1. Acceptance of Terms
By accessing and using the services provided by DevilLeads ("Company", "we", "us", or "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions. If you do not agree with any part of these terms, you must not use our services.
2. Description of Services
DevilLeads generates and delivers Medicare leads, including exclusive, shared, live transfer, and Medicare Supplement leads, to licensed insurance agencies, brokers, FMOs, and call centers ("Buyers"). DevilLeads is not an insurance agency and does not sell insurance directly to consumers, provide plan recommendations, or process enrollments. The specific scope, exclusivity terms, volume, and pricing for lead delivery will be detailed in a separate Statement of Work (SOW) or Service Level Agreement (SLA) executed between the parties.
3. Buyer Obligations
As a Buyer purchasing leads from DevilLeads, you agree to:
- Hold all licenses required in the states where you contact consumers regarding Medicare plans.
- Comply with the Telephone Consumer Protection Act (TCPA), CMS Medicare Communications and Marketing Guidelines, and all applicable state telemarketing and insurance regulations in your own outreach and sales conduct.
- Honor opt-out and do-not-call requests made directly to you by consumers, in addition to those we suppress on our end.
- Use lead data only for the purpose of contacting consumers about Medicare plans, and not resell, redistribute, or repurpose exclusive lead data delivered to you.
- Maintain the confidentiality of any account credentials or delivery integrations provided to you.
4. Fees & Payment
Fees for leads and services are set forth in the applicable Statement of Work (SOW) or Service Level Agreement (SLA) executed between DevilLeads and the Buyer. Invoices are issued on the schedule specified in that SOW/SLA and are due within the payment terms stated therein. DevilLeads reserves the right to suspend lead delivery on any account with a balance past due until the account is brought current.
5. Lead Delivery & Replacement Policy
Each SOW/SLA defines the quality standard a delivered lead must meet, which may include valid contact information, accurate state and eligibility data, and adherence to the Buyer's filter criteria. Leads that fail to meet the agreed quality standard will be replaced or credited in accordance with the terms of the applicable SOW/SLA. Replacement or credit is the Buyer's exclusive remedy for a non-conforming lead.
6. Intellectual Property
All materials, processes, methodologies, software, and intellectual property developed or provided by DevilLeads remain the exclusive property of DevilLeads. The client retains all rights to their proprietary data and materials provided to us for the purpose of executing the services.
7. Confidentiality
Each party agrees to keep confidential any non-public business, technical, or pricing information disclosed by the other party in connection with these Terms, and to use such information only for purposes of the business relationship. This obligation does not apply to information that is or becomes publicly available through no fault of the receiving party, or that is required to be disclosed by law.
8. Warranty Disclaimer
Except as expressly stated in an applicable SOW/SLA, DevilLeads provides its services on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. DevilLeads does not guarantee any specific conversion rate, close rate, or return on investment from leads delivered.
9. Indemnification
Each party agrees to indemnify, defend, and hold harmless the other party from third-party claims, damages, and expenses (including reasonable attorneys' fees) arising out of the indemnifying party's breach of these Terms, violation of applicable law, or negligent or wrongful acts in connection with the services.
10. Limitation of Liability
To the maximum extent permitted by applicable law, DevilLeads shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your access to or use of or inability to access or use the services.
11. Term & Termination
These Terms remain in effect for as long as you use our services or for the term specified in an applicable SOW/SLA. Either party may terminate an SOW/SLA in accordance with its terms. DevilLeads may suspend or terminate access to its services immediately if a Buyer violates these Terms, applicable law, or the terms of an SOW/SLA. Sections that by their nature should survive termination, including Intellectual Property, Confidentiality, Warranty Disclaimer, Indemnification, and Limitation of Liability, will survive.
12. Dispute Resolution
In the event of a dispute arising out of or relating to these Terms, the parties agree to first attempt to resolve the dispute through good-faith negotiation between authorized representatives before pursuing formal legal action.
13. Force Majeure
Neither party will be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disaster, telecommunications or internet outages, government action, or other events of force majeure.
14. Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
15. Entire Agreement
These Terms, together with any applicable SOW/SLA, constitute the entire agreement between the parties regarding the subject matter herein and supersede any prior agreements or understandings, whether written or oral.
16. Assignment
Neither party may assign these Terms without the prior written consent of the other party, except that DevilLeads may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.
17. Governing Law
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Delaware.
18. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes by posting the updated Terms on this page. Your continued use of the services following the posting of any changes to these Terms constitutes acceptance of those changes.