Lead LinQ provides customer relationship management (CRM) and automation solutions to help businesses streamline operations, increase client retention, and improve client satisfaction. These Terms govern your use of Lead LinQ’s software, services, and features (the "Services"). Lead LinQ is owned and operated by Limitless Enterprise Solutions Pty Ltd (ACN 676 566 760). All references to Lead LinQ include all related applications, dashboards, platforms, and websites operated by Lead LinQ.

This Terms of Service Agreement ("Terms", "Terms of Service", or "Agreement") constitutes a legally binding agreement between you ("Client", "you", or "your") and Limitless Enterprise Solutions Pty Ltd ("Lead LinQ", "we", "us", or "our") for the provision of Services.

By accessing or using the Services, or by clicking “I Agree”, you acknowledge that you have read, understood, and agreed to be bound by these Terms without limitation or qualification. If you do not agree to these Terms, you must not access or use the Services. If you are acting on behalf of an entity, you represent and warrant that you are authorised to bind the entity to this Agreement.

Your continued use of the Services will constitute acceptance of any amendments.

Our Services

Scope

We provide CRM, website and funnel design, automation, and advertising services through Lead LinQ. Specific Services available to you may vary over time.

No Guarantee

We do not guarantee any particular results, outcomes, revenues, or client acquisition from using the Services.

Temporary Interruptions

You acknowledge that temporary interruptions of the Services may occur. We are not liable for any delays, interruptions, loss of data, or system outages. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Services. Services available on the Website are provided “as is” and that we assume no responsibility for temporary interruptions to the Services or the timeliness, deletion, mis-delivery, interruption, or failure to store any user communications or personalization settings.

Service Modifications

We may modify, enhance, suspend, or discontinue any part of the Services at our sole discretion without notice including changes that may affect the previous mode of operation of the Services.

No Future Commitments

Purchase of Services is not contingent on the delivery of any future features, upgrades, releases, or enhancements.

Unlimited SMS

At Lead LinQ, we provide you with the ability to send unlimited SMS to your customer database.

This is a powerful tool — and with great power comes great responsibility.

To ensure fair, legal, and ethical use of messaging, the following policy applies to all customers using our platform:

Your Responsibility

You are solely responsible for the content, timing, and recipients of any SMS you send using Lead LinQ.

Lead LinQ is the platform provider — we do not create, review, or endorse the messages you send unless you have engaged us for Campaign Management services (see below).

You must ensure that your SMS communications comply with all relevant laws, including (but not limited to):

The Spam Act 2003 (Australia)

ACMA guidelines

Any applicable privacy or marketing regulations.

Campaign Management

If you engage and pay Lead LinQ for Campaign Management services, we will:

Write, manage, and send marketing SMS campaigns on your behalf.Work with you to ensure all messaging meets compliance and best practice standards.

You remain responsible for:

The accuracy of your customer lists,The lawful collection of customer consent,Any additional SMS you send yourself outside of the managed campaigns.

Consent Requirements

You must have clear and verifiable consent from recipients before sending them SMS messages. Consent must be freely given, specific, and informed. Maintaining proper opt-in records is your responsibility.

Opt-Out Compliance

All marketing SMS must include a clear way for recipients to opt-out (unsubscribe) from future communications.

Opt-out requests must be honored immediately, and those contacts must not be messaged again unless they opt back in.

During account set up, we will enable the automated opt out options and this will be handled for you when a customer replies with the keyword STOP, OUT or UNSUBSCRIBE. Lead LinQ are not responsible if you disable, modify or delete this automation.

Prohibited Content

The following types of content are strictly prohibited:

Illegal, misleading, or deceptive offers. Threatening, abusive, or harassing messages. Content related to illegal substances or activities. Sensitive information (e.g., health data, financial data) without explicit consent. Messages that impersonate another business without permission.

System Abuse

While messaging is unlimited, sending irrelevant, excessive, or spammy messages will not be tolerated. Lead LinQ reserves the right to: Monitor high-volume activity, Request clarification on campaign purposes, Suspend or terminate accounts if misuse is detected.

Liability Disclaimer

You agree to indemnify Lead LinQ and its partners against any claims, fines, or damages arising from your misuse of the platform or non-compliant messaging practices. This includes both self-managed and Lead LinQ-managed SMS unless negligence is proven on our part.

Best Practices Encouraged

Keep SMS short, clear, and valuable. Avoid sending during inappropriate hours (e.g., before 8 AM or after 8 PM local time).Personalize your messages where possible to maintain a positive relationship with your audience.

Fees and Payments

Set Up Fee

Dependent on the services provided, a non-refundable set up fee may be payable which is payable to us, upon execution of this Agreement.

Subscription Fees
You agree to pay a recurring Subscription Fee (monthly or annually) as communicated to you upon signing up. Fees will be automatically charged using your stored payment method until you cancel in accordance with this Agreement. You will be charged the Subscription Fee at the applicable then-current prices as published by us either monthly or annually (as nominated by you).

You acknowledge and agree that we (or our third-party payment processor) will store your payment information and automatically charge you on your subscription renewal date, until you cancel or we terminate your access to or use of the Services in accordance with this Agreement. By entering into this Agreement and electing to purchase our Services, you acknowledge that your subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your subscription.

Free Trial

If a free trial is offered, your subscription will automatically renew at the standard month-to-month rate unless you cancel before the end of the trial period. You may cancel the trial at any time by emailing [email protected]

Failed Payments

If a payment fails, we will retry once. If the second attempt fails, a Failed Payment Fee may be charged. Persistent failure will result in suspension of Services until full payment is made.

Invoices

If we are unable to process a payment, we may issue an invoice, payable immediately upon receipt. Interest at 2% above the prevailing cash rate applies to overdue invoices after 30 days.

Suspension and Enforcement

Access to Services will be suspended if payment fails after two attempts. You agree to pay all costs incurred by us in recovering overdue amounts, including legal fees and debt collection costs. We may report overdue debts to credit reporting agencies.

Fee Changes

We reserve the right to increase Fees. Notice will be provided at least 14 days prior to the change taking effect. Continued use of Services after the notice period constitutes agreement to the new Fees. If you do not accept the fee increase, you must cancel your subscription prior to the next subscription renewal date.

GST and Currency

All amounts are exclusive of GST unless stated otherwise. All payments must be made in Australian Dollars (AUD).

Term, Renewal and Termination

Automatic renewal of your subscription and cancellation:

Automatic Renewal

All subscriptions (monthly or annual) automatically renew unless cancelled by providing written notice to [email protected] at least 14 days prior to the renewal date.

Cancellation by Client

Cancellation becomes effective 14 days after written notice is received. Any and all fees paid to us during the term of this Agreement will be non-refundable, even if your subscription is cancelled by you prior to the end of the final month of your subscription.

Termination by Lead LinQ

We may terminate or suspend your access at any time, with or without cause. If terminated for your breach (including non-payment), no refunds will be issued.

Client Obligations

When using the Services, you must:

• Use the Services in compliance with all applicable laws.

• Protect your accounts, passwords, and all confidential information.

• Provide accurate and complete information at all times.
  

  Not misuse the Services, including by:

• Uploading unlawful, harmful, abusive, defamatory, or otherwise objectionable material.

• Engaging in unauthorised access, hacking, or disruption of the Services.

• Violating intellectual property rights.

• Transmitting viruses or malicious code.

• Soliciting Lead LinQ employees to cease their employment.

  We reserve the right to remove any material that breaches these rules.

You will not: Use any of the materials on Lead LinQ or Lead LinQ itself for commercial purposes without obtaining a license from us to do so; remove any copyright, trademark or other proprietary notices from any portion of Lead LinQ, reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit Lead LinQ except as expressly permitted by us; decompile, reverse engineer or disassemble Lead LinQ; link to, mirror or frame any portion of Lead LinQ; cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of Lead LinQ or unduly burdening or hindering the operation and/or functionality of any aspect of the Lead LinQ; or attempt to gain unauthorised access to or impair any aspect of Lead LinQ or its related systems or networks.

The phone number supplied as part of your Lead LinQ subscription is not transferable.

Intellectual Property

All intellectual property rights in Lead LinQ’s Services, software, trademarks, logos, content, designs, and all associated materials remain the exclusive property of Lead LinQ.

You are granted a limited, non-exclusive, non-transferable licence to access and use the Services for your internal business purposes only. You may not reproduce, distribute, modify, sell, or create derivative works based on Lead LinQ’s content unless expressly authorised in writing.

Any user customisation (branding, logos, colors) within Lead LinQ remains your responsibility for compliance with trademark, copyright, and other intellectual property laws. Lead LinQ is not liable for any user-created content or designs.

Disclaimers and Limitations of Liability

Disclaimers
The Services are provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Liability
To the maximum extent permitted by law, Lead LinQ and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities arising out of or related to your use of the Services, whether based on contract, tort, strict liability, or any other theory.

Cap on Damages
In any event, Lead LinQ’s total cumulative liability under this Agreement shall not exceed the total Fees paid by you in the 3 months preceding the event giving rise to the claim.

Third Party Services

Lead LinQ’s Services may integrate with, rely on, or be powered by third-party platforms, software, and providers, including but not limited to CRM, messaging, automation, and communication systems. You acknowledge that:

We do not control third-party services and are not responsible for their availability, functionality, accuracy, reliability, or continued operation. The availability of certain features or functionality of the Services depends on the continued availability of these third-party services. We make no guarantees regarding the continued access to or performance of any third-party service. If any third-party service becomes unavailable, restricted, or otherwise modified in a way that impacts our Services, we may modify, suspend, or discontinue the affected portion of the Services without notice, liability, or obligation to provide refunds, credits, or substitute services. Your use of third-party services is subject to the terms and conditions and privacy policies of those third parties, and we are not responsible for any damages or losses caused by third-party platforms.

You agree that the unavailability or modification of any third-party services will not entitle you to a refund, credit, or compensation of any kind.

General

Governing Law
This Agreement is governed by the laws of Western Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia.

Force Majeure
We are not responsible for delays or failures caused by events beyond our reasonable control.

Entire Agreement
This Agreement constitutes the entire agreement between you and Lead LinQ regarding your use of the Services and supersedes all prior agreements, understandings, or representations.

Amendments
We may update these Terms at any time. Continued use of the Services after updates constitutes acceptance of the revised Terms.

Severability
If any part of this Agreement is deemed invalid or unenforceable, the remaining portions shall remain in full force and effect.

Assignment
You may not assign your rights or obligations under this Agreement without our prior written consent.

Use of your name, logo and marks

Unless otherwise specified , you consent to Lead LinQ using your name, logo and marks to identify you as a Lead LinQ Client on Lead LinQ's website and other marketing materials. You can opt out of this via notification in writing.

Electronic Communication

When you register to use our Services, you must designate a primary email address that will be used for receiving electronic communication. To the extent that Lead LinQ maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilised by Lead LinQ for providing you notices pursuant to these Terms, as required by Applicable Law (as permitted) or generally regarding your Account(s) with Lead LinQ. We will NEVER send you emails requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from Lead LinQ, do not respond to the email and notify Lead LinQ by emailing us at [email protected]

Privacy & Security

Login Required

In order to access some of the Services on our Website, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Information”). You will have the ability to maintain and periodically update your Registration Information as you see fit. By registering, you agree that all information provided by you as Registration Information is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

Passwords & Security
If you register for an account on the Website, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. We will never ask you for your password.

Disclosure to Third Party Affiliates

The information we obtain through your use of the Website and our Services, including your Registration Information, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms. As outlined in and subject to our Privacy Policy (https://leadlinq.io/privacypolicy), you hereby grant us the right to disclose information about you to third parties.

Non-Transferability of User Account
User Accounts are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorised users from accessing the Website with his or her password.

Warranties, Limitation of Liability and Indemnity

To the fullest extent permitted by law:

Lead LinQ makes no warranties, express or implied, regarding the performance, merchantability, fitness for purpose, accuracy, reliability, or availability of its Services or Website. You use our Services and Website entirely at your own risk. We are not liable for any loss, damage, costs, or expenses, whether direct, indirect, incidental, consequential, punitive, or otherwise, including loss of profits, business, data, goodwill, or reputation, arising from or related to your use or inability to use our Services, Website, or any third-party services or websites linked through us. We do not guarantee uninterrupted, error-free, or secure operation of our Services or Website, nor any particular outcome, increased revenue, or performance improvement. We may modify, suspend, or discontinue any part of the Services or Website at any time without notice and accept no liability for doing so. Any dealings you have with third parties through our Services or Website are solely between you and the third party. We disclaim all responsibility for third-party goods, services, or transactions. Links to third-party websites are provided for convenience only; we accept no responsibility for their content, operations, or any loss arising from your use of them.

By using our Services or Website, you agree to indemnify and hold harmless Lead LinQ, its directors, employees, and affiliates from any claims, damages, liabilities, and expenses (including legal fees) arising out of your use or misuse of our Services or Website.

Last Updated 28th April 2025