Last Updated: January 14, 2026
These Terms of Use (“Terms”) govern the relationship between WEB Project s.r.o. ID No.: 28596935, registered seat at Dlouhá 730/35, Prague 1 - Old Town, 110 00, the Czech Republic, incorporated in the Commercial register maintained by the Municipal Court in Prague, section C, file 306366 (hereinafter referred as "Leadspicker," "we," or "us") and any entrepreneurial natural or legal person (hereinafter referred to as the “Client” or “you”) who has subscribed to Services (as defined below) offered by Leadspicker through the website www.leadspicker.com (Leadspicker and Client referred individually as a “Party” and collectively as the “Parties”). Only entrepreneurs and professionals can be Clients. Persons under the age of 18 cannot be Clients.
The Client explicitly agrees to the Terms, having read, comprehended, and unconditionally accepted them by completing registration, i.e. by authorizing via Google or Microsoft account, or by creating an account using email address and password on the website www.leadspicker.com, or by accessing or using the Services or accepting these Terms of Service in any other way. Failure to do so will result in the Client being unable to access or use Services. The Terms also include the Privacy Policy, which is available at https://www.leadspicker.com/privacy-policy
I. Definitions
These terms have the following meaning:
“Authorised user”- the individual who has been expressly identified and granted permission to access the Services. Said individual may assume the role of an employee, manager, subcontractor, agent, and/or service provider of the Client, and holds a valid account on the Website.
“CRM Data” - any Output data that Leadspicker expressly and unambiguously agrees may be synced with and added to Client’s management systems.
“Fees” - the monetary compensation that the Client owes to Ledspicker as consideration for the privilege of utilizing the Services in alignment with the chosen subscription package.
"Free Trial” - limited period during which Leadspicker may offer some or all of the Services free of any Fees and subject to usage restrictions, as determined by Leadspicker in its sole discretion. There can only be one Free Trial per Client.
“Order Form” - an order form provided to the Client by Leadspicker containing the essential elements and other details of the contract concluded between Parties. The conclusion of the contract via the order form applies only to Subscription “Enterprise”.
“Output Data”- means any data generated, returned or made available to the Client by us as a result of providing Services to the Client. Output Data includes in particular (a) Submitted Data that has been updated, enriched or otherwise modified as a result of providing Services to the Client (for example by providing updated contact details, employer information or other professional attributes), (b) campaign, messaging and activity data (including send, delivery, open, reply and bounce events, message logs and scheduling information); Output Data can be made available to the Client via the Website, by e-mail, via API or by any other technical means agreed by the Parties and may include CRM Data..
“Privacy Policy” - the agreement that pertains to the processing of personal data by Leadspicker, on behalf of and in the interest of the Client. The aforementioned agreement shall be made available at the following URL: https://www.leadspicker.com/privacy-policy.
“Services” - mean the proprietary, cloud-based software-as-a-service platform provided by Leadspicker to the Client under these Terms to the extent corresponding to the relevant Subscription, accessible via the Website or any other interface designated by Leadspicker (including any associated web application, browser extension, integrations, application programming interfaces (APIs) and webhooks). Services enable Clients, depending on their Subscription, to (i) store, manage and enrich prospect and customer data, (ii) create, send, schedule and manage multichannel outbound campaigns, including but not limited to email outreach and LinkedIn (or other supported social network) outreach, (iii) track and analyze campaign and communication activity and related events, and (iv) configure automated workflows, triggers and actions across supported channels and integrated third-party tools. The specific features and usage limits of the Services available to a Client are determined by the applicable Subscription as described on the Website or in the relevant Order Form. The Services expressly exclude any third-party services, websites, applications, content or features that are owned or operated by third parties, even where they are accessed or used by the Client in connection with the Services. As an outcome of Services Client shall be provided with Output Data.
“Submitted data” - means any and all data or content that the Client (or its Authorized Users) uploads, submits or otherwise makes available to us in connection with provision of Services, or instructs Leadspicker to collect or process on Client’s behalf.
“Subscription” - shall refer to one of several distinct subscription plans for the Services, as elaborated upon in detail at https://www.leadspicker.com/pricing. Access to the Services is subject to compliance with the terms and conditions of the applicable subscription plan selected by the Client.
“Website” - available at the following URL: www.leadspicker.com
II. Opening statements
1. Leadspicker is providing Services specified in these Terms to Clients. These Terms form an integral part of each contract between Leadspicker and the Client (hereinafter only as the “Contract”) and shall prevail over any general terms and conditions of the Client or any other standard form documents, unless the Parties expressly agree otherwise in writing. Mandatory provisions of applicable law remain unaffected.
2. Contracts are concluded as follows:
(a) Online sign-up / payment link. For Subscriptions other than “Enterprise”, the Contract is concluded when the Client (i) provides the required registration and billing information, (ii) selects a Subscription or otherwise confirms an order for the Services (including where Leadspicker prepares the order on the Client’s behalf and provides the Client with a payment link), (iii) accepts these Terms, and (iv) successfully pays the applicable Fees via the payment method made available (such as online card payment through our payment provider or bank transfer). The Contract is deemed concluded at the moment the payment is successfully processed or, in case of bank transfer, when Leadspicker confirms activation of the Services to the Client (for example by enabling access to the Services or sending a confirmation email).
(b) Enterprise Subscription. For the “Enterprise” Subscription, the Contract is concluded when both Parties sign, or otherwise validly accept (including by electronic signature or written email confirmation), the relevant Order Form which refers to these Terms. In case of the “Enterprise” Subscription, we can also agree on a service level agreement.
3. Changes to Subscription (upgrades, downgrades, add-ons). The Client may request changes to its Subscription (such as upgrades, additional seats, features or discounts) via the Website, by email or via any other communication channel agreed by the Parties. Leadspicker may rely on such requests if they reasonably appear to originate from the Client or its authorised representatives. By keeping a valid payment method on file and requesting such changes, the Client authorises Leadspicker to update the Client’s Subscription and charge the stored payment method for the corresponding Fees in accordance with these Terms and the updated Subscription. The change to the Subscription is considered complete once payment has been made.
4. Leadspicker reserves the right not to enter into a Contract with a particular Client or change a Subscription at its sole discretion. Contracts are concluded in English.
5. The Client hereby undertakes to adhere to all provisions of these Terms and the Contract. In case the Client is a legal person, the representative of such Client declares his authority to accept these Terms and conclude the Contract on behalf of the Client. By accepting these Terms or by signing the Order Form the Client acknowledges that the Contract has been concluded comprehensibly and clearly in accordance with their solemn and unrestricted will, not under any duress or conspicuously disadvantageous conditions.
6. Leadspicker is obligated to provide Services based on the Contract and the Client undertakes to pay the stipulated Fees to Leadspicker if required by the Contract.
7. Leadspicker shall create user’s account to every Client upon registration (hereinafter referred to as “user´s account”). User’s account shall be accessible via Website and can be used in order to manage Client’s data, change user’s settings and also preferences regarding provided Services. Authorization can be performed via Google or Microsoft account, or by creating an account using email address and password. Authorization information shall be included in the confirmation e-mail sent to the Client upon registration. Access to the user’s account is secured by the user’s ID and a password or via the sign with the Google or Microsoft account. The Client is obligated to hold the authorization information to access user’s account confidential.
8. Leadspicker hereby declares that the Services are developed and maintained by members or employees of Leadspicker and that Leadspicker is entitled to grant a license pursuant to these Terms. All rights to the Services are reserved to and owned by Leadspicker or its members. Leadspicker declares that rights of third parties have not been harmed in any way in connection with development and maintenance of the Services.
9. Under the Terms, Leadspicker hereby grants to the Client a non-exclusive, worldwide, and non-transferable and non-sublicensable license to limited access and use of the Services in the extent and manner specified in these Terms (hereinafter only as the “License”). The License is granted to the Client in order to access the Services and use the Output Data for internal purposes only. The Client undertakes to exercise rights according to these Terms in compliance with these Terms, legislation and fair business practice.
10. The Services can be accessed and utilized based on the Subscription by individuals authorized by the Client, referred to as "Authorized Users" which may include the Client's employees, affiliates, and contractors who act on the Client's behalf. The Client remains accountable for ensuring that these Authorized Users comply with the Terms. The Client will designate an individual Authorized User's account from the authorized group of Authorized Users to function as the administrative account for the Services.
11. The extent of the Services use is limited to usage limits (based on the Subscription) granted by Leadspicker. Usage limits are determined solely by Leadspicker based on Subscriptions. Leadspicker reserves the right to refuse to provide Services if it suspects misuse of the Services or use of the Services by the Client in violation of good morals. In such a case, the Client is not entitled to any compensation.
III. Subscription fees
1. Leadspicker reserves the right to offer the Services on a Fees basis, which may include periodic monthly, quarterly or annual subscriptions, personalized services, and payment provisions. In the event that the Client and Leadspicker agree on Subscription “Enterprise”, a separate Contract based on the Order Form will be entered into.
2. Unless otherwise stipulated, the following conditions shall govern any Services that Leadspicker provide to the Client for which a Fees are charged:
● The Services shall be available by concluding of the Contract and upon payment of the Fees. Client acknowledges and accepts liability to remit the applicable Fees outlined therein, according to the specified timeline set forth on the Website or in the Order Form. Leadspicker retain the sole right, at its discretion, to modify or augment the Fees at the conclusion of any calendar year or at the end of a term mentioned on the Website or in an Order Form, and shall notify the Client by written notice (which may include email or another conspicuous method) of any such changes.
● The Services shall be provided for period of time according to billing cycle chosen by the Client or specified in the Order Form and shall renew automatically for subsequent periods identical to the duration of the initial term upon further payment of the Fees for the upcoming period.
3. Besides the Free Trial Leadspicker must receive complete payment before commencement of provision of Services by payment method enabled on the Website. If the Client pays online via credit or debit card, he or she agrees to be bound by Stripe, Inc.’s terms of service, available at https://stripe.com/us/legal, and privacy policy, available at https://stripe.com/us/privacy each as may be updated from time to time.
4. The Leadspicker is also entitled to offer different types of subscriptions which will not be available on its Website (hereinafter referred to as “special Subscription”). Client hereby acknowledges that the providing special Subscription is solely based on Leadspicker´s consideration. The special Subscription can be purchased upon request by the Client and needs to be approved by Leadspicker.
5. If Client does not want to pay by credit or debit card, the Leadspicker can also issue an electronic invoice for the Client with the Fees due. The Client must pay the invoice by the due date indicated on the invoice.
6. The Subscription will renew unless canceled before end of the period of time according to billing cycle. Subscription renewals happen with Leadspicker’s most up-to-date pricing.
7. To subscribe to any component of the Services, the Client will need to add one or more payment methods to his or her user´s account. Prices, descriptions or availability of Services are outlined on the Website and are subject to change without notice.
8. The Leadspicker may offer discounts or provide special offers for the purchase of Services. Any such offer or discount shall always be subject to the eligibility criteria, the Terms and solely on the discretion of Leadspicker. Repeated or recurring offers or discounts create no claim/title or right that Client may enforce in the future.
9. The Subscription does not include the cost of equipment and internet access enabling use of the Services, the costs of which shall be borne by the Client.
10. Client may upgrade or downgrade a Subscription at any time by selecting a new Subscription. Subscription upgrades will be effective immediately and Client’s payment method will be charged for the difference in price between the existing Subscription and the new Subscription for the remainder of the then-current Subscription term. Subscription downgrades will be effective after expiry of the previous period of time. Changes to Subscriptions and related payments are governed by Article II, paragraph 3 of these Terms.
11. Free Trial is permitted solely for the Client's use to determine whether to purchase a paid Subscription of the Services. Free Trial may not include all functionality and features accessible as part of a paid Subscription. If the Client does not enter into a paid Subscription, this Contract and the Client's right to access and use the Services will terminate at the end of the trial period. The Leadspicker has the right to terminate a Free Trial at any time for any reason. Notwithstanding anything to the contrary in this Contract, the Leadspicker will have no warranty, liability, indemnity, support, or other obligations with respect to Free Trial. After the Free trial ends, we reserve the right to delete Submitted Data and Client’s user’s account if the Client does not select and pay for a Subscription.
IV. Client´s obligations
1. The Client is solely responsible for the accuracy, content, and legality of all Submitted Data. The Client represents and warrants to the Leadspicker that the Client has all necessary rights, consents, and permissions to collect, share, and use all Submitted Data as contemplated in this Contract and that no Submitted Data will violate or infringe (i) any third party intellectual property rights or publicity, privacy, or other rights, (ii) any laws, or (iii) any terms of service, privacy policies or other agreements governing Client's accounts with any third party websites. The Client further represents and warrants that all Submitted Data complies with this Contract. The Client will be fully responsible for all Submitted Data by any person as if it was submitted by the Client.
2. The Client agrees to comply with all applicable laws in its use of the Services. Without limiting the generality of the foregoing, the Client will not engage in any unsolicited advertising, marketing, or other activities using the Services, including without limitation any activities that violate the applicable laws or this Contract.
3. The Client is also solely responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access, or use the Service, including but not limited to modems, hardware, servers, software, operating systems, networking, web servers, and telephone services.
4. The Client must ensure that their equipment is compatible with the Service and meets all configurations and specifications detailed in our technical requirements, policies, notices, or information.
5. In order to use Services to the full extent, i.e. in order to send and track replies, the Client must allow access to an email account and grant us the required rights to the extent necessary.
6. The Client undertakes to comply with the Leadspicker Sending Policy available on the Website that forms a part of these Terms (see https://www.leadspicker.com/sending-policy). The Client in particular acknowledges that they have been informed that in the event of a breach of these principles or if we receive an unusual number of complaints, the Leadspicker is entitled to terminate the Client’s Subscription and/or close the Client’s user’s account, in which case the Client will not be entitled to a refund or compensation.
7. The Leadspicker reserves the right to temporarily restrict sending of messages within provision of Services to the Client, i.e. the number of emails and other messages sent will be limited, however, the Client will be still obligated to pay contractually agreed fees, and the Client will not be entitled to a refund or compensation. Furthermore, the Client will be obligated to take the necessary measures to ensure that their practices comply with our policies and requirements. Once the Client has taken appropriate measures, the restriction will be lifted.
V. Data protection
1. Within a framework with these Terms, Leadspicker is required to process personal data, such as names, email addresses, business titles or phone numbers of contacts or other persons, on behalf of the Client. This establishes Leadspicker as a processor, with the Client assuming responsibility for collecting and processing the aforementioned personal data.
2. To get more information about processing your personal data, please see our Privacy Policy, which can be accessed at https://www.leadspicker.com/privacy-policy
3. By agreeing to these Terms, the Client hereby grants Leadspicker a perpetual and irrevocable license to access and use the Submitted Data in aggregated form. Leadspicker will use this data to provide, develop, and improve its Service and data assets, not make any public reference to the Client or the Client’s company in relation to the Submitted Data, or use the Submitted Data in any way that would breach any contracts or laws.
4. The Client agrees that Leadspicker may create derivative works, data models, or modelled data sets with the Submitted Data, and Leadspicker will own those derivative works (but not the Submitted Data itself, which will remain distinct from those works). Examples of derivative works may include aggregated or modelled data sets that combine data from multiple sources to form a new or different type of data set, or using multiple sets of Submitted Data to derive data analytics about specific industries, buyers, or industry prospects.
5. The Client retains full ownership of Submitted Data. The Client hereby grants Leadspicker a non-exclusive license solely to transmit, store, copy, modify and process Submitted Data to the extent necessary to provide the Services, and for no other purpose.
6. All of the aforementioned licenses granted to Leadspicker are non-exclusive, perpetual, royalty-free and worldwide. Leadspicker also has the right to sublicense, assign, or transfer these licenses at its discretion.
7. The Client warrants and represents that the Submitted Data is accurate, truthful, and pertains to living individuals.
8. Leadspicker reserves the right to establish and display additional rules or policies pertaining to the use of the Services, including any portal through which data is submitted or received. These rules or policies are incorporated into these Terms by reference, and the Client agrees to abide by them.
9. By agreeing to these Terms, the Client agrees to the data processing agreement, which is part of these Terms. You can request us to sign the data processing agreement at any time by contacting our data protection officer at info@leadspicker.com.
VI. Data security
1. Leadspicker will keep Submitted Data in strict confidence, using such degree of care as is appropriate for Client company’s size and complexity, the nature and scope of its activities, and the sensitivity of Submitted Data.
2. Leadspicker will implement, maintain, and follow reasonable, industry-standard technical and organizational measures to secure and protect Submitted data, in compliance with all applicable laws, rules, and regulations, including, but not limited to, those relating to data protection and privacy. Leadspicker will not process Submitted Data except in accordance with the “Data protection” Article and the Privacy Policy. Client understands and agrees that all data will be transmitted directly to and hosted by OVH Cloud (or any subsequent cloud hosting provider (hereinafter referred to as the “Hosting Provider”). Upon request by the Client, Leadspicker will provide, without charge, copies of any, including the most recent versions of all, third-party audit or compliance certificates for the Hosting Provider that are available to Leadspicker and are allowed to be shared with third parties. The Submitted Data will be stored and maintained in accordance with the Hosting Provider’s applicable terms and conditions. Leadspicker makes no guarantees as to the availability of the Hosting Provider’s services.
3. If either Party suspects that there may be or has been unauthorized access or use of any Submitted Data or materials relating to the Services (hereinafter referred to as a “Security Breach”), that Party will promptly notify the other Party with confirmation of such notification in writing. Each Party will take such actions and measures as may be reasonably necessary or appropriate to mitigate, or protect against, any loss, liabilities, or damages to the Client or Leadspicker (including preventing any further Security Breach) and will keep each other reasonably informed of all material developments in connection with such Security Breach.
4. Except as provided for herein, Leadspicker will have no responsibility for making or retaining back-up copies of Submitted Data. In the event of any loss of or damage to Submitted Data hosted by or on behalf of Leadspicker, Leadspicker will use reasonable efforts to restore such lost or damaged Submitted Data from the latest back-up of such Submitted Data. Upon written request, Leadspicker will return or destroy all Submitted Data in Leadspicker's possession within 30 days from the date of such request, and thereafter, if the Client requests in writing, will certify such return and/or destruction to the Client.
VII. Fair Usage Policy
1. Services are provided under a fair use policy in order to prevent potential abuse. When the Client uses the Services, he or she shall be responsible for usage of the Services and shall limit his or hers accounts connected to a reasonable volume. Details of the fair usage policy are available on the Website and form part of these Terms (see https://www.leadspicker.com/fair-usage-policy).
2. The Leadspicker reserves the right, at its sole discretion, to take any necessary action to address any improper use to protect the quality and efficiency of its Services, including immediate termination user´s account from using the Services without any further prorated refund and without any liability for the Leadspicker.
3. The Leadspicker reserves the right to refuse to provide Services to a Client if one Subscription is used to access Services by multiple entities. Especially in the case of the "Explorer" Subscription, we reserve the right to refuse to provide further Services if the Client or their Authorized user allows other entities to use the Services in any way. The Leadspicker also reserves the right to refuse to provide Services:
a. if the Client or their Authorized user uses the Services to promote the following activities, whether permitted by law or not, including the following but not limited to: gambling, sexual, adult content, weapons and any explosives, tobacco or tobacco-related, drugs, political, hacking, penny stocks, forex trading and trading advice, payday loans, lead sales and work-at-home offers promoting schemes such as “get rich quick”, “build your wealth” and “financial independence”, and
b. to Clients who send e-mails in the name and on behalf of third parties.
The Client shall not be entitled to a refund or compensation in such cases.
4. The Client is not entitled to provide Services or use the Leadspicker's tools within their own products without the Leadspicker's prior written consent. In particular, Clients are not entitled to combine the Services or Leadspicker's tools with their own products or products of third parties. In the event of a breach of this obligation, the Leadspicker reserves the right to refuse to provide Services to such Client. Such Client shall not be entitled to a refund or compensation.
VIII. AI
1. Clients may provide input to be processed by AI functionality (“Input”), and receive output generated and returned by the AI functionality based on the Input (“Output”). Inputs may include Submitted Data. Client must ensure that Inputs and use of the AI functionality or any Output does not violate any laws or agreements applicable to Client. Client is solely responsible for the development, content, operation, maintenance and use of any Input or Output. Due to the nature of AI and machine learning, an Output may not be accurate or reliable and Client should independently review all Output prior to using or sharing the Output. Leadspicker does not provide any guarantee of accuracy.
2. AI and machine learning models can improve over time to better address specific use cases. Client may not use AI functionality to mislead any person that Output from the AI functionality was solely human generated. Due to the nature of machine learning and the technology powering the AI functionality, Output may not be unique and AI Functionality may generate the same or similar output to other services. Client acknowledges that certain elements of the AI functionality are powered by third party AI service providers (“AI Service Providers”) and agrees that Leadspicker may share Inputs and Outputs (including Submitted Data) with AI Service Providers, to facilitate the provision of AI functionality.
3. Client may not use AI Functionality in a manner that violates any terms, applicable laws or any policy of any AI Service Provider. Client agrees that Leadspicker shall not be liable for any acts, errors, omissions or breaches committed by AI Service Providers in connection with the provision of AI functionality or Services.
IX. Proprietary rights
1. It is hereby acknowledged that all rights, title, and interest in and to the Services and Website, inclusive of patents, copyrights, trademarks, trade names, service marks, trade secrets, and any other intellectual property rights, along with any goodwill linked to the Website and Services, are owned by Leadspicker. Specifically, Leadspicker holds ownership over any design or product features inherent in the Website and Services, including the organization, curation, presentation, and delivery of data, as well as any know-how or other intellectual property intrinsic to the Service's creation, provision, display, or availability. Furthermore, the trademarks of Leadspicker, including Leadspicker names and logos, are proprietary and may not be copied, imitated, or used, in whole or in part, without the prior written consent of Leadspicker.
2. These Terms do not confer upon the Client any right of ownership, title, or interest in any of the aforementioned intellectual property. Consequently, the Client is prohibited from using the Output Data to create any derivative work, service, or product, and may not resell or re-license the Output Data in any manner or form.
3. By using the Service, Client expressly authorize Leadspicker to use, reproduce, and distribute his or hers trademarks, logos, symbols, trade names and graphics, images, and videos according to his or hers instructions. The Client grant Leadspicker a non-exclusive, worldwide, royalty-free, irrevocable, non-licensable and non-transferable license to copy, modify, prepare derivative works of, distribute, publish, and otherwise exploit such content according to the needs of the Service performance.
4. Client hereby understands and accepts that Leadspicker does not examine, verify, or warrant the legality, ownership, veracity or accuracy of any communications or other contents provided by Client or any third parties through the Service, and that Leadspicker does not assume any responsibility for any content made available according to Client´s instructions.
X. Termination
1. Leadspicker reserves the right to terminate Services immediately where the Fees has not been paid duly.
2. The Contract is concluded for the term stated on the Website or in the Order Form. The Contract terminates upon expiry of the stipulated term.
3. The Contract can be terminated by a withdrawal delivered to the other contracting Party in case the other contracting party is in material breach of the Contract, especially in case of any breach of these Terms. In the event of such termination, the Fees are non-refundable. All provisions of these Terms that by their nature should persist termination of the Contract will persist its termination, including without limitation, provisions relating to accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
4. For all Subscriptions except for Subscription “Enterprise”, cancellation of Subscription must be made no later than before the expiry of the Subscription period, before the next recurring billing date to avoid being charged. Payments are non-refundable. However, upon cancellation, the Client may choose to have access to the Services through the end of the current billing period.
5. Upon expiration of a Free Trial, the user´s account will be deactivated and Client cannot use the Services unless the Client pays the Subscription’s Fees in advance.
6. Leadspicker reserves the right to terminate the Contract at any time with thirty (30) days’ prior notice, and in the event of termination without cause, Leadspicker will refund any pro-rata prepaid Fees for Services not yet provided.
XI. The Service changes
1. Leadspicker reserves the right to modify the features and functionality of the Website and provide modified Services, which may involve adding, modifying, or removing any aspects of the Services. The revised version of the Services will be governed by the Terms.
2. Leadspicker also retains the right to temporarily or permanently suspend the Services for scheduled maintenance or for unscheduled emergency maintenance, either by Leadspicker or third party providers, or due to other causes beyond Leadspicker's reasonable control. However, Leadspicker will use reasonable efforts to provide advance notice of any scheduled service disruption by means of written notice or email. It should be noted, however, that Leadspicker does not warrant that the Services will be uninterrupted or error-free, nor does it guarantee any specific results that may be obtained from the use of the Services.
3. In using the Services, the Client should be aware that sensitive information will be transmitted through third party infrastructures or third party products, which are not under the control of Leadspicker. As such, Leadspicker makes no warranty to the Client with respect to the security of such third party infrastructures or third party products. Except as expressly provided for in this section, the Services are provided on an "as is" basis, and Leadspicker disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose, accuracy, and non-infringement.
XII. Liability
1. To the extent that applicable law permits, Leadspicker nor its suppliers will be liable to the other for:
● any special, indirect, exemplary, punitive, incidental, or consequential damages of any nature, or
● for any amounts that, together with amounts associated with all other claims, exceed the Fees paid by the Client to Leadspicker for the Services under these Terms in the twelve months prior to the act that gave rise to the liability. This applies regardless of the cause of action or the theory of liability, even if a party has been notified of the likelihood of such damages,
● for any damage or harm caused to the Client in connection with contacts made with the third parties, or in any other way incurred in relation to provision of Services by the Client according to these Terms.
2. The Client undertakes to adhere to these Terms and relevant legislation while making use of the Services. The Client hereby declares that no rights of the third parties will be violated by using the Services pursuant to these Terms.
3. Leadspicker is not liable for any flaws within the data transfer, or any other flaws caused by vis maior.
4. Services are provided “as is” and “as available”. Please note that Leadspicker is actively developing new features and products to improve Services. As part of these efforts, we may add or remove features, start offering new Services, or stop offering some Services entirely (or just in some places or for some Clients) if they no longer make sense from a business perspective or create risk for Leadscpicker, our Clients, or other third parties.
5. Leadspicker does not guarantee the accuracy, completeness, or usefulness of the Services, and Client relies on the Services at his or hers own risk. Any material that Client accesses or obtains through Services is done at his or hers own discretion and risk and Client will be solely responsible for any damage to his or hers computer or loss of data that results from the download of any material through Services.
6. The information presented on or through the Services is made available solely for informational purposes. Leadspicker does not confirm the accuracy, completeness, or usefulness of the information. Any reliance Client places on such information is solely at his or hers own risk.
7. If the Client uses APIs or other third-party tools, the Leadspicker shall not be liable for these tools and shall not bear any costs associated with them. All costs related to these third-party applications or other costs associated with the Client's user behavior shall be borne solely by the Client.
XIII. Indemnity
1. Client hereby releases and discharge Leadspicker, its officers, directors, employees, agents, and successors from any and all claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from his or hers usage of the Services.
2. Client agrees to indemnify, defend and hold Leadspicker and its officers, agents, employees, advertisers, licensors, suppliers, or partners harmless from any actual or threatened claim, damage, cost, expenses, liability, loss, damage, suit, judgment, and lawyers’ fees in connection with Client´s breach of these Terms, misuse of the Service, violation of applicable laws, rules, regulations, or third party rights, or any acts or omissions implicating publicity rights, defamation, or invasion of privacy in connection with Client´s use of the Services or the Submitted Data.
3. Client may not settle any indemnification claims in a manner that imposes any obligation upon Leadspicker, without our prior written consent. Leadspicker reserves the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by Client and, in such case, Client agrees to cooperate with us in the defense of such matter.
XIV. Confidentiality
1. The Parties hereby undertake to keep confidential all matters and information related to or learned in connection with these Terms, including all documents, data and information (hereinafter referred to as “Proprietary Information”), except of any disclosure thereof necessary for performing their duties under the terms of these Terms. Leadspicker’s Proprietary Information comprises of confidential details related to features, functionality, and performance of the Services. The Client’s Proprietary Information consists of confidential Client’s Submitted Data that are not publicly available.
2. The Parties agree that the provisions of this article persist even after the termination of these Terms and terminate after 10 years from termination of these Terms.
3. Provisions pursuant to this article shall not relate to:
● information which is or which shall become publicly available, whereas these Terms are not breached;
● information, which the Party obtained from a third party, without having established any other confidentiality obligation towards such a third party, and where such a third party does not breach confidentiality obligation regarding such information;
● information approved to be released by a prior written approval of the other Party;
● information distributed to the co-operating persons of Parties and their consultants within the performance of the obligations arising from these Terms and bound by contractual or legal obligation of confidentiality.
4. The Client shall possess and maintain all right, title, and interest, including intellectual property rights, in and to the Submitted Data. However, except for any of the Submitted Data, including data or information inferred or derived directly from the Submitted Data, Leadspicker shall exclusively possess and maintain all right, title, and interest in and to:
● the Services and all improvements, enhancements or modifications thereto;
● any software, applications, inventions, or other technology developed or used by Leadspicker in connection with the Services or support; and
● all intellectual property rights associated with any of the aforementioned.
5. Notwithstanding anything to the contrary set forth herein, Leadspicker and its licensors reserve the right to collect, compile and analyze statistical and other information related to the performance, operation, and users' use of the Services, as well as data related to identifiable users' usage of features and functionality within the Services (hereinafter referred to as "Usage Data"). The Usage Data collected will be used solely for the purposes of:
● billing,
● implementing, operating, maintaining, and improving the Services, and fulfilling its obligations under these Terms, and
● creating statistical analyses, conducting research and product development, and producing aggregated and anonymized data (as defined by any applicable privacy law) that cannot be reidentified to a natural person. If Leadspicker discloses any Usage Data to third parties for these purposes, it will do so in a manner that does not identify or reidentify the Client or its users.
6. During the term of the Contract, the Client may provide Leadspicker with feedback concerning the Services or other comments and suggestions for new products, features, or improvements (hereinafter referred to as "Feedback"). With the exception of the Submitted Data, the Client acknowledges that Leadspicker will own all right, title, and interest in and to the Feedback, and the Client hereby irrevocably transfers and assigns to Leadspicker all of its right, title and interest in such Feedback, including all intellectual property rights therein. All Feedback provided by the Client to Leadspicker shall be provided on an "as is" basis with no warranty. For the avoidance of doubt, under no circumstances will Submitted Data constitute Feedback under these Terms. The Client is not obligated to provide Leadspicker with any Feedback under these Terms.
7. Upon termination or expiration of the term of the Contract, the Client shall promptly return to Leadspicker all Proprietary Information obtained under the Terms, regardless of their medium. The Client is strictly prohibited from retaining any copies thereof in any form, unless with the explicit written consent of Leadspicker.
XV. Third Party services
1. Leadspicker may allow Client to access apps, bots, or other products, features, or services developed by third parties (hereinafter referred to as “third party services”). It’s Client´s choice whether to use these third party services and whether to participate in the tools that incorporate them. Client should review any terms and policies provided by the third parties before doing so as they govern Client´s use of their services. While these third parties do need to follow all policies that apply to them (which may include these Terms), Leadspicker is not responsible for any third party services.
2. Client is solely responsible for: (i) procuring any and all rights necessary (a) for Client and applicable Authorized Users to access third party services, (b) to enable Leadspicker to access and use third party services on Client’s and its Authorized Users’ behalf in accordance with the performance of Services hereunder; and (ii) complying with any terms or conditions applicable to the use of third party services.
3. Leadspicker is not responsible for the operation of any third party services, nor the availability or operation of the Services to the extent such availability and operation is dependent upon third party services. Leadspicker makes no representations or warranties of any kind with respect to third party services. Any exchange of data or other interaction between Client and third party services is solely between Client and such third party, and is governed by such third party’s applicable terms and conditions. By authorizing Leadspicker to transmit Submitted Data from third party services using Services, Client represents and warrants to Leadspicker that it has all right, power and authority to provide such authorization.
4. Where Website contains links to other sites and resources provided by any third parties, these links are provided for Client´s information only. Such links should not be interpreted as approval by Leadspicker of those linked websites or information Client may obtain from them. Leadspicker have no control over the contents of those sites or resources.
5. Leadspicker may provide third party services through external websites only as a convenience and we do not review, approve, monitor, endorse, warrant, or make any representations with respect to those websites, or their products or services. All third party websites are used by Client at his or hers own risk.
6. Leadspicker is not liable for the acts or omissions of any third party websites, nor Leadspicker will be liable for any damage that Client may suffer as a result of his or hers transactions or any other interaction with it based on using Services.
XVI. Consumer Information
1. Unless any applicable exception is mentioned below, Clients who are European consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification. Clients that do not fit this qualification, cannot benefit from the rights described in this section. It only applies to Clients who enter into the Terms with Leadspicker as natural persons outside of their entrepreneurial activities or exercise of their independent professions.
2. According to this article, the Client has the right to withdraw from the Terms within 14 days after the delivery of the first information related to the subject matters of these Terms from Leadspicker, without stating any reason. To withdraw from the Terms, the Client must complete and send Leadspicker a form of notice on termination to the email address info@leadspicker.com. Leadspicker is required to confirm receipt of the form without delay via email.
3. In case the Client withdraws from the Terms after already receiving fulfilment, the exchange is non-refundable. Leadspicker does not receive any payments from the Clients according to the Terms. Therefore, there are no refunds to Clients. The Client will not be required to make any payments to Leadspicker in case of withdrawal.
4. Furthermore, the Client agrees that Leadspicker shall provide its services to the Client even during the notice period.
5. In the event of a dispute between the Client (consumer) and Leadspicker, the Client may pursue alternative, out-of-court dispute resolution. The Client can contact the respective body to provide out-of-court dispute resolution, which in the Czech Republic is “Česká obchodní inspekce” (http://www.coi.cz) and must proceed in accordance with the rules therein. More information on out-of-court dispute resolution can be found on the webpage of “České obchodní inspekce”. To initiate alternative dispute resolution, the consumer may use the online form available at https://webgate.ec.europa.eu/odr/.
XVII. Governing law & Disputes
1. If not stated otherwise (GDPR and Consumer Information), these Terms shall be governed by the laws of the Czech Republic, without regard to its conflict of law principles.
2. In any dispute arising under these Terms, the prevailing party shall be entitled to recover its reasonable costs and expenses incurred in enforcing these Terms, including reasonable attorney fees. In the event of any controversy or claim arising out of or in connection with this Contract, or a breach thereof, the Parties agree to use the following procedure. The Parties shall first attempt to settle the dispute by good faith discussion. Most disputes can be resolved informally, so if you have an issue with the Services, you agree to reach out to us before initiating a lawsuit. This requires sending Leadspicker a written description of the dispute (including your name, what you’re complaining about, and how you’d like to resolve it) along with the email address or phone number associated with your user´s account to info@leadspicker.com
3. If the dispute is not resolved within sixty (60) days after receipt of the written notice, you and Leadspicker agree to resolve any remaining dispute through the further dispute resolution provisions below.
4. The Parties consent and submit to the exclusive jurisdiction and venue over any action that may arise out of or in connection with this Contract in the courts located in Prague, Czech Republic.
5. For the disputes arising from GDPR and regarding Article called “Consumer Information” shall be finally settled in District Court in Prague 1 (Obvodní soud pro Prahu 1) in the Czech Republic, if the district courts have subject matter jurisdiction, or in Municipal Court in Prague (Městský soud v Praze), if the subject matter jurisdiction of the regional courts is established.
XVIII. Closing statements
1. In the event that any provision of these Terms is deemed unenforceable or invalid, said provision will be limited or eliminated to the minimum extent necessary in order for these Terms to remain fully enforceable and in effect.
2. Neither Party may transfer or assign the Contract, whether in whole or in part, without the prior written consent of the other Party, except in cases where either Party may transfer or assign the Contract to an affiliate or as part of a merger, consolidation, or sale. These Terms and all its provisions will bind the Parties and their respective successors and assigns, subject to the aforementioned restrictions.
3. These Terms constitute the complete and exclusive statement of the Parties' mutual understanding and supersedes all previous written or oral agreements, communications, and understandings regarding the subject matter.
4. In the event that any legal action or proceeding is commenced to enforce the provisions of these Terms, the prevailing Party shall be entitled to recover all reasonable costs and expenses, including attorneys' fees.
5. These Terms come into force and effect as of January 1st 2026. These Terms are available at the office of Leadspicker and on webpages https://www.leadspicker.com/terms-of-use
6. All correspondence related to the Services shall be delivered to the other Party via email unless agreed otherwise. The address of the Client for purposes of correspondence is stated in the online form and the address of Leadspicker is info@leadspicker.com In case of doubt documents sent to the Client are considered delivered on the third day after sending.
7. Leadspicker is entitled to modify and amend these Terms even without the consent of the Clients. Modifications or amendments come into force on the day of announcement on the Website. This provision does not affect rights and obligations of Clients emerged during the term of effect of the previous version of these Terms.
8. If it is necessary to deviate from these Terms, the Parties shall conclude a written agreement in which they may exclude individual provisions of these Terms.