Terms of Service
Effective date: April 12, 2026
These Terms of Service (“Terms”) form a binding legal agreement between you and Lucas Zainer, an individual sole proprietor doing business as “InsertLead” (“InsertLead,” “we,” “us,” or “our”). They govern your access to and use of the InsertLead software-as-a-service platform and related websites, APIs, and tooling (collectively, the “Service”). By accessing or using the Service, by clicking a button indicating acceptance, or by requesting beta access, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility
You may use the Service only if: (a) you are at least eighteen (18) years old; (b) you are located in the United States; (c) you are using the Service on behalf of a legitimate real estate or real estate-related business; and (d) you are not barred from using the Service under applicable law. By using the Service, you represent and warrant that each of the foregoing is true.
2. Beta Service
The Service is currently offered as a private, invitation-only beta. Access is granted at our sole discretion and may be modified, suspended, or revoked at any time, with or without notice. Features available during beta may change materially, and we make no guarantee as to uptime, data durability, or continued availability during the beta period.
3. Your Account
You must provide accurate information when you register and keep it current. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at jzainer56@gmail.com of any unauthorized use. You may not share your account with any other person or entity.
4. Bring-Your-Own Twilio and AI Credentials
The Service operates on a “bring-your-own-credentials” model. You will create and maintain your own account(s) with Twilio, Inc. and, if you choose to use AI message generation, with Anthropic, OpenAI, or another supported provider. You are solely responsible for:
- All fees and charges assessed by Twilio and your AI provider;
- Obtaining and maintaining any required brand registration, campaign registration, and approvals under the Application-to-Person 10-Digit Long Code (A2P 10DLC) program or any successor messaging compliance regime;
- Keeping the credentials you provide to InsertLead accurate, current, and authorized for the intended use; and
- Complying with the terms of service and acceptable use policies of Twilio, your AI provider, and any other third party whose credentials you supply.
You grant InsertLead a limited, revocable license to use the credentials you supply solely to operate the Service on your behalf and in accordance with your instructions.
5. Customer Data and License
“Customer Data” means all contact records, lead information, message content, notes, and other data you upload to or generate through the Service. As between you and InsertLead, you retain all right, title, and interest in and to Customer Data. You grant InsertLead a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process Customer Data solely as necessary to provide the Service to you.
You represent and warrant that you have all rights, consents, and authority necessary to upload Customer Data to the Service and to instruct the Service to contact the individuals identified therein. You are solely responsible for the accuracy, legality, and appropriateness of Customer Data.
6. Acceptable Use and Messaging Compliance
You agree that you will not use the Service to:
- Send messages in violation of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, its implementing regulations, or any state-law analog, including without limitation Florida’s Telephone Solicitation Act and Washington’s Commercial Electronic Mail Act;
- Send messages in violation of the CAN-SPAM Act, 15 U.S.C. §§ 7701–7713, or the Federal Trade Commission’s Telemarketing Sales Rule, 16 C.F.R. Part 310;
- Contact any telephone number registered on the National Do Not Call Registry or any applicable state do-not-call list unless you have an established business relationship with the called party or have obtained express prior consent;
- Contact any individual who has previously requested that you stop sending messages, whether by replying “STOP,” “UNSUBSCRIBE,” or any reasonable variant, or by any other means;
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
- Transmit content that is unlawful, harassing, threatening, defamatory, fraudulent, obscene, sexually explicit, or otherwise objectionable;
- Interfere with or disrupt the integrity or performance of the Service, or attempt to gain unauthorized access to the Service or its related systems;
- Use the Service to develop or train any competing product or service, or to benchmark the Service for a competing offering; or
- Use the Service in any manner prohibited by applicable law.
You are solely responsible for compliance with all laws and regulations applicable to your use of the Service, including obtaining any consents required from message recipients and honoring opt-out requests. You acknowledge that InsertLead is not a law firm and does not provide legal advice, and that the presence of technical compliance features within the Service (such as STOP handling, suppression lists, or template rotation) does not guarantee legal compliance in your particular circumstances.
7. Fees
The Service is provided free of charge during the beta period. We reserve the right to introduce fees, subscription plans, or usage charges at any time upon notice. Fees payable to Twilio, Anthropic, OpenAI, or other third-party providers for services you consume through your own credentials are not collected by InsertLead and are governed by your agreements with those providers.
8. Suspension and Termination
We may suspend or terminate your access to the Service, with or without notice, if: (a) you breach these Terms; (b) your use of the Service creates a legal or operational risk for InsertLead; (c) a third-party provider (such as Twilio) terminates or suspends the underlying services that enable your account; or (d) we discontinue the Service in whole or in part. You may terminate your account at any time by contacting us. Upon termination, your right to use the Service ceases immediately. Sections 5 (second paragraph), 6, 9, 10, 11, 12, 13, and 14 survive termination.
9. Intellectual Property
The Service, including its software, interfaces, text, graphics, logos, and underlying technology, is the property of InsertLead or its licensors and is protected by United States and international intellectual property laws. Except for the limited rights expressly granted to you in these Terms, no right, title, or interest in or to the Service is transferred to you. “InsertLead” and the InsertLead logo are trademarks of Lucas Zainer.
10. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INSERTLEAD DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. INSERTLEAD DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INSERTLEAD MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY SERVICES, INCLUDING TWILIO, ANTHROPIC, OR OPENAI.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL INSERTLEAD, ITS OWNERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INSERTLEAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL INSERTLEAD’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNT YOU PAID TO INSERTLEAD IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
12. Indemnification
You will defend, indemnify, and hold harmless InsertLead and its owner from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Service; (b) Customer Data you upload or messages you send through the Service; (c) your violation of these Terms or of any applicable law or regulation, including the TCPA, CAN-SPAM Act, or any state telemarketing law; (d) your violation of the terms of service of any third-party provider whose credentials you supply; or (e) any claim by a message recipient that they did not consent to receive messages from you.
13. Governing Law and Venue
These Terms are governed by the laws of the State of Wisconsin, without regard to its conflict-of-laws principles. Any action or proceeding arising out of or relating to these Terms or the Service must be brought exclusively in the state or federal courts located in Dane County, Wisconsin, and you irrevocably consent to the personal jurisdiction and venue of those courts.
14. General
These Terms, together with the Privacy Policy, constitute the entire agreement between you and InsertLead regarding the Service and supersede any prior agreements on that subject. If any provision of these Terms is held to be unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. You may not assign these Terms without our prior written consent; we may assign these Terms freely. These Terms do not create any agency, partnership, joint venture, or employment relationship between you and InsertLead.
15. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms at this URL and revising the “Effective date” above. Your continued use of the Service after an update constitutes your acceptance of the revised Terms.
16. Contact
Questions about these Terms should be directed to:
Lucas Zainer, d/b/a InsertLead
Email: jzainer56@gmail.com
State of organization: Wisconsin, United States
See also our Privacy Policy.