These Terms of Service (the “Terms”) are a binding agreement between you and Treat Engine (“Treat Engine,” “we,” “us,” or “our”). They govern your use of our websites, our agency services — including lead generation, paid advertising, appointment setting and website design (such as Water Leads and Water Websites) — and our software-as-a-service products, including the ClearDeals sales platform (together, the “Services”).
By creating an account, completing a checkout, signing an order form or using the Services, you agree to these Terms. If you are agreeing on behalf of a company, you confirm that you have authority to bind that company, and “you” refers to that company. If you do not agree, do not use the Services.
1. Eligibility & Accounts
The Services are for businesses and are not intended for personal, family or household use. You must be at least 18 years old and able to form a binding contract. You agree to give accurate, complete information and keep it up to date.
You are responsible for all activity under your account, for the users you invite, and for keeping login credentials secure. Tell us promptly at Info@TreatLeads.com if you suspect unauthorized use.
2. The Services
Software (SaaS)
Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right during your subscription to access and use our software for your internal business purposes, for the number of users or locations in your plan. We may update, improve or change features over time, and we will not materially reduce the core functionality of a paid plan during a paid term.
Agency services
For marketing, advertising, lead-generation and website services, we will perform the work described on the applicable offer page, checkout, proposal or order form (an “Order”). If an Order conflicts with these Terms, the Order controls for that engagement. We may use subcontractors and remain responsible for their work.
Third-party platforms
Some Services rely on third-party platforms such as Meta, Google, Stripe, CRMs, hosting providers and financing partners. Your use of those platforms is subject to their terms. We are not responsible for their availability, policy changes, ad rejections, account restrictions or pricing changes.
3. Fees, Billing & Trials
- Payment. You agree to pay the fees shown at checkout or in your Order. Fees are in U.S. dollars and exclude taxes, which you are responsible for (other than taxes on our income).
- Automatic renewal. Subscriptions renew automatically at the end of each billing period (monthly or annually) at the then-current rate, and you authorize us and our payment processor, Stripe, to charge your payment method on file until you cancel.
- Free trials. If your plan includes a free trial, we may require a payment method at signup. Unless you cancel before the trial ends, your subscription converts to a paid plan and you will be charged automatically.
- Usage-based charges. Some features are billed based on usage. Those charges are described in the product or your Order and billed in arrears.
- Ad spend. Unless your Order says otherwise, advertising spend is separate from our management fees and is paid by you directly to the ad platform.
- Price changes. We may change pricing with at least 30 days’ notice; changes take effect at your next renewal.
- Late payment. If a payment fails or is overdue, we may suspend the Services, pause campaigns or restrict account access until the balance is paid.
4. Cancellation & Refunds
Unless your Order states a minimum term, plans are month-to-month and you may cancel at any time by contacting us or through your account. Cancellation takes effect at the end of the current billing period, and you keep access until then.
Except where a guarantee is expressly offered on the applicable offer page or Order (and then only under its stated conditions), or where required by law, fees are non-refundable, including for partial months, unused features, and agency work already performed. Setup fees, hardware and ad spend already paid to a platform are non-refundable.
We may suspend or terminate your access if you materially breach these Terms, fail to pay, or use the Services in a way that creates legal or security risk. On termination, your right to use the Services ends and any unpaid fees become due.
5. Your Responsibilities
You agree that you will, and will make sure your users will:
- Comply with all applicable laws, including consumer protection, advertising, home-solicitation, cancellation-right, financing, privacy, and telemarketing laws such as the Telephone Consumer Protection Act (TCPA), CAN-SPAM and state equivalents;
- Obtain all consents required to call, text or email leads and customers, and honor opt-out requests promptly;
- Make sure your pricing, product claims, warranties, financing terms and contracts are accurate, lawful and yours to offer;
- Provide timely access, approvals and materials we need to deliver the Services;
- Follow up with leads and appointments promptly — lead and appointment outcomes depend heavily on your sales process.
You are solely responsible for the agreements you enter into with your customers, including agreements generated or signed through our software. Our templates are provided for convenience and are not legal advice; have your own counsel review them.
6. Acceptable Use
You may not:
- Use the Services for any unlawful, deceptive, fraudulent or harmful purpose, or to send spam or unsolicited messages;
- Upload content that infringes others’ rights or is false, defamatory, obscene or malicious;
- Copy, modify, resell, sublicense or create derivative works of the software, or reverse engineer or attempt to access its source code;
- Share login credentials, exceed plan limits, or access the Services to build a competing product;
- Interfere with or disrupt the Services, probe for vulnerabilities, or bypass security or usage controls;
- Use automated means to scrape or access the Services except through features we provide.
7. Your Content & Data
You keep ownership of the content, brand assets and data you provide, including Customer Data about your leads and customers (“Your Content”). You grant us a worldwide, non-exclusive, royalty-free license to host, copy, process, display and adapt Your Content as needed to provide, support and improve the Services, including to run ads and publish websites on your behalf.
You represent that you have all rights and consents needed to provide Your Content to us. Our handling of personal information is described in our Privacy Policy. We may use aggregated, de-identified data that does not identify you or any individual to operate and improve our Services and for benchmarking.
After cancellation, you may request an export of Your Content within 30 days. After that, we may delete it, except where we must retain it by law.
8. Intellectual Property
We and our licensors own the Services, including the software, platform, templates, designs, workflows, ad frameworks, know-how and all related intellectual property. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.
Agency deliverables. Once you have paid in full, you own the final, custom creative made specifically for you (such as ad images and copy featuring your brand), excluding our pre-existing templates, tools, stock assets and general know-how, which we license to you for use with those deliverables. Websites hosted on our platform remain on our platform while your subscription is active; domain names registered in your name remain yours.
If you send us feedback or suggestions, we may use them without restriction or obligation to you.
Unless you tell us otherwise in writing, you allow us to identify you as a customer and use your name and logo in our marketing materials.
9. No Guarantee of Results
Advertising, lead generation and sales results depend on many factors outside our control, including your market, pricing, offer, competition, ad-platform algorithms, seasonality and your sales team’s follow-up. Except for any guarantee expressly stated in your Order, we do not guarantee any particular number of leads, appointments, sales, revenue or return on ad spend. Examples, case studies, testimonials, ROI calculators and projections are illustrative only and are not a promise of future performance.
10. Confidentiality
Each party may receive non-public information from the other that is marked confidential or should reasonably be understood to be confidential. The receiving party will use it only to perform under these Terms and protect it with at least reasonable care. This does not apply to information that is public through no fault of the receiving party, already known to it, independently developed, or rightfully received from a third party. A party may disclose confidential information when required by law, after giving reasonable notice where allowed.
11. Disclaimers
The Services are provided “as is” and “as available.” To the fullest extent permitted by law, Treat Engine disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Services will be uninterrupted, error-free or secure, or that any content, calculations, lead data or third-party platform will be accurate or available.
12. Limitation of Liability
To the fullest extent permitted by law, Treat Engine will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any lost profits, revenue, sales, data, goodwill or business opportunities, even if advised of their possibility.
Our total liability for all claims relating to the Services or these Terms will not exceed the amounts you paid to Treat Engine for the Services giving rise to the claim in the three (3) months before the event giving rise to liability. Ad spend paid to third-party platforms is not included in that amount.
13. Indemnification
You will defend, indemnify and hold harmless Treat Engine and its owners, employees and contractors from any claims, damages, fines, losses and expenses (including reasonable attorneys’ fees) arising from: Your Content; your products, services, pricing or customer agreements; your calls, texts or emails to leads or customers; your violation of these Terms or of any law (including the TCPA and consumer protection laws); or your dealings with your customers.
14. Governing Law & Disputes
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-law rules. Before filing a claim, each party agrees to try to resolve the dispute informally by contacting the other and negotiating in good faith for at least 30 days.
Any dispute that is not resolved informally will be brought exclusively in the state or federal courts located in Massachusetts, and both parties consent to the jurisdiction of those courts. Each party waives any right to a jury trial and to participate in a class or representative action. Either party may seek injunctive relief in any court to protect its intellectual property or confidential information.
15. General
- Changes to these Terms. We may update these Terms from time to time. We will post the updated Terms and change the “Last updated” date, and for material changes we will give notice by email or in the product. Continued use after changes take effect means you accept them.
- Entire agreement. These Terms, any Order, and our Privacy Policy are the entire agreement between us about the Services and replace any prior agreements on the subject.
- Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of assets.
- Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, including platform outages, internet failures, natural disasters or government action (this does not excuse payment obligations).
- Independent contractors. The parties are independent contractors; nothing here creates a partnership, joint venture, employment or agency relationship.
- Severability and waiver. If any provision is found unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver.
- Survival. Sections that by their nature should survive termination — including fees owed, intellectual property, disclaimers, limitation of liability, indemnification and disputes — will survive.
- Notices. We may send notices to the email address on your account. Notices to us should be sent to Info@TreatLeads.com.
16. Contact Us
Questions about these Terms? Reach us at: