Terms of Service

1. Services Provided

Penguin Leads provides insurance lead data and Auto dialer platform access to licensed insurance agents and brokers on a subscription or one-time purchase basis. Our services span multiple insurance verticals, including but not limited to: life insurance, Medicare, mortgage protection, solar, pest control, home security, and veteran life insurance leads.

Leads consist of contact information and relevant demographic data for individuals who have previously expressed interest in insurance or related products through third-party opt-in networks. We do not guarantee that any lead contact will ultimately purchase a policy.

Our services are intended solely for use by licensed insurance professionals operating in compliance with all applicable laws. By using our services, you represent and warrant that you hold all required licenses and appointments in the states where you conduct business.

2. Eligibility and Account Registration

To use our services, you must:

• Be at least 18 years of age
• Be a licensed insurance professional or operate a licensed insurance agency
• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate
• Be capable of entering into legally binding contracts under applicable law

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at support@penguinlead.com if you suspect unauthorized access to your account. We are not liable for losses resulting from unauthorized use of your credentials.

Accounts may not be transferred, sold, or shared with other individuals or entities without our written consent.

3. Subscription Plans and Billing

We offer subscription-based and one-time purchase plans. Subscription plans are billed on a recurring weekly basis unless otherwise specified. By enrolling in a subscription, you authorize us and our payment processors (Stripe, FanBasis) to charge your payment method on a recurring basis at the then-current rate until you cancel.

• Billing cycle: Subscriptions renew automatically at the end of each billing period (weekly).
• Price changes: We reserve the right to change subscription prices upon 7 days' notice. Continued use after notice constitutes acceptance of the new pricing.
• Failed payments: If a payment fails, we may suspend or terminate your access until payment is resolved. We may retry failed charges.
• Taxes: Prices do not include applicable taxes. You are responsible for any applicable sales, use, or similar taxes.

4. No Refund Policy

ALL SALES ARE FINAL. WE DO NOT ISSUE REFUNDS.

Due to the nature of digital lead data and platform access services, no refunds will be issued after payment has been processed, including but not limited to:

• One-time lead pack purchases
• Weekly subscription charges (including partial weeks)
• Subscription renewals
• Any add-on or supplemental service purchases

By completing a purchase, you explicitly acknowledge and accept this no-refund policy. If you believe a charge was made in error, contact support@penguinlead.com within 48 hours of the charge. We will review and respond within 5 business days, but we make no guarantee of any credit or adjustment.

5. Subscription Cancellation

You may cancel your subscription at any time through your account dashboard or by contacting support@penguinlead.com. Cancellation requests must be received at least 24 hours before your next billing date to prevent the next charge.

• Upon cancellation, your subscription remains active through the end of the current paid period.
• No partial refunds are issued for unused days remaining in the current billing period.
• Access to leads, the dialer, and other subscription features will cease at the end of the paid period.

6. Lead Delivery

• Subscription lead delivery: Leads are delivered on an ongoing basis to active subscribers, typically within 2–3 business days of subscription activation.
• One-time lead orders: Lead orders are typically delivered within 2–3 business days of order confirmation.
• Delivery method: One-time $1 lead packs are sent to the email address on your account; order status is available in your dashboard. Other products may use the dashboard or email/CSV as configured.
• Volume: Lead volume may vary based on availability in your selected states and verticals. We do not guarantee a specific number of leads per period unless a specific count was purchased.

Penguin Leads is not liable for delays caused by circumstances outside our reasonable control, including but not limited to third-party data provider disruptions, force majeure events, or your failure to configure your account correctly.

7. No Guarantee of Results

PENGUIN LEADS DOES NOT GUARANTEE ANY SPECIFIC CONVERSION RATES, CONTACT RATES, SALES OUTCOMES, COMMISSIONS EARNED, OR INCOME RESULTS.

Performance statistics, testimonials, or case studies shared on our website reflect individual results and are not a promise or projection of your future results. Lead quality, contact rates, and conversion rates depend heavily on factors outside our control, including your sales skills, market conditions, state regulations, and the time elapsed since a lead was generated. Results will vary.

Any income or earnings representations made by Penguin Leads or its affiliates are estimates only and are not guarantees of income. Individual results may be substantially lower or higher depending on your effort, experience, and market conditions.

8. Compliance with Laws — Your Responsibility

You are solely and exclusively responsible for ensuring that your use of lead data complies with all applicable federal, state, and local laws and regulations, including but not limited to:

• Telephone Consumer Protection Act (TCPA): You must have appropriate consent before calling, texting, or using an auto dialer to contact any lead. Prior express written consent may be required for certain communications.
• National Do Not Call Registry: You must scrub lead lists against applicable Do Not Call registries before contacting any individual.
• State Do Not Call Lists: Many states maintain their own DNC lists. Compliance is your responsibility.
• State Insurance Regulations: You must hold the appropriate insurance license and appointments in every state in which you solicit insurance.
• FTC Regulations: You must comply with all Federal Trade Commission regulations applicable to your marketing and sales practices.
• CAN-SPAM Act: If you use email to contact leads, you must comply with the CAN-SPAM Act.
• CCPA and other state privacy laws: If applicable to your business, you must comply with all relevant consumer privacy regulations.

Penguin Leads provides lead data only. The manner, method, and legality of your outreach is entirely your responsibility. By using our services, you agree to indemnify and hold Penguin Leads harmless from any claims, penalties, fines, or damages arising from your failure to comply with applicable laws.

9. SMS / Text Messaging

By separately checking the optional promotional SMS box at checkout, you give affirmative written consent to receive recurring automated promotional text messages from Penguin Leads LLC at the phone number provided. Providing your number or agreeing to the purchase terms does not enroll you in marketing. Any consent for informational account or service texts is separate from marketing consent.

10. Acceptable Use / Prohibited Conduct

You agree that you will NOT:

• Use lead data for any purpose other than lawful insurance sales and marketing
• Resell, redistribute, sublicense, or share lead data with any third party without our written consent
• Use our platform to engage in spam, harassment, fraud, or any illegal activity
• Contact lead consumers in violation of the TCPA, DNC Registry, or any other applicable law
• Attempt to reverse-engineer, scrape, copy, or extract our platform, database, or proprietary data
• Use automated tools to access our services in a manner that exceeds normal usage patterns
• Impersonate any person or entity or misrepresent your affiliation with any entity
• Upload or transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to our systems or another user's account
• Use our services if you have been previously suspended or banned from our platform

We reserve the right to suspend or permanently terminate your account, without refund, if we determine in our sole discretion that you have violated these acceptable use requirements.

11. Intellectual Property

All content, software, design, trademarks, logos, and technology on the Penguin Leads platform are the exclusive property of Penguin Leads or its licensors and are protected by applicable intellectual property laws. Nothing in these Terms grants you any right, title, or interest in our intellectual property.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our platform and the lead data you have purchased solely for your personal, internal, lawful insurance business purposes during the term of your active subscription or after a one-time purchase.

12. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, PENGUIN LEADS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• ANY WARRANTY THAT LEADS WILL BE ACCURATE, COMPLETE, CONTACTABLE, OR RESULT IN SALES
• ANY WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES
• ANY WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR SERVICES

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PENGUIN LEADS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES
• DAMAGES ARISING FROM YOUR RELIANCE ON LEAD DATA OR YOUR USE OF OUR SERVICES
• TCPA VIOLATIONS, REGULATORY FINES, OR LEGAL PENALTIES INCURRED BY YOU

IN ANY CASE, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE 30 DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the limitation of certain warranties or damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Penguin Leads and its officers, directors, employees, agents, and successors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of our services or lead data
• Your violation of these Terms
• Your violation of any applicable law, including the TCPA, DNC regulations, or state insurance laws
• Your infringement of any third-party rights
• Any claim by a lead contact arising from your outreach to them

15. Dispute Resolution — Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of our services ("Dispute") shall be resolved exclusively through binding individual arbitration, except as otherwise provided in this section. You agree to waive your right to a jury trial and to participate in a class action lawsuit.

• Informal resolution first: Before initiating arbitration, you agree to contact us at support@penguinlead.com and give us 30 days to attempt to resolve the dispute informally.
• Arbitration rules: If informal resolution fails, arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or another mutually agreed-upon arbitration provider.
• Location: Arbitration may be conducted by telephone, online, or in the county of your residence, at your election.
• Arbitration fees: We will pay arbitration filing fees for claims under $10,000 unless the arbitrator finds your claim frivolous.
• Class action waiver: YOU AND PENGUIN LEADS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
• Exceptions: Either party may bring individual claims in small claims court if the dispute qualifies. Either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, the state in which Penguin Leads is incorporated, without regard to conflict of law principles. To the extent any dispute proceeds in court (as permitted under Section 15), you consent to the exclusive jurisdiction of the state and federal courts located in that state.

17. Termination

We reserve the right to suspend or terminate your account and access to our services at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or any applicable law
• Fraudulent, abusive, or harmful conduct
• Non-payment or repeated payment failures
• At our sole discretion for business reasons

Upon termination, your right to use our services ceases immediately. Provisions of these Terms that by their nature should survive termination (including Sections 4, 7, 8, 12, 13, 14, 15, and 16) shall survive.

18. Force Majeure

Penguin Leads shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, internet or power outages, third-party service failures, or civil unrest.

19. Entire Agreement / Severability

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Penguin Leads with respect to your use of our services and supersede all prior agreements. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.

20. Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce that provision in the future. No waiver of any provision shall be effective unless in writing and signed by an authorized representative of Penguin Leads.

21. Changes to These Terms

We reserve the right to update or modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page with a new effective date, and where appropriate, by emailing registered users. Your continued use of our services after the effective date of any changes constitutes your acceptance of the revised Terms.

23. Website Tracking, Cookies and Pixels — Your Consent

Our website uses cookies, pixels, tags and similar tools, loaded through Google Tag Manager, from us and from third parties including Meta Platforms, Inc. (the Meta Pixel) and Google LLC (Google Analytics, Google Ads and DoubleClick). When you visit or use the website, these tools record and send information about your visit to us and to those companies, such as the web addresses and pages you view, buttons you click, forms you start or submit, purchases, your browser and device, your IP address, and cookie or advertising IDs. We and these companies use this information to run and secure the site, measure and improve our advertising, and show you ads on other sites and apps. These companies may also use it under their own privacy policies. Details are in Section 7 of our Privacy Policy.

By visiting or using this website, you agree to this collection, recording and sharing of your activity and communications on the site with us and with these third parties, as it happens while you use the site. If you do not agree, please do not use the website. You can limit this tracking with your browser settings, ad-blocking tools, and the ad settings offered by Meta and Google.

California residents: you expressly consent to the recording, interception and sharing described in this section for purposes of the California Invasion of Privacy Act, California Penal Code sections 630 through 638.55, including sections 631, 632, 632.7 and 638.51.

Federal law: Penguin Leads LLC is a party to your communications with this website and consents to the use of these tools for purposes of the Electronic Communications Privacy Act, 18 U.S.C. section 2511(2)(d).