Terms of Service

1. Acceptance of these terms

These Terms of Service (the “Terms”) form a binding agreement between you and Maple Leads (“Maple Leads,” “we,” “us”) and govern your access to and use of our websites, buyer portal, marketplace, APIs and related services (together, the “Service”). By creating an account, clicking to accept, or using the Service, you agree to these Terms on behalf of yourself and any business you represent, and you confirm you have authority to bind that business.

If you do not agree to these Terms, do not use the Service.

2. The Service

Maple Leads operates an online marketplace that receives consumer inquiries (“Leads”) about mortgage and real estate products from third-party publishers (“Suppliers”) and distributes them in real time to licensed professionals and businesses (“Buyers”). Maple Leads is not a lender, mortgage broker, real estate brokerage or consumer reporting agency, does not make credit decisions and does not guarantee that any consumer will transact with any Buyer.

Lead prices follow a published time-decay schedule based on a Lead’s age, and each Lead may be sold to a limited number of Buyers as described on our Pricing page. We may update pricing tiers, share limits and features from time to time; changes apply to Leads routed after the change takes effect.

3. Accounts and eligibility

You must be at least 18 years old and use the Service only for business purposes in the United States. You represent that you and your users hold, and will maintain, all licenses, registrations and approvals required to contact consumers and offer the products you market (for example, NMLS licensing for mortgage loan originators or state real estate licensing).

You are responsible for all activity under your account, including activity by team members you invite, and for keeping credentials secure. Notify us promptly at support@getmapleleads.com of any unauthorized use.

4. Wallet, pricing and payment

• Prepaid wallet. Buyers purchase Leads from a prepaid account balance (“Wallet”). Funds are added by card or another method we support and are processed by our third-party payment processor.
• Charges. A Lead is charged to your Wallet at the moment it is routed to you or purchased in the marketplace, at the price of the tier the Lead is in at that moment. That price is final except as provided in the Returns section.
• Auto-recharge. If you enable auto-recharge, you authorize us to charge your saved payment method for the amount you choose whenever your balance falls below your threshold, until you turn it off.
• No subscription. There is no recurring platform fee unless you sign a separate order form.
• Balances. Wallet funds are not a deposit account, do not earn interest and may be used only to purchase Leads. Unused balances may be refunded on account closure, less any amounts owed, at our reasonable discretion and subject to applicable law.
• Taxes. Prices exclude taxes. You are responsible for any taxes applicable to your purchases other than taxes on our net income.

5. Returns and disputes

You may request a return of a purchased Lead within 48 hours of purchase for the following reasons: disconnected number, wrong number, duplicate of a Lead you previously purchased, fake or junk information, consumer outside your service area as defined in your campaign, or consumer did not request information. Requests must be submitted through the Service with accurate supporting detail.

We review each request in good faith. Approved returns are credited to your Wallet; credits are your sole remedy for defective Leads. Unanswered calls, a consumer changing their mind or not qualifying for a product are not grounds for a return. We may limit or suspend return privileges for accounts with unusually high return rates or abuse of the process.

6. Buyer obligations and permitted use of Leads

You agree that you will:

• use Leads only to contact the consumer about the products and services the consumer inquired about, and only through your own licensed personnel;
• comply with all applicable laws, including the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, the CAN-SPAM Act, federal and state do-not-call rules, state telemarketing and “mini-TCPA” laws, RESPA, the Equal Credit Opportunity Act, the Fair Housing Act, state privacy laws and our TCPA & Consent Policy;
• honor consumer opt-out and revocation requests promptly and maintain an internal do-not-call list;
• not resell, rent, share or transfer Leads to any third party, or use them to build a competing database, without our written consent;
• keep Lead data secure and use it only as permitted by our Privacy Policy and applicable law.

7. Supplier terms

If you submit Leads as a Supplier, you represent and warrant that each Lead was generated from a genuine consumer inquiry in a manner that complies with applicable law; that you obtained the consumer’s prior express written consent to be contacted by Maple Leads and its Buyers as required by the TCPA and our TCPA & Consent Policy; that consent records (including a TrustedForm or equivalent certificate) are accurate and available on request; and that the capture timestamp and source you provide are true. Supplier payouts, approval and quality standards are governed by your separate supplier agreement, which controls in the event of conflict.

8. Acceptable use

You will not, and will not permit anyone to:

• access the Service by automated means except through the APIs we provide and within published limits;
• interfere with, probe or circumvent the security, rate limits or routing logic of the Service;
• submit false, misleading or incentivized Leads, or misrepresent a Lead’s age or source;
• use the Service to discriminate against consumers on any basis prohibited by law; or
• reverse engineer the Service or use it to build a competing product.

9. Intellectual property

We and our licensors own the Service and all related software, content, trademarks and data compilations. We grant you a limited, non-exclusive, non-transferable right to use the Service during the term in accordance with these Terms. Feedback you give us may be used without obligation to you.

10. Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE AND ALL LEADS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY LEAD WILL BE CONTACTABLE, QUALIFIED OR RESULT IN A TRANSACTION, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUE. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR LEADS IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY TO YOUR INDEMNIFICATION OBLIGATIONS OR YOUR VIOLATION OF THE BUYER OBLIGATIONS ABOVE.

12. Indemnification

You will defend, indemnify and hold harmless Maple Leads and its affiliates, officers, employees and agents from any third-party claims, penalties, losses and expenses (including reasonable attorneys’ fees) arising from your use of Leads or the Service, your communications with consumers, or your breach of these Terms or applicable law, including the TCPA and do-not-call rules.

13. Suspension and termination

You may close your account at any time. We may suspend or terminate access immediately if we reasonably believe you have violated these Terms or applicable law, pose a risk to consumers or the marketplace, or fail to pay amounts due. Sections that by their nature should survive termination will survive.

14. Governing law and dispute resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules. Any dispute will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, except that either party may seek injunctive relief in court for misuse of intellectual property or confidential information. Class actions and class arbitrations are waived to the extent permitted by law.

15. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or in the Service before they take effect. Continued use after the effective date constitutes acceptance.

16. Contact

Questions about these Terms can be sent to legal@getmapleleads.com.