Terms of Service

THIS IS A B2B SERVICE.

1. Company Details / Operator

LeadFlow (the "Service") is a project/brand operated by:

KSTUDIO SIA

Skolas iela 36-5, Jūrmala, LV-2016, Latvia

Registration No.: 40203140189

VAT: LV40203140189

Email: [email protected]

In these Terms, "LeadFlow", "we", "us", "our" refer to KSTUDIO SIA as the operator of the Service available at leadflow.lv.

2. Acceptance of Terms

By creating an account, clicking "I Agree", purchasing credits/tokens, placing an order, or using the Service, you ("Client", "you") agree to be bound by these Terms.

If you do not agree, do not use the Service.

3. Definitions

  • "Services" means on-demand B2B lead research and enrichment services performed for Client under these Terms and any Order Form.
  • "Order" / "Order Form" means the agreed scope (ICP prompt/criteria, quantity, lead type, delivery format, timeline, price) placed via the dashboard, checkout, or a signed document.
  • "Deliverables" means the output produced for Client under an Order (e.g., CSV, spreadsheet, export files).
  • "Client Data" means any criteria, instructions, prompts, lists, domains, CRM data, suppression lists, or other data provided by Client to us.
  • "Lead Data" means professional B2B contact data included in Deliverables (e.g., name, job title, employer, business email, business phone, public profile URLs, company info).
  • "Credits/Tokens" means prepaid usage units that can be exchanged for Services and Deliverables within the Service.

4. Scope of Services

4.1. We provide Services that may include:

  • researching and identifying potential business contacts that match Client's documented criteria;
  • compiling lead lists on demand per Client request;
  • verifying/deduplicating/normalizing Lead Data;
  • delivering Deliverables in agreed formats (CSV, spreadsheet, export).

4.2. NO OUTREACH BY DEFAULT.

We do not send emails, make calls, or message leads on Client's behalf unless explicitly agreed in a separate written addendum signed by both parties ("Outbound Services Addendum").

4.3. No commercial guarantees.

We do not guarantee any KPI, response rate, conversion, revenue, or business outcome.

5. Credits/Tokens, Billing, VAT

5.1. Credits/Tokens are prepaid and are consumed when you place Orders or use features that generate Deliverables.
5.2. Credits/Tokens are generally non-refundable, except where required by applicable law or where we fail to provide Deliverables substantially as described in the Order.
5.3. We may change the number of Credits/Tokens required per operation and/or introduce new operations/features. Changes will apply prospectively and will be communicated in advance through the Service or email.

5.4. VAT and reverse charge:

VAT treatment depends on your jurisdiction and VAT ID validity. Where applicable, EU B2B reverse charge may apply.

6. Client Responsibilities (Core Risk Shift)

6.1. Client is solely responsible for:

  • determining the purposes of processing Lead Data after receipt;
  • ensuring a lawful basis for any use, storage, and outreach (GDPR, ePrivacy/PECR, CAN-SPAM, etc.);
  • providing required privacy notices (including GDPR Article 14 where applicable);
  • ensuring compliant outreach practices (unsubscribes/opt-outs, DNC, registry rules, frequency, content);
  • responding to data subject requests and regulatory inquiries that relate to Client's processing and communications.

6.2. Client warrants that:

  • it is a business entity acting for professional B2B purposes;
  • it will not use Deliverables for B2C/consumer marketing or consumer profiling;
  • it has all rights and authority to provide Client Data to us;
  • it will not represent us as the "sender" or originator of any outreach communications.

7. Acceptable Use Policy (AUP)

Client must not:

  • send unlawful spam or bulk unsolicited messages without a lawful basis;
  • use Deliverables to promote illegal products/services, phishing, malware, fraud, or deceptive content;
  • use Deliverables for harassment, discrimination, or abusive conduct;
  • resell, sublicense, publish, distribute, share, or otherwise provide Deliverables to any third party (including affiliates) without our prior written consent;
  • use Deliverables for credit/insurance eligibility, employment screening, or similar high-risk decisions;
  • reverse engineer, scrape, probe, or security-test our systems without written permission.

8. Intellectual Property; License

8.1. We retain all rights in our methodologies, processes, prompts, templates, tools, software, and know-how.
8.2. Subject to payment and compliance with these Terms, we grant Client a limited, non-exclusive, non-transferable, non-sublicensable license to use Deliverables solely for Client's internal B2B business purposes.

8.3. No data brokering:

Client may not use Deliverables to build or sell third-party lists, provide list access, or operate as a data broker.

9. Confidentiality

Each party agrees to protect the other party's Confidential Information.

We may use anonymized, aggregated information (non-identifying) to improve the Service.

10. Data Protection & Roles

10.1. For Client Data and Lead Data processed to provide the Services, Client is the Data Controller and KSTUDIO SIA acts as Data Processor, processing only on Client's documented instructions (see DPA).
10.2. KSTUDIO SIA is a Data Controller for its own business data (billing, account management, fraud prevention, security logs, legal compliance).
10.3. We are NOT joint controllers with Client. Client remains solely responsible for outreach and downstream use.

10.4. Retention:

unless otherwise required by law or agreed in writing, we delete Order-related Lead Data/Client Data within [30] days after delivery, except for minimal records needed for billing, dispute resolution, fraud/security, and compliance logs.

11. Disclaimers

11.1. SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" AND "AS AVAILABLE".
11.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND UNINTERRUPTED AVAILABILITY.

11.3. We do not guarantee:

  • accuracy/completeness/currentness of Lead Data;
  • email deliverability;
  • any commercial outcomes.

12. Limitation of Liability

12.1. To the maximum extent permitted by law, we are not liable for any indirect, incidental, consequential, special, exemplary or punitive damages (including loss of profits, business, goodwill, or reputation).
12.2. We are not liable for claims arising from Client's outreach, communications, or downstream processing after Client receives Deliverables.
12.3. Our total aggregate liability under these Terms is capped at the fees paid by Client to us for the specific Order giving rise to the claim in the [3] months preceding the event.
12.4. Nothing in these Terms limits liability where such limitation is prohibited by law (e.g., fraud/wilful misconduct). Data subject rights are not waived.

13. Indemnification (Client Protects Us)

Client shall indemnify, defend, and hold harmless KSTUDIO SIA (including directors, employees, contractors) from and against claims, fines, penalties, damages, losses, and reasonable legal fees arising from:

  • Client's outreach/marketing/calling/messaging;
  • Client's violations of data protection, privacy, or anti-spam laws;
  • Client's misuse or prohibited use of Deliverables;
  • Client's failure to provide Article 14 notices, honor opt-outs, or handle data subject rights.

14. Suspension & Termination

We may suspend or terminate the Service immediately if Client breaches these Terms, fails to pay, or creates legal/reputational risk.

15. Governing Law & Venue

These Terms are governed by the laws of the Republic of Latvia.

Courts of Riga, Latvia have exclusive jurisdiction, unless we elect arbitration in Riga under [rules].

16. Changes

We may update these Terms by posting a new version. Material changes will be communicated with at least [7/30] days' notice. Continued use constitutes acceptance.