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Keep Busy Leads

Terms of Service

Effective date: Last updated:

These Terms of Service (“Terms”) govern your use of the services, website and client portal provided by Keep Busy Leads LLC (“Keep Busy Leads,” “we,” “us” or “our”). Please read them carefully. Section 20 contains a binding arbitration agreement and class action and jury trial waivers that affect how disputes are resolved.

1. Agreement to these terms

By creating an account, funding a balance, receiving calls from us or otherwise using our services, you agree to these Terms on behalf of yourself and the business you represent (“Client,” “you” or “your”). You represent that you are authorized to bind that business. If you do not agree, do not use the services. If you and we sign a separate written order form or agreement, its specific terms (such as pricing, service areas or campaign rules) control where they conflict with these Terms.

2. Definitions

  • “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with Keep Busy Leads LLC. “Control” means owning more than 50% of an entity’s voting interests or having the power to direct its management and policies.
  • “Keep Busy Leads Parties” means Keep Busy Leads LLC, its Affiliates, and each of their respective members, managers, officers, directors, employees and agents.
  • “Caller” means a person whose call is screened by us or forwarded to you through the services.
  • “Caller Data” means information about a Caller or a call, including the phone number, caller ID, call time, recording, transcript, summary and any details the Caller shares.

3. Description of services

Keep Busy Leads provides pay-per-call lead generation for home service businesses. Depending on your campaign, the services include:

  • advertising and marketing designed to generate inbound calls from consumers looking for services in the trades and markets agreed for your campaign;
  • answering inbound calls with an automated phone menu (IVR) and spam filtering, and forwarding screened callers to the phone number you designate;
  • recording and transcribing calls and analyzing them with automated (AI) tools and staff review;
  • charging qualified calls against your prepaid balance; and
  • a client portal at app.keepbusyleads.com where you can review calls, recordings, transcripts, summaries, charges and your balance, and request reviews.

Calls may reach you through phone numbers, advertising and other marketing channels operated by Keep Busy Leads or its Affiliates. Phone numbers, advertising, web pages and other marketing assets that we or our Affiliates create or operate remain the property of Keep Busy Leads or its Affiliates. Calls generated for your campaign are routed to your business only while your campaign is active with us.

4. Our role

Keep Busy Leads is an advertising and lead generation service. We connect consumers who are looking for a service with businesses that offer it. We are not a contractor, and we do not perform, supervise, inspect or guarantee any work you quote or perform for Callers. Any estimate, contract, job, payment, warranty or dispute is solely between you and the Caller.

We do not endorse, recommend or vouch for any Caller or any Client, and we do not verify Callers’ identities, intentions or ability to pay. We do not guarantee call volume, conversion to booked jobs, revenue, or the quality of any call beyond the billing rules in Section 7 and the review process in Section 8.

To the fullest extent permitted by law, you release the Keep Busy Leads Parties from all claims, demands and damages of every kind arising out of or connected with any dispute between you and a Caller.

5. Accounts and eligibility

You must be a business, at least 18 years old, and provide accurate and complete information, including the services you offer, your service area and the phone number calls should be forwarded to. Keep this information current. You are responsible for all activity under your account and for keeping login credentials confidential. Notify us promptly at hello@keepbusyleads.com of any unauthorized use.

6. Prepaid balance and billing

  • Prepaid balance. Services are paid in advance. You fund a balance in the client portal using a payment method processed by our third-party payment processor. You authorize us and our processor to charge your payment method for top-ups you request and, if you enable automatic top-ups, for automatic top-ups under the settings you choose.
  • Per-call charges. Each qualified call is deducted from your balance at the per-call price agreed for your trade and market. Pricing depends on niche and area and is provided in your quote or order form. We may change prices for future calls with advance notice.
  • Low and zero balance. We will notify you when your balance runs low. If your balance reaches zero, your campaign is paused until you add funds. Calls received while a campaign is paused are not charged.
  • Pending review. If our automated analysis is not confident about a call, the charge may be held until our team reviews the call.
  • Refunds of unused balance. Funds are applied to calls and are non-refundable, except for credits issued through accepted reviews, as required by law, or as provided in Section 18 on termination.
  • Taxes. Prices exclude taxes. You are responsible for any applicable taxes other than taxes on our income.
  • Chargebacks. Please contact us before disputing a payment with your bank. We may suspend services while a chargeback is pending.

7. Qualified and non-billable calls

A call is qualified (billable) when a caller contacts us about a service you offer and is forwarded to you. This includes callers who book an appointment, callers asking about price, and qualified callers who do not book (for example, because they disagree on price, choose another provider or later cancel). Unless your campaign rules say otherwise, a screened call that is forwarded to you but goes unanswered, or drops after reaching your line, is also billable.

A call is not billable when it is:

  • blocked by our spam filter, or is a robocall or other spam;
  • a wrong number;
  • from a job seeker;
  • a sales pitch or other solicitation;
  • a request for a service you do not provide;
  • from a caller who states they are your existing or previous customer;
  • from a caller who states a location outside your service area;
  • from a caller who states they were referred to you directly;
  • from a phone number that already produced a billable call for your campaign within the previous 30 days;
  • received while your campaign is paused; or
  • shorter than a minimum billable duration, if one is set in your campaign rules.

Classification is based on the call recording, transcript and call data, using automated analysis and staff review. Specific billing rules may be agreed per campaign in your order form.

8. Call reviews and disputes

If you believe a charged call should not be billable, you may request a review from the call page in the client portal within 7 days of the call. You must select one of the non-billable reasons listed in Section 7 and may add a comment. We will review the recording, transcript and call data and decide in good faith. If the review is accepted, the charge is credited back to your balance and the call is marked non-billable. If it is rejected, you will see our explanation in the portal. Each call may be reviewed once, and our decision on a review is final. Charges not disputed within the review window are final.

9. No guarantee of call volume or results

Call volume depends on factors outside our control, including the policies and availability of advertising and marketing channels, seasonality, weather, competition and demand in your market. We do not guarantee any number of calls, appointments, jobs, conversion rate, revenue or other results, or that any advertising or marketing channel will remain available or perform at any particular level. Past call volume does not predict future volume.

10. Client warranties and obligations

You represent, warrant and agree that you will:

  • Licensing and insurance. Hold and maintain, for as long as you receive calls from us, all licenses, registrations, permits, bonds and insurance required for your trade in every area you serve, and provide your license numbers and proof of insurance to us on request.
  • Compliance with law. Comply with all laws that apply to your business, including consumer protection, advertising, home improvement and contractor licensing laws, and privacy and telemarketing laws (such as the Telephone Consumer Protection Act).
  • Call recording on your side. Our default call flow plays a recording notice to Callers before they are connected. Some states require the consent of all parties to record a call. If you record calls on your side, or ask us to change or remove a recording notice, you are responsible for giving any notice and obtaining any consent the law requires.
  • Your work and your customers. Answer forwarded calls promptly and professionally during your agreed business hours, and provide the services you advertise in a competent and lawful manner. You are solely responsible for all dealings with Callers, including estimates, pricing, contracts, the work you perform, payment, warranties, complaints and disputes.
  • Honest reviews. Not write, buy, post or solicit fake or misleading reviews or testimonials, not offer incentives conditioned on positive reviews, and comply with the Federal Trade Commission’s Trade Regulation Rule on the Use of Consumer Reviews and Testimonials (16 C.F.R. Part 465) and its Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255).
  • Accurate business information. Keep your business name, services, service area, hours, licensing details and forwarding number accurate and current in your account, and not misrepresent your business, licenses, pricing or services to Callers.
  • Caller Data. Use Caller Data only to respond to and serve the Caller who contacted you; not sell, rent, share or resell Caller Data or use it for unrelated marketing; honor any Caller’s request not to be contacted and comply with do-not-call laws and registries; and protect Caller Data with reasonable security.

11. Acceptable use

You may not:

  • generate artificial or fraudulent calls, call our numbers yourself or through others to inflate or test charges, or otherwise manipulate billing;
  • use the services for any unlawful, deceptive, harassing or abusive purpose;
  • misrepresent your business, licenses, pricing or services to callers;
  • access the portal by automated means beyond normal use, attempt to gain unauthorized access, or interfere with or disrupt the services; or
  • copy, modify, reverse engineer or resell the services, our marketing assets or the portal.

We may suspend or terminate access for any violation of this section.

12. Call data and privacy

Our Privacy Policy describes how we handle personal information. You may access recordings, transcripts and analysis of calls routed to you through the portal, and you may download them for your internal business use in compliance with applicable law and Section 10. We may use call data, in de-identified or aggregated form where practical, to operate, secure and improve the services.

13. Intellectual property

The services, website, portal, advertising and marketing assets, tracking phone numbers, software, content and our trademarks are owned by Keep Busy Leads LLC, its Affiliates or their licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to use the portal for your internal business purposes while your account is active. You retain rights in your business name, logo and content you provide, and grant us and our Affiliates a license to use them to operate your campaign. If you send us feedback, we may use it without obligation to you.

14. Service changes and suspension

We may add, change, limit or discontinue features of the services, including the trades, markets and marketing channels we offer, at any time. Where practical, we will give you advance notice of changes that materially reduce the services.

We may suspend all or part of the services, with or without notice, if:

  • your balance is unpaid, or a payment is reversed or charged back;
  • you breach these Terms, or we reasonably suspect fraud or abuse;
  • we reasonably believe continued service would create legal, regulatory, security or reputational risk for the Keep Busy Leads Parties, Callers or others, including a lapse in your licensing or insurance; or
  • a carrier, platform, court or government authority requires it.

Calls received while your campaign is suspended are not charged.

15. Disclaimer of warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, THE KEEP BUSY LEADS PARTIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT EVERY CALL WILL BE CONNECTED, RECORDED OR TRANSCRIBED, THAT TRANSCRIPTS AND AUTOMATED ANALYSIS WILL BE COMPLETE OR ACCURATE, OR THAT THE SERVICES WILL PRODUCE ANY PARTICULAR RESULT. TELEPHONE SERVICE DEPENDS ON THIRD-PARTY CARRIERS AND PLATFORMS. WE DO NOT VERIFY CALLERS’ IDENTITIES OR INTENTIONS AND ARE NOT RESPONSIBLE FOR CALLERS’ CONDUCT OR FOR THE WORK YOU PERFORM FOR THEM.

16. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE KEEP BUSY LEADS PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, JOBS, BUSINESS, DATA OR GOODWILL, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THEIR POSSIBILITY.

THE TOTAL AGGREGATE LIABILITY OF THE KEEP BUSY LEADS PARTIES ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE LESSER OF (A) THE AMOUNTS YOU PAID US FOR QUALIFIED CALLS IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) US $500.

These exclusions and limitations apply even if a remedy fails of its essential purpose, except to the extent applicable law does not allow a particular exclusion or limitation. Nothing in this section limits your obligation to pay amounts owed or your obligations under Section 17.

17. Indemnification

You will defend, indemnify and hold harmless the Keep Busy Leads Parties from and against any claims, demands, losses, liabilities, damages, fines, penalties and expenses (including reasonable attorneys’ fees) arising out of or relating to:

  • the services or work you provide, or fail to provide, to Callers or anyone else;
  • your licensing, registration or insurance, including any license, registration or insurance you were required to hold but did not;
  • your breach of these Terms, including your warranties in Section 10;
  • your violation of applicable law, including call-recording, consumer protection, advertising, telemarketing and privacy laws; or
  • your use or misuse of Caller Data.

We may participate in the defense with counsel of our choice at our own expense. You may not settle any claim in a way that imposes an obligation on a Keep Busy Leads Party without our prior written consent.

18. Term and termination

There is no long-term contract. You may stop using the services at any time by notifying us. We may suspend or terminate the services, with or without notice, if you breach these Terms, fail to pay, engage in fraud or abuse, or if we discontinue service in your trade or market. On termination, your access to the portal may end, and we will stop forwarding calls to you. If you close your account in good standing, you may request a refund of any unused prepaid balance, less amounts owed and any pending charges; we do not refund balances when we terminate for your breach or fraud. Sections that by their nature should survive termination (including payment, disclaimers, limitation of liability, indemnification and governing law) will survive.

19. Governing law and venue

These Terms and any dispute arising out of or relating to them or the services are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules, and by applicable federal law. The Federal Arbitration Act governs the interpretation and enforcement of Section 20.

Any matter that is not subject to arbitration under Section 20, other than an individual claim in small claims court, will be brought exclusively in the state or federal courts located in Williamson County, Texas, and each party consents to the personal jurisdiction and venue of those courts.

20. Binding arbitration and class action waiver

Please read this section carefully. It affects your legal rights.

  • Informal resolution first. Before starting arbitration or a court case, each party agrees to try to resolve the dispute informally by sending the other a written description of the dispute and negotiating in good faith for at least 30 days. Notices to us go to hello@keepbusyleads.com.
  • Agreement to arbitrate. Except as stated below, any dispute, claim or controversy between you and any Keep Busy Leads Party arising out of or relating to these Terms or the services, including disputes about the scope or enforceability of this section, will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules in effect when the arbitration is filed. A single arbitrator will decide the dispute and may award the same individual relief a court could award, subject to these Terms. Judgment on the award may be entered in any court with jurisdiction.
  • Location. The seat of arbitration is Williamson County, Texas. Hearings will take place in Williamson County, Texas or, if either party requests it or the arbitrator so decides, by telephone or video conference.
  • Small claims. Either party may instead bring an individual claim in small claims court if the claim qualifies and remains in that court on an individual basis.
  • Injunctive relief. Either party may go to court, without first arbitrating, for temporary, preliminary or permanent injunctive relief to protect its intellectual property or to stop unauthorized access to, fraud involving, or misuse of the services or Caller Data.
  • Class action waiver. You and we may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate the claims of more than one business or preside over any class or representative proceeding.
  • Jury trial waiver. To the fullest extent permitted by law, you and we each waive any right to a jury trial for any dispute arising out of or relating to these Terms or the services, whether the dispute is heard in arbitration or in court.
  • Opt-out. You may opt out of this arbitration agreement by sending written notice to hello@keepbusyleads.com within 30 days after you first create your account. The notice must include your business name, the email address on your account and a clear statement that you are opting out of arbitration. Opting out does not affect any other part of these Terms, including the class action and jury trial waivers to the extent permitted by law.
  • Severability. If the class action waiver is found unenforceable as to any claim, this arbitration agreement is void only as to that class, collective or representative claim, which must proceed in the courts described in Section 19; all other claims remain subject to individual arbitration. If any other part of this section is found unenforceable, the rest of this section remains in effect.

21. Changes to these terms

We may update these Terms from time to time. We will post the updated Terms on this page and update the date above. If the changes are material, we will notify you through the portal or by email before they take effect. Continued use of the services after the effective date means you accept the updated Terms.

22. General

  • Entire agreement. These Terms, together with any order form and our Privacy Policy, are the entire agreement between you and us about the services and replace any prior understandings on that subject.
  • Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an Affiliate or in connection with a merger, acquisition, reorganization or sale of assets.
  • Force majeure. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including carrier, platform or internet outages, natural disasters, severe weather, labor disputes, government action, or acts of war or terrorism.
  • Notices. Notices to us must be sent by email to hello@keepbusyleads.com. Notices to you may be sent to the email address on your account or through the portal and are effective when sent.
  • Survival. Provisions that by their nature should survive termination will survive, including those on payment, our role, client warranties, disclaimers, limitation of liability, indemnification, governing law and arbitration.
  • Other terms. Except as stated in Section 20, if any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. The parties are independent contractors, and nothing in these Terms creates a partnership, joint venture, agency or employment relationship. The Keep Busy Leads Parties are intended beneficiaries of the provisions of these Terms that refer to them.

23. SMS Terms

Program name

Keep Busy Leads Account Alerts.

Program description

Clients and their authorized users may opt in to receive account notification text messages from Keep Busy Leads, such as low-balance alerts, campaign paused or resumed notices, payment receipts and other important account notices. These are informational messages about your account, not marketing messages. You opt in by providing your mobile number and agreeing to receive account alerts, for example when setting up or managing your account.

Message frequency

Message frequency varies based on your account activity.

Costs

Message and data rates may apply. Contact your wireless carrier for details about your plan.

Opting out and help

  • Reply STOP to any message to opt out. You will receive one confirmation message and no further messages unless you opt in again.
  • Reply HELP for help, or contact us at hello@keepbusyleads.com or (855) 912-4703.

Consent

Consent to receive text messages is not a condition of purchase. You can still receive account notices by email and in the client portal.

Carriers

Wireless carriers are not liable for delayed or undelivered messages.

Privacy

We do not share, sell, or provide your mobile phone number or messaging consent data to third parties or affiliates for marketing or promotional purposes. See our Privacy Policy for details.

24. Contact us

Questions about these Terms? Contact us: