TERM AND SERVICES

TERMS OF SERVICE & SMS PROGRAM AGREEMENT

Lead Core Solution | Operated by Jurgen Berberi

Last Updated: March 2026

PLEASE READ THESE TERMS CAREFULLY BEFORE OPTING IN. By opting into the Lead Core Solution SMS Program, accessing our services, or submitting your contact information through any Lead Core Solution channel, you ("User," "you," or "your") agree to be legally bound by these Terms of Service ("Agreement") with Lead Core Solution, operated by Jurgen Berberi ("Company," "we," "us," or "our"), located at Manhattan, New York. If you do not agree to these terms, do not opt in or use our services.

1. SMS PROGRAM DESCRIPTION

Lead Core Solution operates an SMS communication program under the name Lead Core Solution SMS Program. By opting in, you agree to receive text messages related to our services. These messages may include appointment reminders, lead follow-up communications, service updates, account notifications, responses to inquiries, promotional offers, and marketing communications. Message frequency may vary based on your engagement with our services.

2. CONSENT TO RECEIVE SMS COMMUNICATIONS

By providing your mobile phone number and opting into our SMS program, you expressly consent to receive automated and/or pre-recorded text messages from Lead Core Solution, operated by Jurgen Berberi, at the mobile number you provided. You acknowledge and agree that:

(a) Nature of Messages: Messages may include appointment reminders, lead follow-up communications, service updates, account notifications, responses to inquiries, promotional offers, and marketing communications related to Lead Core Solution's services.

(b) Automated Technology Disclosure: Messages may be sent using automated dialing technology and/or artificial intelligence-assisted systems. You are not required to consent to receive automated messages as a condition of purchasing any goods or services from Lead Core Solution.

(c) Consent Recording: Your opt-in consent, including the date, time, method of opt-in, and the phone number provided, is recorded and stored by Lead Core Solution in compliance with TCPA recordkeeping requirements. This record serves as evidence of your express written consent.

(d) Prior Express Written Consent: For any marketing or promotional messages, your opt-in constitutes "prior express written consent" as defined under 47 C.F.R. Section 64.1200 and the FCC's 2024 amended TCPA rules.

(e) Third-Party Numbers Prohibited: By opting in, you represent and warrant that you are the subscriber or customary user of the mobile number provided, and that you have legal authority to consent on behalf of that number. Providing a number that is not yours is a violation of these Terms and may expose you to legal liability.

3. OPT-OUT INSTRUCTIONS

You can cancel the SMS service at any time. Simply text "STOP" to the number from which you received the message. Upon sending "STOP," we will confirm your unsubscribe status via SMS. After this confirmation, you will no longer receive SMS messages from us. If you experience issues, reply "HELP" or contact us at [email protected].

4. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEAD CORE SOLUTION, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY: (A) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OUR SMS PROGRAM OR SERVICES; (B) FAILURE OR DELAY IN DELIVERY OF ANY SMS MESSAGE DUE TO CARRIER NETWORK ISSUES, TECHNICAL FAILURES, OR CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL; (C) DAMAGES ARISING FROM RELIANCE ON ANY INFORMATION OR COMMUNICATION SENT THROUGH OUR SMS PROGRAM.

IN NO EVENT SHALL LEAD CORE SOLUTION'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT YOU PAID TO LEAD CORE SOLUTION IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (II) ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

5. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Lead Core Solution, its owner Jurgen Berberi, officers, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Lead Core Solution SMS program or services; (b) your violation of any provision of these Terms; (c) your provision of a mobile phone number that belongs to a third party without that party's consent; (d) any claim by a third party that your use of our services violated their rights, including TCPA claims, privacy claims, or harassment claims; (e) any false or misleading information you provided to Lead Core Solution in connection with your enrollment or use of our services.

Lead Core Solution reserves the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defense of such claims.

6. GOVERNING LAW, JURISDICTION & DISPUTE RESOLUTION

(a) Governing Law: These Terms of Service and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

(b) Mandatory Arbitration: ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE DETERMINED BY BINDING ARBITRATION IN NEW YORK COUNTY, NEW YORK, BEFORE A SINGLE ARBITRATOR, IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION (AAA) CONSUMER ARBITRATION RULES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

(c) Class Action Waiver: YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST LEAD CORE SOLUTION. ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY.

(d) Exception for Injunctive Relief: Either party may seek injunctive or other equitable relief in any court of competent jurisdiction in New York County, New York, to prevent irreparable harm pending arbitration.

(e) Statute of Limitations: Any claim arising under these Terms must be brought within one (1) year of the date the claim arose, or it shall be permanently barred, regardless of any statute of limitations to the contrary.

7. DISCLAIMER OF WARRANTIES & SERVICE INTERRUPTION

(a) As-Is Service: THE LEAD CORE SOLUTION SMS PROGRAM AND ALL RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

(b) No Guarantee of Results: Lead Core Solution does not warrant or guarantee any specific business outcomes, including but not limited to lead conversion rates, appointment booking rates, revenue increases, or response times. Any statistics or results referenced in our marketing materials represent past client experiences and are not guarantees of future performance.

(c) Service Interruptions: Lead Core Solution does not guarantee uninterrupted or error-free access to its services. We shall not be liable for any service interruption caused by carrier networks, third-party platforms, internet outages, force majeure events, or circumstances beyond our reasonable control.

(d) Third-Party Platforms: Our services operate in conjunction with third-party platforms and carriers. Lead Core Solution makes no warranties regarding the performance or availability of such third-party services.

8. MODIFICATIONS TO TERMS & TERMINATION

(a) Right to Modify: Lead Core Solution reserves the right to modify these Terms at any time. We will provide notice of material changes by updating the Last Updated date at the top of this document. Your continued use of our services following notification of changes constitutes your acceptance of the revised Terms.

(b) Right to Terminate: Lead Core Solution reserves the right to suspend or terminate your access to our services at any time, with or without cause, including cases where you violate these Terms, we suspect fraudulent behavior, or we are required to do so by law.

(c) Effect of Termination: Sections 4 (Limitation of Liability), 5 (Indemnification), 6 (Governing Law), and 9 (Data Retention) shall survive termination of these Terms.

9. DATA COLLECTION, RETENTION & PRIVACY

(a) Data Collected: Lead Core Solution collects the following: name, mobile phone number, email address, opt-in date and time, opt-in method, message history, and service interaction data.

(b) Purpose of Use: This data is used exclusively to deliver SMS communications you have consented to receive, manage your account, comply with legal obligations, and improve our services.

(c) Consent Record Retention: In compliance with TCPA requirements, Lead Core Solution retains records of your opt-in consent for a minimum of four (4) years from the date of opt-in or last interaction, whichever is later.

(d) No Sale of Data: Lead Core Solution does not sell, rent, or trade your personal information to third parties for their marketing purposes.

(e) California Residents (CCPA): If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA), including the right to know what personal information we collect, the right to request deletion, and the right to opt out of the sale of personal information. To exercise these rights, contact us at [email protected].

(f) Carrier Disclaimer: Carriers are not liable for delayed or undelivered messages. Message and data rates may apply. For questions about your text or data plan, contact your wireless carrier.

(g) Full Privacy Policy: https://leadcoresolution.com/privacy-policy

10. LEAD CORE SOLUTION SERVICE TERMS

(a) Scope of Services: Lead Core Solution provides AI-powered lead capture, lead qualification, automated appointment booking, follow-up automation, marketing services, website design and development, CRM integration, and related business automation services as described at leadcoresolution.com.

(b) No Guarantee of Specific Results: While Lead Core Solution employs industry-leading automation and AI technologies, we do not guarantee specific outcomes including leads captured, appointments booked, revenue generated, or response times. Results vary based on industry, market conditions, offer quality, and client engagement.

(c) Client Responsibilities: You agree to provide accurate business information, timely access to necessary accounts and platforms, and reasonable cooperation required for Lead Core Solution to deliver its services. Failure to cooperate may result in service delays for which Lead Core Solution bears no liability.

(d) Subscription & Payment Terms: Access to Lead Core Solution's services is provided on a subscription basis. Subscriptions renew automatically unless cancelled. You authorize Lead Core Solution to charge your payment method on file for all applicable fees. All fees are non-refundable unless otherwise stated in a separate written agreement.

(e) Cancellation Policy: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No prorated refunds will be issued for partial billing periods.

(f) Intellectual Property: All systems, workflows, automations, website designs, templates, and processes developed or provided by Lead Core Solution remain the intellectual property of Lead Core Solution unless explicitly transferred in a separate written agreement. You are granted a limited, non-exclusive, non-transferable license to use these systems for the duration of your active subscription.

(g) Confidentiality: Both parties agree to maintain the confidentiality of any proprietary business information, client data, or trade secrets disclosed in connection with the Services, and not to disclose such information to any third party without prior written consent.

11. COMPLIANCE WITH INDUSTRY STANDARDS

Lead Core Solution's SMS program complies with applicable industry standards, including CTIA guidelines, A2P 10DLC messaging requirements, and applicable FCC regulations. By opting in, you confirm you are at least 18 years of age.

12. GENERAL PROVISIONS

(a) Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Lead Core Solution and supersede all prior agreements, communications, or understandings, whether written or oral.

(b) Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

(c) No Waiver: Lead Core Solution's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right. Any waiver must be in writing and signed by an authorized representative of Lead Core Solution.

(d) Assignment: You may not assign your rights or obligations under these Terms without prior written consent of Lead Core Solution. Lead Core Solution may freely assign these Terms in connection with a merger, acquisition, or sale of assets.

(e) Force Majeure: Lead Core Solution shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, pandemics, government actions, carrier network failures, cyberattacks, or third-party platform outages.

(f) Contact Information:

Lead Core Solution | Operated by Jurgen Berberi

Email: [email protected]

Phone: 1 (518) 520-1815

Website: https://leadcoresolution.com

Address: Manhattan, New York