Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Lead Caviar website at leadcaviar.comand the related services (collectively, the "Service") provided by Mobber LLC, an Arizona limited liability company doing business as Lead Caviar ("Lead Caviar," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.

1. The service

Lead Caviar provides a missed-call text-back service for service-based businesses, including those in the trades. When an inbound call to a subscribing business is not answered, the Service automatically sends an SMS message to the caller and delivers any reply to the subscribing business as a captured lead.

2. Eligibility and accounts

You must be at least 18 years old and capable of forming a binding contract to use the Service. If you use the Service on behalf of a business, you represent that you have authority to bind that business to these Terms. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

3. Acceptable use

You agree not to:

• Use the Service in violation of any applicable law, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, state telemarketing laws, or carrier rules.
• Send SMS messages to recipients who have not initiated contact with the subscribing business or who have opted out of receiving messages.
• Use the Service to transmit unsolicited marketing, content prohibited by mobile carriers (including content related to sex, hate, alcohol, firearms, tobacco, gambling, or controlled substances when restricted), or any unlawful or harmful content.
• Attempt to gain unauthorized access to the Service, interfere with its operation, or reverse-engineer any portion of it.

4. SMS and carrier compliance

Use of the Service is subject to the rules of the mobile carriers and SMS aggregators we work with, including A2P 10DLC registration and approved-content requirements. We may suspend or terminate your access if your use of the Service results in carrier violations, opt-out rates that exceed acceptable thresholds, or complaints from recipients.

5. Fees and billing

Pricing for the Service will be presented at the time of signup. Unless otherwise stated, fees are billed in advance, are non-refundable except as required by law, and are exclusive of applicable taxes. We may change our pricing on prospective notice to subscribers.

6. Customer content and lead data

You retain ownership of the data you submit to the Service and the lead information generated from missed calls placed to your business. You grant Lead Caviar a non-exclusive, worldwide license to host, process, transmit, and display that content as necessary to provide the Service.

7. Third-party services

The Service relies on third-party providers, including Twilio for SMS delivery and Vercel for hosting. Your use of the Service is also subject to the applicable terms of those providers as they relate to message transmission and uptime.

8. Termination

You may stop using the Service at any time. We may suspend or terminate your access to the Service if you breach these Terms, if your use creates legal or carrier risk, or if we discontinue the Service. Upon termination, your right to use the Service ceases immediately.

9. Disclaimers

The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Lead Caviar disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that every SMS will be delivered.

10. Limitation of liability

To the fullest extent permitted by law, Lead Caviar will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, arising out of or relating to your use of the Service. Our total liability for any claim relating to the Service will not exceed the greater of (a) the amount you paid us for the Service in the 12 months preceding the claim and (b) one hundred U.S. dollars ($100).

11. Indemnification

You agree to indemnify and hold Lead Caviar and its officers, directors, employees, and agents harmless from any claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any law or third party right, including any claim brought under the TCPA or similar SMS regulations.

12. Governing law

These Terms are governed by the laws of the State of Arizona, without regard to its conflict of laws principles. Any dispute arising out of these Terms or the Service will be resolved exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to personal jurisdiction in those courts.

13. Changes to these terms

We may update these Terms from time to time. When we do, we will revise the "Effective" date above. Continued use of the Service after the changes take effect constitutes acceptance of the revised Terms.

14. Contact

Mobber LLC, dba Lead Caviar
4539 N 22nd St, Suite N
Phoenix, AZ 85016
support@leadcaviar.com