Terms of Use

Welcome to Product Lab LLC, doing business as Leads365 and StackIQ, each Product Lab LLC services (“Company”, “we”, “our”, “us”). By accessing and using our website at www.productlab.dev, www.stackiq.biz or www.l365.agency, and by any purchase of Product Lab or StackIQ services, or by subscribing to an Order of our Leads365 services, you, the legal entity or party to whom we are providing our services to (“User”, “Customer”, “You”), agree to be bound by the following terms and conditions, “Terms.”

IMPORTANT DISCLOSURE

We pride ourselves on being fully transparent with all our customers. As we focus accepting payment online through our Leads365 services, key terms for those services are highlighted here. Online payments made through our website are 256-bit encrypted secure payments using a licensed and trusted third-party payment service. Customer payment information is neither stored or cached on the web payment page or portal itself, so your payment information will be lost if the payment page is refreshed before payment is processed as complete. We will otherwise securely retain payment information for your monthly payments until you cancel. In the event you cancel, we will automatically delete your payment information to prevent re-processing. Please also note that payments are final once made and cannot be reversed. Any payments made in error will require contacting administration@productlab.dev for payment resolution. Lastly, we do provide our Leads365 Guarantee that if within the first 30 days after service activation begins following setups you do not see leads because of our services, you will not be required to pay a full month fee of your subscribed services. Lastly, while we will make every possible effort to ensure no mistakes are ever made, we cannot guarantee absolute perfection in everything we do so please work with us in the event any mistakes do get made, and we will also ensure we make good on them to your full satisfaction.

 

We otherwise ask that you read all our Terms carefully before making any payment.

 

A. Definitions.

1. “Agreement” means all services, terms and specifications agreed upon for your selected Plan (see “Plans” below) between Leads365 and Customer.

2. “Order” means any registration (either paid subscription or free trial), signed quote, order confirmation or sign-up through a Company web interface indicating the products and services ordered, to be ordered or currently used by Customer.

3. “Result” means any company data, contact information, lead or other information or data provided by the Services as an outcome to Customer.

4. “Services” means the leads365 web software, platform, products, and any services which Leads365 provides to Customers through its websites, portals, interfaces (APIs), integrations and further internet-based services. These services may include, but are not limited to, lead page creation, lead page management, advertising budget management, website SEO, website creation, website management, and more.

5. “Sources” may include but are not limited to company websites, news portals, online media, and public databases, such as commercial registers, blogs, forums, consumer portals or social networks.

6. “Subscription” means the level of monthly Services the Customer has agreed to subscribe to through online payments.

 

B. Scope of Application and Use of Definitions.

1. These Terms apply to all Services which Leads365 provides to Customers. By purchasing, using, or otherwise accessing any of the Services, you agree to be bound by the Agreement.

2. These Terms take effect the earlier of (a) the use or access of the Services, or (b) the execution of an Order and supersede all prior communications between User and Leads365, unless expressly agreed otherwise in writing.

3. The Services are offered for professional purposes only and are not in violation of any written or published local, state or federal law, i.e., for natural or legal persons who or which, when entering a legal transaction, act in exercise of a business. User confirms that the use of the Services is intended for commercial or professional purposes only.

4. Leads365 does not accept any other terms (e.g., additional and ancillary provisions such as guarantee commitments, procurement terms or assurances) with regard to the provision of the Services, unless agreed in writing by an authorized Company representative.

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C. Content and Use of Services.

1. Leads365 provides its Services to Customers in accordance with the Agreement. The Services will be provided as they exist and may be updated and amended throughout the Term (as defined below in section 9).

   • Leads365 Services can be used without sharing personal data with us. However, if you (a) are implementing Leads365 technologies in your systems or website by means of which you share personal data with us, or (b) share personal data with us to be processed on your behalf, a separate data processing agreement will be required to be executed with the Company as part of providing those Services to you.

   • Regarding any other Services, Leads365 processes personal data for its own purposes and not on behalf of you. Therefore, Leads365 does not enter into a data processing agreement regarding all other processing activities. Additional information can be found here in Leads365’s privacy notice (https://rb.gy/j4uf).

2. In the event Leads365 offers specialized or third party Services to you, the provision of such Services may be dependent on your consent to additional terms and conditions prior to the activation of such Services.

   • You acknowledge and understand that the content and scope of Services and Results, including the selection of Sources, are subject to change and are expected to change time to time. To improve the swiftness and efficiency of certain Services, Leads365 may expand, modify, or supplement its offering at any time and in Leads365’s sole discretion.

   • You acknowledge that all Results are compiled through automated systems. Leads365 is not responsible for the completeness, relevance or correctness of the Results and does not have any influence on or control over the Results which are served from Sources.

   • As Leads365 processes and delivers Results automatically without manual checks, you acknowledge that the Results may contain incorrect, harmful, illegal, offensive, or otherwise inappropriate or unsuitable texts, images, or works. Such content shall not be considered a defect of the Services.

   • To the extent Leads365 may add additional information to data provided by you as part of the Service, you acknowledge and agree that Leads365 is not responsible for ensuring that the Results are fit for your intended purpose or use. It is your own responsibility to ensure the accuracy and suitability of the respective Results provided to you.

   • Leads365 is entitled, in each case, to reject specific the display of certain Results if Leads365 cannot reasonably execute or display these for technical and/or legal reasons.

 

D. Services.

1. Leads365 grants to the Customer a non-exclusive, non-transferable Subscription in accordance with the Agreement for the type of Services granted to the Customer.

2. Company will provide Services to a paying Customer, including but not limited to, customized landing page creation to match the business and managing that page; managing the business digital advertising budget to drive new traffic to that page through Google Ads, Facebook Ads, Instagram Ads, LinkedIn Ads, Twitter Ads, Pinterest Ads, or TikTok Ads; generation of new customer leads passed directly to the Customer; website creation, website management, and website SEO. These services are subject to change without notice.

3. Apart from the following, the Customer is not entitled to lease, resell, or otherwise transfer the Services or Results to third parties:

   • Use of the Services may only take place within the Customer’s organization. Use for or within any other enterprises (including affiliated companies) and/or publishing of Results is only permitted with prior written consent of Leads365.

   • Transmission of Results or granting access to the Services to external service providers (agencies, call centers, etc.,) is only permitted for uses where these providers directly support the Customer for its own purpose and their use is restricted by means of time, access and region to the Customer’s project.

   • Where applicable for a given Service Subscription, Customer shall be entitled to assign any User that is a natural person or employed by or working for the Customer a named user license (“Seat”) up to the number indicated in the Order. For the avoidance of doubt, Leads365 is not required to provide its Services to unlicensed Users, i.e., if the number of Users exceeds the number of available Seats.

   • Where applicable for a given Service Subscription, Leads365 may provide Users with an online working environment, which Users may a) access directly by entering their login and password or b) use indirectly via a software interface permitting authorized access.

   • Customer acknowledges and agrees that Leads365 offers different Services as Subscriptions composed of different data sets, products, features and actions (”Actions”) that can be performed within such Plans by the Customer.

   • Where applicable for a given Service Subscription, Actions include (but are not limited to) the download/export of data, revealing of leads or contact details, syncing data to an external system or sending API calls.

   • Where applicable for a given Service Subscription and depending on the Agreement and number of Results affected, Customer acknowledges that certain Actions might be performed with or without cost, and in case of any additional charge, Leads365will inform the Customer accordingly.

   • Where applicable for a given Service Subscription, overuse of Seats above the limits of the Order can result in additional charges. Leads365will inform the Customer about such overuse and additional charges accordingly.

   • Where applicable for a given Service Subscription, Customer acknowledges and agrees that Leads365 may upon renewal adjust the applicable Plan to reflect overuse (according to Section 4.C.vii.) which has occurred during the Term or can be reasonably expected during the upcoming Term. Leads365will inform you about such adjustments accordingly.

   • Leads365 provides the Services on all calendar business days and unattended automation of Services without customer support on calendar weekends and legally recognized holidays. Company otherwise ensures that the Services have an availability of 99% in the annual average. The operating time shall exclude periods in which maintenance activities take place, provided that such maintenance has been published or announced at least 24 hours prior to commencement. Operational disruptions beyond Lead365 control, such any disruptions caused by grave national economic impact, war, state or federal emergencies, force majeure or unrelated third parties, are excluded from the operating times.

 

E. Guarantee.

Following the first 30 days after starting paid advertising, if the Company does not generate leads for the Customer within that 3-day period, the Customer will not be required to pay a one-month Subscription fee for their paid Services.

 

​F. User Obligations.

1. Where applicable for a given Service Subscription, Users are responsible for the confidentiality of their authentication credentials, such as logins, passwords, tokens, or API keys and shall not pass these on to third parties. They are fully responsible for misuse of such credentials resulting from a failure to comply with these obligations, and the company bears no responsibility for any outcome in the event of User failure to comply with these obligations.

2. Where applicable for a given Service Subscription, Customers shall exercise due care during their use. This means, in particular that:

   • Users shall not exploit any potential programming errors to the detriment of Leads365 and shall immediately report errors, bugs and any shortcomings relevant for IT security to Leads365 when Users become aware of such occurrences.

   • Users shall not unduly interfere with the Services or Leads365's infrastructure.

   • Users must not use Services for illegal purposes, or purposes that would be considered immoral or illegal in the eyes of the law.

   • Users shall ensure not to spread viruses, worms, or other malicious code via the Services.

   • Users shall not access Services and databases of Leads365 by means of automated scripts (e.g., through "screen scraping"), except if such access has been expressly provided for in the Agreement and is done via interfaces designed and/or made available for such a purpose by Leads365.

   • Users shall not mislead other Users or attempt to gain access to profile and personal data of other Users or otherwise jeopardize the privacy and security of any data stored by Leads365.

   • Users shall not permit direct or indirect access to or use of any Services in a way that circumvents a usage limit included in the Agreement.

   • Users shall not copy a Leads365 Service or any part, feature, function, or user interface thereof or frame or mirror any part of any Services.

   • Users shall not access any Services or monitor the availability, performance, or functionality of these Services in order to build a competitive product or service, or for any other benchmarking for competitive purposes.

3. If there is evidence or a serious suspicion that a User has committed a breach of the aforementioned, or has attempted a breach, Leads365 may, with immediate effect, exclude the User from the further use of the Services until the matter has been reasonably resolved or, if the matter cannot be reasonably resolved, suspend such User and/or the respective Customer’s account.

4. You acknowledge and understand that you are solely responsible for complying with the laws, rules and regulations applicable to your use of the Results, e.g. data protection and e-privacy regulations. Leads365 is in no position to legally assess and/or influence your use of Results (e.g., if and how to use address or contact data).

 

G. Rights and Ownership.

1. You agree and acknowledge that certain Results may be subject to third-party rights and licenses (e.g., copyright or trademark protected) and that Leads365 does not grant or manage such third-party rights or licenses. Copyrights, patent rights, trademark rights and all other intellectual property rights related to the provision of the Services itself shall remain with the respective owners of such rights.

   1. If you provide data to Leads365, e.g., for the purpose of updating or enriching such data, you grant Leads365 a non-exclusive right to process such data as necessary, and to perform the Services pursuant to the Agreement.

   2. Leads365 will keep any personal data and other information provided by the Customer (such as User details) confidential and will only make the data available as necessary to complete or perform Leads365's Services pursuant to the Agreement. Leads365 will undertake reasonable effort to delete the received data and information upon your request.

   3. You acknowledge and agree that aggregated and anonymized data may be used to improve or develop our Services.

 

H. Support.

Leads365 will provide you with assistance and support in accordance with your Order and Subscription selected. Leads365’s Customer Support personnel will be available through email from 9:00 a.m. to 6:00 p.m. (Eastern Standard Time, Monday - Friday, except for federally recognized of Florida state recognized holidays), and by telephone or online chat for priority Customers, to respond to inquiries. Different support schedules may be available to you depending on your time zone and region.

 

​I. Orders, Payments, Term and Termination.

 

1. The initial duration of the Agreement with the Customer, as set forth in the Order, or any subsequent renewal period(s) are herein referred to as “Term”, which may either be defined as monthly or a period of months, as defined for a given Service.

2. The Customer may terminate the Agreement with effect within 5 calendar days before the completion of a Term. Extraordinary termination rights and the right to termination for just cause remain unaffected. For any Agreement with a Term of six (6) months or longer, a cancellation of the renewal must be received by Leads365 at least 30 days prior to the last day of the Term. Any Agreement that has not been canceled in time for any Term will automatically renew for another Term equal to the length of the last Term.

   • Fees for any Term apply as set forth in the Order by Customer. All prices by the Company are quoted in USD and exclude statutory sales tax (as applicable). Regarding any subsequent Terms, any increase of prices will be limited to a maximum of 10% per year. Leads365 will inform the Customer about such an increase accordingly.

   • Fees for any Term are due up front and not in arrears (unless otherwise stated in the Order). Leads365 will issue an invoice upon the earlier of (a) receipt of payment or (b) order confirmation. Payment of any (open) amount is due within fourteen (14) days of receipt of the invoice.

   • Payments for services are considered non-refundable and will be provided through a secure, encrypted online payment page from us. Any fees for set-ups are one-time and not part of a recurring Subscription and are non-refundable.

3. If Customer fails to pay in time, Leads365 may, in its sole discretion, take any or all of the following actions:

   • restrict or suspend User access to the Services (where Services are applicable) until all past-due payments are made,

   • terminate the Agreement, or

   • engage a third party to collect the outstanding amounts.

4. Leads365 shall provide Customer with written (email) notice prior to any suspension or termination in accordance with the above. Restriction or suspension of access to the Services shall have no effect on the Term of the Agreement nor Customer’s obligation to pay any respective fees. You will provide accurate, current, and complete information about the legal entity who is the contractual party when placing an Order (all information necessary to identify the legal entity, billing information, bank details [where applicable] and contact persons). Customer will inform Leads365 without undue delay of any relevant changes, e.g., address, billing information and bank details or the relevant contact person.

 

J. Provision of Services, Assignment of Rights.

1. Leads365 is entitled to involve third parties to provide the Services pursuant to the Agreement. Leads365 will ensure that such third parties comply with Leads365's obligations under this Agreement, in particular with confidentiality and privacy obligations set forth in these Terms.

   1. You may not assign, delegate or otherwise transfer the Agreement (or any rights or obligations under or in connection therewith) to any third parties without prior written consent of Leads365.

2. You may only set off claims uncontested or recognized in writing by Leads365 or ordered by a court of law.

   1. You may withhold payment or retain possession only to secure claims that are uncontested or ordered by a court of law.

 

​K. Liabilities

1. Leads365 shall only be liable to you for damages caused intentionally or with gross negligence. This shall not apply if Leads365 breaches essential obligations of the Agreement. Essential contractual obligations are those whose fulfillment makes the proper execution of the Agreement possible in the first place and on whose compliance the contractual partner regularly relies and may rely. The liability for a breach of essential obligations shall be limited for each contractual year to the remuneration owed by the Customer in the respective year in which the breach has occurred, this limitation shall not apply if the damage is foreseeable and typical for the Agreement and is typically higher than the annual remuneration.

2. Leads365 assumes no liability for lost profits, consequential or indirect damages, reductions in value of Customer’s brand or of its business, frustrated expenses or similar costs.

   • Any statutory strict liability shall remain unaffected by the above limitations of liability. The same shall apply to Leads365's liability in case of culpable injury to life, body, or health.

   • The limitations or exclusions of liability according to Sections 11.A. to 11.C. shall also apply to the personal liability of Leads365's employees, representatives, bodies, and vicarious agents.

   • The Customer shall indemnify Leads365 from any third party claims arising from an infringement of third-party rights caused by the Customer (e.g., as a consequence of an infringement of Section “Rights and Ownership”). This includes the reimbursement of reasonable legal costs incurred by Leads365 to defend itself against third-party claims. Leads365 shall inform the respective Customer of any legal claim raised against Leads365 without undue delay. Leads365 shall, before entering any settlement with such a third party, consult with the Customer. If Leads365 decides to enter a settlement without the Customer’s consent, Leads365 shall bear its own costs resulting from such settlement and in connection with the dispute.

 

L. Arbitration

Any dispute arising out of or relating to these terms and conditions, or the breach thereof, shall be settled by arbitration administered in the State of Florida by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties hereby waive their right to trial by jury.

 

​M. General

These terms and conditions, together with any other legal notices and agreements published by Leads365, a Product Lab LLC service on its website, shall constitute the entire agreement between the customer and Leads365, a Product Lab LLC service concerning the use of our website and services. If any provision of these terms and conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision. These terms and conditions shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law.

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