DirectPing Terms and Conditions

Effective Date: December 31, 2024

1. Introduction

Welcome to DirectPing LLC (“DirectPing,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your use of our lead generation and performance marketing services (“Services”). By engaging our Services, you agree to comply with and be bound by these Terms. If you do not agree, please do not use our Services.

2. Services

2.1. DirectPing provides exclusive, high-intent leads, live transfers, performance marketing campaigns, and related services as detailed in your client agreement.

2.2. While we strive to deliver high-quality leads and maximize campaign performance, we do not guarantee specific sales, revenue, or outcomes. Lead volume and quality may vary due to market conditions and other factors outside our control.

2.3. We reserve the right to modify, suspend, or discontinue any Service at our discretion with reasonable notice.

3. Client Responsibilities

3.1. Clients agree to provide accurate, complete, and timely information necessary for campaign setup and execution.

3.2. Clients are responsible for complying with all applicable laws and regulations, including but not limited to telemarketing laws (TCPA, DNC), data privacy laws (GDPR, CCPA), and advertising standards.

3.3. Clients shall not use leads or data provided by DirectPing for unlawful purposes or resell them without explicit permission.

3.4. Clients must maintain adequate security measures to protect lead data and ensure confidentiality.

4. Payment Terms

4.1. Pricing, payment terms, and billing cycles are defined in your specific client contract or proposal.

4.2. Payments are due as specified, and late payments may incur interest charges or suspension of services.

4.3. All fees are non-refundable unless explicitly stated in writing.

4.4. Clients agree to pay all applicable taxes related to the Services.

5. Privacy and Data Protection

5.1. DirectPing complies with applicable data protection and privacy laws. Details of our data practices are described in our Privacy Policy.

5.2. Client data, including lead information, will be handled confidentially and securely.

5.3. Clients consent to the collection, use, and processing of their personal data as described in the Privacy Policy.

6. Intellectual Property Rights

6.1. DirectPing retains all intellectual property rights in its proprietary technology, methodologies, and content used to deliver Services.

6.2. Clients receive a limited, non-exclusive, non-transferable license to use deliverables solely for their internal business purposes.

6.3. Clients shall not copy, distribute, modify, or reverse engineer DirectPing’s proprietary materials without prior written consent.

7. Confidentiality

7.1. Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the engagement.

7.2. This obligation survives the termination or expiration of the agreement.

7.3. Confidential information does not include information that is publicly available or independently developed.

8. Indemnification

Clients agree to indemnify, defend, and hold harmless DirectPing, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising from:

• Your breach of these Terms

• Use of leads or data in violation of applicable laws

• Any third-party claims related to your business or campaigns

9. Limitation of Liability

9.1. To the maximum extent permitted by law, DirectPing’s liability for damages arising out of or related to these Terms or Services shall not exceed the amount paid by the client for the specific Services at issue.

9.2. DirectPing is not liable for indirect, incidental, special, consequential, or punitive damages.

9.3. No guarantee is made regarding the success or profitability of your campaigns.

10. Term and Termination

10.1. These Terms remain in effect for the duration of your engagement with DirectPing.

10.2. Either party may terminate the agreement with written notice as specified in the client contract.

10.3. Upon termination, clients must pay for all Services rendered up to the termination date.

10.4. Provisions relating to confidentiality, indemnification, and limitation of liability survive termination.

11. Dispute Resolution

11.1. Any disputes arising out of or relating to these Terms shall first be attempted to be resolved through good faith negotiation.

11.2. If unresolved, disputes will be submitted to binding arbitration in [Your Jurisdiction] under the rules of the American Arbitration Association.

11.3. The arbitrator’s decision shall be final and binding.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Florida, without regard to its conflicts of law principles.

13. Changes to Terms

DirectPing reserves the right to update or modify these Terms at any time. Clients will be notified of material changes and continued use of Services constitutes acceptance of the updated Terms.

14. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with any client agreements, constitute the entire agreement between the parties and supersede all prior understandings.

16. Contact Information

For questions or notices regarding these Terms:

DirectPing LLC
1 Alhambra Plaza
Coral Gables, FL 33134
legal@directping.io