Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you (“you,” “Customer”) and SmartPropLeads (“we,” “us,” the “Company”) governing your access to and use of the SmartPropLeads website, applications, data, and services (collectively, the “Service”). By checking the agreement box at checkout, clicking “accept,” or using the Service, you accept these Terms on behalf of yourself and any entity you represent, and you confirm you are at least 18 and able to form a contract.

The Service provides real-estate lead information derived from public records, AI-generated scores and summaries, optional skip-tracing (owner contact lookups via third-party providers), and optional direct-mail (postcard) fulfillment, intended for use by real-estate professionals and investors in their lawful business activities.

All property, owner, valuation, and related data is compiled from public records (including county appraisal districts and other third-party and public sources) and is provided strictly on an “AS-IS” and “AS-AVAILABLE” basis. Public records and third-party data are frequently incomplete, outdated, mis-keyed, or inaccurate.

We do not guarantee, warrant, or represent the accuracy, completeness, currency, reliability, or fitness of any data, score, summary, contact detail, valuation, or other output. AI scores and summaries are automated estimates, not professional advice or appraisals. You are solely responsible for independently verifying any information before relying on or acting upon it.

You may use the Service only for legitimate real-estate business purposes and only in full compliance with all applicable federal, state, and local laws. You are solely responsible for how you use the data and for all outreach you conduct. Without limitation, you agree to comply with:

• the Telephone Consumer Protection Act (TCPA), all federal and state Do-Not-Call rules, and applicable calling/texting-time and consent requirements;
• the CAN-SPAM Act and applicable email and direct-mail laws;
• the Fair Housing Act and all anti-discrimination laws;
• the Fair Credit Reporting Act (FCRA) — see Section 5; and
• all data-privacy, consumer-protection, telemarketing, and real-estate licensing laws applicable to you.

You are responsible for scrubbing contacts against applicable Do-Not-Call and suppression lists and for honoring all opt-out and do-not-contact requests.

We are not a consumer reporting agency, and the Service and data are not “consumer reports” under the FCRA. You may not use the Service or any data (including skip-traced contact information) in whole or in part as a factor in establishing eligibility for credit, insurance, employment, housing/tenant screening, or any other purpose governed by the FCRA. You agree not to use the data for any FCRA-permissible-purpose decision.

You agree not to: (a) resell, sublicense, redistribute, or publicly display the data; (b) use the Service to harass, defraud, stalk, or harm any person; (c) scrape, bulk-extract, or reverse-engineer the Service; (d) use the data for any unlawful, deceptive, or FCRA-governed purpose; or (e) share your account credentials. Skip-traced contact data is licensed to you for your own lawful outreach only.

Skip-tracing, payments, mapping, and mail are performed by third-party providers (e.g., the skip-trace data provider, Stripe for payments, and the mail vendor). Your use of those features is also subject to those providers’ terms, and we are not responsible for their acts, omissions, or data.

Subscription and per-item fees (e.g., skip-traces, postcards) are charged through Stripe at the prices shown at purchase. Because services are fulfilled using third-party data and mail providers, all fees are non-refundable except where required by law, including when a skip-trace returns no contact information (you are paying for the search) or where data proves inaccurate (see Sections 3 and 9). Subscriptions renew until canceled; you may cancel anytime via the billing portal.

THE SERVICE AND ALL DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, including implied warranties of merchantability, fitness for a particular purpose, accuracy, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that any data will produce any particular result.

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost business, lost data, or any damages arising from your use of (or inability to use) the Service or any data, even if advised of the possibility.

Our total cumulative liability for any and all claims arising out of or relating to the Service or these Terms will not exceed the amount you actually paid to us for the specific service giving rise to the claim during the three (3) months immediately preceding the event. These limitations are an essential basis of the bargain and apply regardless of the theory of liability.

You will defend, indemnify, and hold harmless the Company and its owners, affiliates, and providers from any claims, damages, fines, and costs (including reasonable attorneys’ fees) arising out of your use of the Service or data, your outreach to any person, or your violation of these Terms or any law (including the TCPA, DNC rules, FCRA, CAN-SPAM, or Fair Housing Act).

The Service does not provide legal, financial, tax, investment, or appraisal advice. You are responsible for your own due diligence and for consulting qualified professionals.

We may suspend or terminate your access at any time for any violation of these Terms or applicable law. Sections that by their nature should survive termination (including Sections 3, 5, 6, 9, 10, and 11) will survive.

We may update these Terms from time to time. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. The exclusive venue for any dispute is the state and federal courts located in Texas.

Questions about these Terms: support@smartpropleads.com.