Terms of Use

These Terms of Use ("Terms") govern the services provided by Leadica Limited ("Leadica", "we", "our", or "us") to its clients ("Client", "you"). By engaging our services or using our platform, you agree to comply with and be bound by the following terms.

1. Acceptance of Terms

By accessing, browsing, or using our Website and Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy. We reserve the right to modify these Terms at any time without prior notice. Your continued use of the Website and Services constitutes acceptance of any changes.

2. Overview of Services

Leadica offers services including:

• Lead Generation (cold outreach, inbound marketing, digital campaigns)
• AI-led Automation Services (AI Voice, SMS bots, workflow automation, CRM integration)
• Growth Marketing and Sales Funnel Optimisation
• Website Design and Development
• App Development and Deployment

Unless otherwise agreed in writing, all services are subject to these Terms.

3. User Eligibility

Our Website and Services are intended for individuals aged 18 years or older. By using our Website and Services, you represent and warrant that you are at least 18 years of age. If you are under the age of majority in your jurisdiction, you should review these Terms with your parent or guardian to ensure they understand and agree to them.

4. Anti-Spam Policy

Leadica is committed to ethical and lawful marketing practices in line with Australian and New Zealand anti-spam legislation. We do not send unsolicited emails or SMS to consumers.

For business communications, we ensure we have at least deemed consent, meaning we only reach out to publicly available business contacts where there is a reasonable expectation of receiving relevant messages.

All our emails clearly identify us, provide accurate sender details, and include a simple, free opt-out option. If you wish to unsubscribe or believe you have received an unwanted message, contact us at hello@leadica.io, and we will remove you promptly.

5. Lead Generation Services – Additional Terms

5.1 Definition

"Lead Generation Services" refers to any activities undertaken by Leadica to attract, qualify, or deliver potential customer enquiries ("Leads") to the Client. This includes, but is not limited to, email outreach, LinkedIn campaigns, paid advertising, landing page optimisation, and CRM setup.

5.2 Results Not Guaranteed

While we make every effort to help our clients achieve the best possible results, Leadica does not guarantee specific outcomes. Any testimonials or examples of results are not intended to represent or guarantee that anyone will achieve the same or similar results. Success in any business endeavour involves inherent risks, and your results may vary based on various factors, including your market, business model, and implementation of our strategies.

Leadica does not guarantee that any leads provided will convert to sales, revenue, or retained customers. Lead quality will vary based on market conditions, targeting, and other external factors.

5.3 Client Responsibilities

Clients are responsible for timely follow-up and qualification of leads provided, unless otherwise agreed. Leadica accepts no liability for missed opportunities due to inaction by the Client.

5.4 Use of Client Platforms and Branding

Where necessary, the Client authorises Leadica to use its brand, domains, email addresses, LinkedIn profiles, or ad accounts to carry out campaigns.

5.5 Compliance

Clients are responsible for ensuring that contact lists, target criteria, and campaign data comply with relevant laws including but not limited to GDPR, CAN-SPAM, and New Zealand's UEM Act.

5.6 No Exclusivity or Volume Commitments

Unless otherwise agreed, Leadica does not offer territory exclusivity or minimum lead volumes. Lead delivery may fluctuate based on budget, platform performance, and seasonality.

5.7 Reporting and Delivery

Leadica will deliver leads through the agreed method. Any discrepancies must be raised within 5 business days of delivery.

6. AI Automation Services – Additional Terms

6.1 Definition

"AI Automation Services" includes implementation or configuration of workflows, voice agents, SMS bots, chatbots, or AI-driven tools provided by Leadica or its technology partners.

6.2 Limitations of AI

AI-generated outputs may be inaccurate, incomplete, or inappropriate in some contexts. Leadica does not guarantee the accuracy or suitability of AI responses.

6.3 Client Responsibility

Clients are responsible for providing clear, accurate, and lawful inputs used to configure AI tools. Clients must test and approve messaging before deployment.

6.4 Third-Party Tools

AI features may rely on third-party platforms (e.g. OpenAI, CRM app, Twilio). Leadica is not liable for changes, outages, or behaviour of these services. See section 13 for the full position on third-party platforms and client-provided data.

6.5 Data Privacy

AI interactions may involve temporary data processing through secure APIs. Unless stated otherwise, Leadica does not store customer message content. Sensitive or regulated data should not be shared via AI workflows.

6.6 Liability Limitation

Leadica is not liable for damages resulting from AI errors, missed leads, or automation failures unless caused by Leadica's negligence or wilful misconduct.

7. Website Design, App Development and Deployment – Additional Terms

7.1 Scope

"Website Design and Development" and "App Development and Deployment" cover the design, build, configuration, integration and release of websites, landing pages, web applications and mobile or web-based apps, together with related deployment, hosting setup and handover work. The specific scope, deliverables, milestones, technologies, environments and acceptance criteria for each engagement will be set out in the relevant proposal, statement of work or written quote ("SOW"). If anything in this section conflicts with an SOW, the SOW prevails for that engagement.

7.2 Typical Deliverables

Depending on the SOW, deliverables may include: discovery and requirements documentation; information architecture and wireframes; visual design and prototypes; front-end and back-end development; CMS, database and authentication setup; integrations with third-party platforms (such as CRM, email, payments, AI, analytics, automation and SMS providers); content loading from client-supplied assets; basic on-page SEO setup; testing in agreed browsers and devices; deployment to an agreed hosting environment; and a documented handover. Items not expressly listed in the SOW are out of scope.

7.3 Out of Scope (Unless Agreed in Writing)

Unless expressly included in the SOW, the following are out of scope: copywriting, professional photography or video, illustration, translation, ongoing content production, paid media spend, third-party platform subscriptions or licence fees, penetration testing, formal accessibility certification (e.g. WCAG audit), legal review of website content, data migration from legacy systems, and ongoing maintenance, support, monitoring or hosting after handover.

7.4 Client Responsibilities

The Client is responsible for providing timely access to required accounts, domains, hosting, DNS, brand assets, content, credentials and decision-makers, and for reviewing and approving designs, content and releases within the timeframes agreed in the SOW. Delays caused by the Client may extend timelines and may result in additional fees.

7.5 Acceptance and Revisions

Each milestone or deliverable is deemed accepted when (a) the Client confirms acceptance in writing, or (b) the Client uses the deliverable in production, or (c) five (5) business days have passed from delivery without written, specific feedback. The number of revision rounds included is set out in the SOW; additional revisions, new requirements or change requests will be quoted as variations.

7.6 Hosting, Domains and Third-Party Services

Where the SOW includes deployment, Leadica will deploy to the agreed hosting environment using reputable third-party providers (such as cloud hosting, CDN, database, authentication, analytics and email providers). The Client is responsible for any third-party platform fees, subscriptions and account ownership unless the SOW states otherwise. Section 13 governs the use of, and Leadica's responsibility for, those third-party platforms.

7.7 Performance, Compatibility and Security

Leadica will use reasonable care and skill to deliver functional, secure and performant builds, tested in the browsers, devices and environments agreed in the SOW. Leadica does not warrant that deliverables will be error-free, uninterrupted, compatible with every device, browser or future platform change, or that they will achieve specific search ranking, conversion, traffic or commercial outcomes.

7.8 Maintenance, Support and Updates

Maintenance, support, monitoring, security patching, backups and updates are not included unless expressly stated in the SOW or covered by a separate care plan. Without an active support arrangement, Leadica is not obliged to respond to issues, outages or change requests.

7.9 Intellectual Property and Open Source

On full payment of all fees due under the SOW, the Client receives a non-transferable, non-exclusive licence to use the custom code, design files and configurations created specifically for them as part of the engagement, for their own internal business purposes. Leadica retains ownership of, and may reuse, its pre-existing tools, frameworks, components, templates, libraries and know-how, including any improvements or generic components developed during the engagement. Open-source software, third-party plugins, themes, fonts and assets remain subject to their own licences.

7.10 Client-Supplied Content

The Client warrants that any content, data, images, logos, code or assets it supplies are accurate, lawful and that the Client owns or is licensed to use them. Section 13 applies to any personal information supplied as part of, or processed through, the deliverables.

7.11 Fees and Variations

Fees are as set out in the SOW. Out-of-scope work, additional revisions, change requests, expedited delivery and project pauses or restarts may be charged as variations at Leadica's then-current rates and are subject to section 8 (Fees and Payment).

8. Fees and Payment

8.1 Terms

Fees are set out in the proposal or agreement. Payment terms are typically 7 days unless otherwise stated.

8.2 Deposits and Milestones

Project commencement may require a deposit. Ongoing work may be tied to milestones or recurring billing cycles.

8.3 Late Payments

Overdue invoices may result in service pause or termination. A late fee may apply. Leadica reserves the right to charge interest on overdue amounts at 2% per month, compounded monthly.

9. Intellectual Property

All content, workflows, strategies, and automations developed by Leadica remain the intellectual property of Leadica unless expressly assigned in writing. Clients receive a non-transferable, non-exclusive licence to use the deliverables for their own internal business purposes only.

10. Confidentiality

Both parties agree to treat all confidential information received in connection with the services as strictly confidential and not disclose it to third parties without prior written consent, unless required by law.

11. Termination

Unless otherwise stated in the proposal or service agreement, a minimum of 30 days' written notice is required to terminate any Leadica service plan. During the notice period, the Client agrees to continue payment under the standard plan terms. Leadica may terminate the engagement immediately for material breach or non-payment.

Upon termination, all outstanding payments become immediately due. Any remaining deliverables or data transfers will be completed only after final payment is received.

12. Liability

To the fullest extent permitted by law, Leadica shall not be liable for any indirect, incidental, punitive, or consequential damages arising out of or relating to the services.

Leadica's total aggregate liability under these Terms shall not exceed the total fees paid by the Client to Leadica in the six (6) months preceding the event giving rise to the claim.

13. Client Data, Marketing Lists and Third-Party Platforms

Where you provide Leadica with customer lists, prospect lists, subscriber lists, contact records, CRM data, suppression lists or other personal information, you confirm that you have all rights, permissions, consents and lawful authority required to provide that information to us and to instruct us to use it for the agreed services.

You remain responsible for the accuracy, legality and source of any data you provide to us, including compliance with privacy, spam, marketing, consumer protection and industry-specific laws that apply to your business.

We will use client-provided data only for the purpose of delivering the agreed services, unless otherwise agreed in writing or required by law.

You acknowledge that some services may require the use of third-party platforms, including CRM systems, email marketing platforms, automation tools, advertising platforms, analytics tools, AI tools, SMS providers, hosting providers and data enrichment services. We are not responsible for the acts, omissions, outages, data handling practices, security incidents or terms of those third-party platforms, except to the extent caused by our own negligence, wilful misconduct or breach of our written agreement with you.

Unless otherwise agreed in writing, Leadica does not guarantee that any third-party platform, including email marketing, CRM, advertising, AI or automation platforms, will provide insurance cover, indemnity or compensation to you or your customers in the event of a data breach, platform compromise, outage, unauthorised access or other incident.

Any liability of Leadica for claims relating to client-provided data, marketing lists, campaign activity, third-party platforms or data handling is subject to the overall liability cap set out in section 12, except where liability cannot legally be excluded or limited.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of New Zealand. Any disputes arising under or in connection with these Terms shall be submitted to the exclusive jurisdiction of the New Zealand courts.

15. Indemnification

You agree to indemnify, defend, and hold harmless Leadica and its affiliates, officers, agents, employees, and partners from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Website or Services, or your violation of these Terms. This includes, without limitation, claims arising from your breach of the data and authority warranties in section 13 (client-provided data, marketing lists and third-party platforms).

16. Updates to Terms

Leadica reserves the right to update these Terms at any time. The most current version will always be available at leadica.io/website-terms. Continued use of our services constitutes acceptance of the updated Terms.

If you have questions or require a tailored agreement, please contact hello@leadica.io.

17. Contact Information

Leadica Limited
Level 1, 285 Parnell Road
Parnell, Auckland 1052
New Zealand
Email: hello@leadica.io
Phone: +64 9 309 5050

By using our Website and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.