Terms of Use
Effective Date: January 1, 2025
Last Updated: May 30, 2025
Legal Entity: ZipPunch LLC (“ZipPunch”)
These Terms of Use (“Terms”) govern the use, delivery, and redistribution of leads, marketing materials, or services obtained from ZipPunch by clients, purchasers, partners, and authorized users (“Client,” “you,” or “your”). These Terms supplement the public-facing Terms and Conditions and form a binding legal agreement. By engaging with ZipPunch’s services, you accept these Terms.
1. Client Eligibility and Representation
By engaging ZipPunch for services or purchasing leads, you affirm that you:
- Are at least 18 years old
- Are legally authorized to enter binding agreements on behalf of your business
- Possess appropriate licensing or legal status to engage in your industry (e.g., insurance, financial services)
- Will not use the leads, data, or services for unlawful, harassing, or deceptive purposes
2. Lead Delivery and Use
ZipPunch may provide contact records, form responses, or customer profiles (collectively, “Leads”) via API, email, portal, or CRM integration. As a Client, you agree:
- To use leads only for legitimate business purposes and in accordance with applicable law (e.g., TCPA, CAN-SPAM, CCPA)
- Not to resell, republish, or share leads with unauthorized third parties without written consent
- To follow up with leads in a timely and respectful manner
- To cease contact upon consumer opt-out or do-not-contact requests
Leads are considered delivered upon transmission, regardless of contact or conversion status.
3. Lead Quality, Disputes, and Credits
ZipPunch employs data screening and filtering to ensure basic quality standards (e.g., valid contact information). However, we do not guarantee:
- Lead responsiveness
- Buyer intent
- Conversion outcomes
Refunds or credits will only be considered:
- If explicitly defined in your written service agreement
- If leads are found to be clearly invalid (e.g., duplicate, fake name, disconnected number)
- If reported within five (5) business days of delivery
All credit decisions are made at ZipPunch’s sole discretion and documented in writing.
4. License and Use Restrictions
ZipPunch grants you a non-exclusive, non-transferable, revocable license to use leads and content for internal business use only. You may not:
- Copy, clone, or mine leads into external databases
- Use leads for marketing outside of your licensed geographic region or industry
- Represent ZipPunch as your brand or claim ownership over our materials
- Use ZipPunch branding, content, or trademarks without explicit permission
5. Compliance Requirements
Clients must comply with all applicable data protection, advertising, and communication laws, including:
- The Telephone Consumer Protection Act (TCPA)
- CAN-SPAM Act
- State and federal Do Not Call regulations
- CCPA/CPRA and other privacy laws (where applicable)
Clients are solely responsible for legal compliance in how leads are handled, stored, and contacted.
6. Indemnification
You agree to indemnify, defend, and hold harmless ZipPunch, its employees, and affiliates from any claims, damages, losses, or costs (including legal fees) arising from:
- Your misuse of leads
- Your noncompliance with applicable laws
- Any breach of these Terms
7. Termination
ZipPunch reserves the right to suspend or terminate your access to services or leads at any time, with or without notice, for:
- Violation of these Terms
- Misuse of delivered data
- Payment disputes or chargebacks
8. Confidentiality
All information provided through ZipPunch Services is confidential. You may not disclose, resell, or expose lead data or strategy documentation to external parties without written permission.
9. Governing Law
These Terms shall be governed by and interpreted in accordance with the laws of the State of Florida, without regard to conflict of law principles. Any disputes will be resolved exclusively in Broward County, FL courts.
15. Contact Information
For questions about these Terms of Use, contact:
- Email: contact@zippunch.com
- Contact Page: https://zippunch.com/contact/