Terms and Conditions

1. Agreement to Terms

By accessing, browsing, registering an account, purchasing services, participating in the referral or affiliate program, joining a partner pod, using the partner portal, engaging with our Discord community, consuming any training or SOP content, submitting a pre-qualification form, booking a consultation, clicking any advertisement we operate, or otherwise interacting with any property owned or operated by Lotus Leads LLC ("Lotus," "we," "us," or "our"), you ("you," "User," "Customer," "Operator," "Partner," or "Affiliate") agree to be bound by these Terms and Conditions, our Privacy Policy, and any additional terms referenced herein or presented at the point of purchase. These Terms constitute a legally binding agreement. If you do not agree to every provision below, you must immediately stop using our services.

You represent and warrant that you are at least 18 years of age, have the legal capacity to enter into this agreement, and, if acting on behalf of a business, are authorized to bind that business. You further represent that your use of our services will comply with all applicable federal, state, and local laws, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, state "do not call" registries, state real estate licensing requirements, consumer protection statutes, and anti-discrimination laws (including the Fair Housing Act).

2. Description of Services

Lotus provides marketing, software, community, data, and lead generation services to real estate professionals including, without limitation, wholesalers, investors, agents, brokers, lenders, and contractors. Our services may include, at our sole discretion:

• Motivated seller lead generation, delivery, and resale
• Paid advertising campaigns across Meta (Facebook / Instagram), Reddit, Google, TikTok, and other networks
• Campaign management, creative production, media buying, and data enrichment
• Partner, operator, and pod-based profit-sharing arrangements
• The Lotus partner portal, deal tracker, messaging hub, and related software
• Educational content including courses, SOPs, articles, templates, and community access
• Referral and affiliate program management and commission payouts
• Consulting, coaching, and done-for-you services, in whatever form is delivered

The specific deliverables, scope, duration, and pricing of each engagement are defined at the point of purchase or in a separate written addendum. We may add, modify, suspend, or discontinue any product, feature, tier, or service at any time, with or without notice, without liability to you.

3. User Accounts and Eligibility

• You must provide accurate, current, and complete information and keep it updated.
• You are solely responsible for safeguarding your credentials and for any activity conducted through your account.
• You agree to notify us immediately of any unauthorized access or suspected breach.
• Accounts are personal and non-transferable. Sharing logins, reselling access, or operating multiple accounts to circumvent limits is prohibited.
• We may verify your identity, profession, licensing, business legitimacy, market, and financial capacity at any time, and may suspend or terminate access if verification fails.
• We may refuse service, cancel orders, or close accounts at our sole discretion, including (without limitation) for chargebacks, fraud signals, abusive behavior, geographic restrictions, competitive conflict, or violation of these Terms.

4. Payment, Subscriptions, and Billing

4.1 Pricing and Authorization

Pricing is as displayed at the time of purchase or as agreed in writing. By providing payment information, you authorize Lotus and its payment processors (including Stripe) to charge the applicable fees, taxes, and any recurring amounts to your payment method. You are responsible for keeping payment information valid and current.

4.2 Recurring Charges and Auto-Renewal

Subscriptions, retainers, monthly services, pay-per-lead top-ups, and pod participation fees automatically renew at the stated interval until cancelled. Cancellation takes effect at the end of the then-current billing period; it does not retroactively cancel prior periods, and it does not entitle you to a refund of amounts already paid.

4.3 No Refunds

All sales are final. Lotus does not issue refunds, credits, make-goods, or price adjustments under any circumstance, including (without limitation) change of mind, dissatisfaction with lead volume, lead quality, conversion rate, revenue, closings, timing, staffing changes on your side, market conditions, ad platform outages, account restrictions, inability to contact a lead, duplicate leads, or a lead transacting with a third party. To the fullest extent permitted by law, you waive any right to rescission, cancellation refund, partial refund, or chargeback for services delivered or made available.

4.4 Chargebacks

Initiating a chargeback in violation of this Section is a material breach. We may (i) immediately suspend all services, (ii) revoke access to the partner portal, training, and community, (iii) cancel any outstanding commissions, (iv) refer the matter to collections, and (v) recover all resulting costs, including processor fees and reasonable attorneys' fees.

4.5 Taxes

You are responsible for all sales, use, VAT, GST, withholding, or similar taxes associated with your purchase, except taxes based on our net income.

5. Lead Generation Services

5.1 No Guarantees of Performance

Lotus does not guarantee, warrant, or promise any specific result, outcome, revenue, profit, return on investment, contract, closed transaction, lead volume, lead quality score, cost-per-lead, cost-per-acquisition, conversion rate, response rate, appointment rate, delivery time, SLA, KPI, or any other performance metric. Any figures, examples, case studies, testimonials, projections, calculators (including any ROI calculator on our website), or statements about "typical" results are illustrative only, are not promises, and are not a basis for reliance. Results depend on market conditions, your skill, your team, your capital, your follow-up, timing, regulation, ad platform behavior, and factors outside our control.

5.2 Lead Exclusivity and Resale After Six Months

Unless a separate written agreement expressly states otherwise, leads delivered to you are non-exclusive. Any lead generated by Lotus and/or delivered to you is owned by Lotus. Starting six (6) months after the date the lead was originally generated, that lead is eligible, at Lotus's sole discretion, to be re-sold to other customers, redistributed, traded, licensed to third parties, used for internal operations (including deals worked by Lotus, its pods, operators, partners, or affiliates), included in data products, or otherwise monetized, in each case without any notice to you, without any additional compensation to you, and without any refund, credit, or discount on past or future purchases. You acknowledge and consent to this re-use as a material condition of the service.

5.3 Lead Delivery and Disputes

Leads are delivered "as-is." We do not guarantee that a lead will be reachable, responsive, motivated, the decision maker, within any particular price range, located at the address provided, or that any information supplied by a lead is accurate. Disputes, if offered at all for a given product tier, must be submitted within the window defined by that tier's policy, follow the required format, and meet the stated criteria. Disputes resolved in your favor are remedied solely by lead replacement, not by refund or credit.

5.4 Compliance

You are solely responsible for lawful use of every lead, including TCPA, DNC, state texting and calling regulations, consumer protection, licensure, Fair Housing, and truth-in-advertising requirements. You will maintain your own records of consent, suppression, and communication. You will indemnify us for any claim arising from your contact with, or use of, a lead.

6. Partner, Operator, and Pod Programs

• Participation in any partner, operator, pod, or profit-share program is subject to additional program rules and may require pre-qualification, proof of capital, experience, and market coverage.
• Profit splits, roles, buyer rights, acquisition rights, and assignment rights are defined per pod/market and may vary; the applicable terms at the time of participation govern.
• Lotus may reassign, rebalance, pause, or terminate pods, territories, or roles at its discretion when in the best interest of the program.
• Any deal data, buyer lists, contracts, or pipeline you enter into the partner portal are used by Lotus to operate, analyze, match, and optimize the program.
• Payouts are made only on collected, non-refunded, non-charged-back revenue and may be clawed back if the underlying transaction is reversed.

7. Referral and Affiliate Program

• Referral attribution is tracked via cookies and links with a 30-day attribution window from first visit; self-referrals, incentivized referrals, coupon sites, and trademark bidding are prohibited.
• Commission tiers and percentages are set by Lotus and may change with notice; the tier in effect at the time a qualifying payment is collected governs that payout.
• Commissions accrue only on cleared, non-refunded, non-charged-back revenue, are subject to clawback, and require a minimum payout threshold.
• Lotus may void any referral or affiliate commission for fraud, fake accounts, TOS violations, or behavior that harms the brand.
• You are solely responsible for taxes on any commissions you receive.

8. SMS, Email, and Phone Communications

By providing your phone number or email and checking the applicable consent box, you expressly consent to receive transactional, operational, promotional, and marketing communications from Lotus Leads LLC via SMS, MMS, email, and phone, including via automated technology. Message and data rates may apply. Frequency varies. Reply STOP to opt out of SMS at any time; reply HELP for help. Consent is not a condition of purchase. Opting out of marketing does not stop transactional messages related to your account.

You agree that any lead you process using our services gave their own consent to be contacted only to the extent indicated in the data we provide; you are independently responsible for obtaining any additional consent required for your outreach.

9. Training, SOPs, Courses, and Community

• All training, video, SOP, course, and community content is licensed to you for your personal, non-transferable use only.
• You may not record, redistribute, repost, train AI models on, resell, or use our content to build a competing product.
• Access may be revoked if your subscription ends, your account is terminated, or you violate community rules.
• Nothing in our content constitutes legal, tax, financial, investment, or real estate advice. Consult a licensed professional.

10. Acceptable Use

You will not:

• Violate any law, regulation, platform policy, or third-party right.
• Use leads or data in violation of TCPA, DNC, CAN-SPAM, state privacy, or Fair Housing laws.
• Scrape, reverse engineer, decompile, or attempt to derive source code from any part of our services.
• Circumvent rate limits, paywalls, authentication, or geo-restrictions.
• Upload malicious code, attempt to gain unauthorized access, or interfere with our infrastructure.
• Use our services to defraud, harass, threaten, defame, or discriminate against any person.
• Resell, sublicense, white-label, or redistribute our services without a written partner agreement.
• Misrepresent affiliation with Lotus or use our brand, trademarks, or likeness without written permission.

11. Intellectual Property

Lotus retains all right, title, and interest in and to our services, software, creatives, copy, methodologies, training content, SOPs, playbooks, datasets, lead records, aggregated data, trademarks, and trade dress. No license is granted to you except the limited, revocable, non-exclusive, non-transferable right to use the services during your active subscription for your internal business purposes. You grant Lotus a worldwide, royalty-free license to use feedback, testimonials, screenshots, and case studies you voluntarily share, and to aggregate and anonymize data generated through your use of the service for analytics, benchmarking, and product improvement.

12. Disclaimers

THE SERVICES AND ALL LEADS, DATA, AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOTUS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

LOTUS MAKES NO REPRESENTATION OR WARRANTY REGARDING LEAD QUALITY, LEAD QUANTITY, CONVERSION, REVENUE, SAVINGS, TIMING, OR ANY ECONOMIC OUTCOME. ANY RELIANCE ON ANY STATEMENT, EXAMPLE, CALCULATOR, OR PROJECTION IS AT YOUR OWN RISK.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOTUS, ITS OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST GOODWILL, LOST DATA, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO LOTUS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE).

14. Indemnification

You agree to defend, indemnify, and hold harmless Lotus Leads LLC and its officers, members, employees, contractors, partners, operators, and affiliates from and against any and all claims, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising from or related to (a) your use or misuse of the services or any lead, (b) your breach of these Terms or any representation herein, (c) your violation of any law or third-party right (including TCPA, DNC, Fair Housing, or data-privacy laws), (d) your content, communications, or conduct with any lead, and (e) any dispute between you and a lead, buyer, seller, partner, or platform.

15. Termination

We may suspend or terminate your access to all or part of the services at any time, with or without cause or notice, at our sole discretion. Upon termination, your license to the services ends, prepaid fees are non-refundable, and Sections that by their nature should survive (including payment obligations, IP, disclaimers, limitations of liability, indemnity, lead re-use, and dispute resolution) will survive.

16. Dispute Resolution; Binding Arbitration; Class Waiver

Any dispute, claim, or controversy arising out of or relating to these Terms or the services ("Dispute") will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in the county and state of Lotus's principal place of business, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver. YOU AND LOTUS AGREE THAT DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. JURY TRIAL IS WAIVED.

Either party may seek injunctive relief in court for intellectual property, confidentiality, or unauthorized-use claims. Any claim must be brought within one (1) year of the event giving rise to it or be permanently barred.

17. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles. Subject to Section 16, the exclusive venue for any action not subject to arbitration is the state or federal courts located in Delaware, and you consent to personal jurisdiction there.

18. Force Majeure

Lotus is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, cyberattack, platform outages or policy changes (including by Meta, Google, Reddit, Stripe, Supabase, or telecom carriers), labor disputes, supply-chain interruption, internet failure, or governmental action.

19. Changes to Terms

We may modify these Terms at any time. Material changes will be posted on this page with an updated "Last Updated" date and, where required, communicated by email or in-app notice. Your continued use of the services after the effective date constitutes acceptance. If you do not accept the revised Terms, you must stop using the services; no refund is owed for unused time.

20. Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. Lotus may assign these Terms, in whole or in part, at any time without notice, including in connection with a merger, acquisition, sale of assets, or financing.

21. Notices

Notices to you may be sent to the email address on your account or posted in-app. Notices to Lotus must be sent to the email address below. Electronic notices are deemed received when sent.

22. Severability; Entire Agreement

If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable and the remaining provisions will remain in full force. These Terms, together with our Privacy Policy and any order form or addendum, constitute the entire agreement between you and Lotus regarding the services and supersede any prior or contemporaneous communications. No waiver is effective unless in writing and signed by Lotus.

23. Contact