Liability Disclaimer
LeadTracker.co (the “Platform” or “Service”) is operated by Digital Automations AI (“Company,” “we,” “us,” or “our”). This Disclaimer outlines the limitations of our liability and your responsibilities when using our lead capture and automation platform.
1. Platform Services Description
LeadTracker.co provides a lead capture and automation platform that facilitates:
- Lead capture from social media, landing pages, and web forms
- Automated lead magnet delivery via email, DM, and SMS
- Email nurture sequences and follow-up automation
- CRM and lead management
- Strategy call booking automation
- SMS notifications and confirmations
- AI-powered Voice Agent phone calls (optional add-on)
- Reporting and analytics
2. Important Disclaimers
It does not guarantee business results, lead conversion, revenue generation, or any specific outcomes. Results depend entirely on your business, market, content, and effort.
2.1 No Guarantee of Results
Use of this Platform does NOT guarantee:
- Any specific number of leads, conversions, or sales
- Revenue growth or return on investment
- That leads captured will become paying customers
- Delivery of all emails, SMS messages, or voice calls (delivery depends on third-party services)
- That automation will replace the need for personal follow-up
- Compliance with anti-spam laws (this is your responsibility)
2.2 No Professional Advice
Nothing on this Platform constitutes:
- Legal advice regarding marketing compliance or data protection
- Financial or business advice
- Tax advice
- Professional marketing consulting
- Guaranteed marketing strategy
2.3 AI-Powered Services
LeadTracker.co uses AI-powered services for Voice AI calls and automation. AI systems:
- May occasionally provide inaccurate or incomplete information during calls
- May not handle all conversation scenarios perfectly
- Should not be relied upon as a sole method of lead engagement
- Do not replace human judgment in business decisions
2.4 Communication Delivery
We rely on third-party services for email, SMS, and voice call delivery. We cannot guarantee:
- 100% delivery of emails (affected by spam filters, inbox providers, etc.)
- 100% delivery of SMS messages (affected by carrier policies)
- 100% completion of voice calls (affected by network conditions, voicemail, etc.)
- Specific timing of message delivery
2.5 Your Content and Compliance
You are solely responsible for:
- All content distributed through the Platform (lead magnets, emails, SMS messages)
- Obtaining proper consent from leads before marketing to them
- Compliance with CASL, CAN-SPAM, GDPR, and all applicable anti-spam and privacy laws
- The accuracy of your business information used by Voice AI agents
- Claims made in your marketing materials
3. Limitation of Liability
3.1 General Limitation
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGITAL AUTOMATIONS AI, LEADTRACKER.CO, AND THEIR OWNERS, OPERATORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:
a) Any direct, indirect, incidental, special, consequential, or punitive damages arising from:
- Use or inability to use the Platform
- Loss of leads, business opportunities, or revenue
- Failed email, SMS, or voice call delivery
- AI agent errors, inaccuracies, or unexpected behavior during calls
- Lead data loss or corruption
- Actions or inactions of leads or prospects
- Regulatory penalties arising from your marketing practices
- CASL or anti-spam violations resulting from your use of the Service
- System outages, errors, or technical failures
- Unauthorized access to user accounts
- Third-party services or integrations
b) Any claims arising from:
- Content you create, upload, or distribute through the Service
- Your marketing practices and strategies
- Interactions between you and your leads
- Business decisions made based on Platform data or analytics
- Third-party claims related to your marketing activities
3.2 Maximum Liability Cap
IN NO EVENT SHALL THE TOTAL LIABILITY OF DIGITAL AUTOMATIONS AI AND LEADTRACKER.CO EXCEED THE GREATER OF:
- THE AMOUNT PAID BY YOU TO US FOR PLATFORM SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR
- ONE HUNDRED CANADIAN DOLLARS ($100 CAD)
3.3 Essential Purpose
THE LIMITATIONS IN THIS SECTION SHALL APPLY:
- Even if any remedy fails of its essential purpose
- Regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise)
- Even if we have been advised of the possibility of such damages
- To the fullest extent permitted by applicable law
4. Indemnification
4.1 By Subscribers
Subscribers agree to indemnify, defend, and hold harmless Digital Automations AI, LeadTracker.co, and their officers, directors, employees, contractors, and agents from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:
- Content distributed through the Platform (lead magnets, emails, SMS, voice calls)
- Violations of CASL, CAN-SPAM, or other anti-spam legislation
- Privacy law violations related to lead data collection and use
- False, misleading, or deceptive marketing claims
- Claims from leads or contacts regarding your marketing practices
- Any violation of these Terms or the Terms of Service
- Intellectual property infringement in your content
- Your use of the Voice AI Agent to make calls without proper consent
5. Subscriber Acknowledgments
By using this Platform, subscribers acknowledge and agree that:
- RESULTS NOT GUARANTEED: I understand that LeadTracker.co is a tool and that business results depend on my own content, effort, market, and business quality. The platform does not guarantee any specific outcomes.
- COMPLIANCE RESPONSIBILITY: I am solely responsible for complying with all applicable anti-spam, privacy, and telecommunications laws when using the Service to contact leads.
- CONTENT RESPONSIBILITY: I am solely responsible for the accuracy and legality of all content I distribute through the Platform, including lead magnets, emails, and marketing materials.
- CONSENT OBLIGATION: I will obtain proper consent from leads before collecting their data and sending marketing communications, as required by CASL and other applicable laws.
- VOICE AI CONSENT: If I use the Voice AI add-on, I will ensure compliance with all applicable telemarketing and auto-dialing laws in my jurisdiction and the jurisdictions of my leads.
- NO PLATFORM LIABILITY: Digital Automations AI and LeadTracker.co are not responsible for the outcomes of my marketing campaigns, lead quality, or business results.
- DELIVERY NOT GUARANTEED: I understand that email, SMS, and voice call delivery cannot be guaranteed and is dependent on third-party services and infrastructure.
- DATA BACKUP: I am responsible for maintaining my own backups of important business data. While we take precautions, we do not guarantee against data loss.
- NO WARRANTY: The Platform is provided “as is” without warranties of any kind, express or implied.
6. Data and Accuracy
6.1 Data Accuracy
Digital Automations AI and LeadTracker.co do not verify the accuracy of lead data submitted through forms, social media integrations, or other channels. We are not responsible for errors or inaccuracies in lead information.
6.2 Analytics and Reporting
Platform analytics and reports are provided for informational purposes only. We do not guarantee the accuracy or completeness of analytics data and recommend you verify important metrics independently.
6.3 No Warranty
We make no warranties regarding the accuracy, reliability, completeness, or timeliness of any data stored in or generated by the Platform.
7. Service Availability
7.1 No Guarantee of Availability
We do not guarantee uninterrupted access to the Platform. Service may be suspended for maintenance, updates, security issues, or unforeseen circumstances.
7.2 Modifications
We reserve the right to modify, suspend, or discontinue any part of the Platform at any time, with or without notice.
7.3 No Liability for Downtime
We are not liable for any damages, missed leads, or business losses resulting from Platform unavailability.
8. Voice AI and Communication Services
Our automated communication services (email, SMS, and voice calls) are provided as tools for your business:
- Message and call delivery is not guaranteed
- Technical issues may prevent or delay delivery
- AI voice agents may occasionally misinterpret questions or provide unexpected responses
- Voice AI calls may be recorded for quality assurance
- Communication services are subject to third-party terms and limitations
- You are responsible for ensuring all communications comply with applicable laws
9. Governing Law
This Disclaimer and all related matters shall be governed by and construed in accordance with the laws of British Columbia, Canada, without regard to conflict of law principles. Any disputes shall be resolved in the courts of British Columbia or through arbitration as specified in our Terms of Service.
10. Severability
If any provision of this Disclaimer is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent.
11. Entire Agreement
This Disclaimer, together with our Terms of Service and Privacy Policy, constitutes the entire agreement between you and Digital Automations AI regarding the LeadTracker.co Platform.
12. Contact Information
Questions about this Disclaimer should be directed to:
LeadTracker.co
A service of Digital Automations AI
General Inquiries: info@leadtracker.ca
Website: https://leadtracker.co
BY USING THIS PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS DISCLAIMER.