Legal

Terms of Service

Last updated: May 31, 2026

These Terms of Service ("Terms") govern your access to and use of the website at clickmelon.com (the "Site") and the lead generation, database reactivation, and AI automation services (collectively, the "Services") provided by ClickMelon, LLC ("ClickMelon," "we," "us," or "our").

By accessing the Site or engaging the Services, you agree to these Terms. If you are entering into these Terms on behalf of a company, you represent that you have authority to bind that company.

1. The Services

ClickMelon provides AI-powered outreach, database reactivation, lead qualification, and custom automation workflows. The specific scope, deliverables, fees, and timelines for a paid engagement are set out in a separate order form, statement of work, or written agreement ("Order"). If an Order conflicts with these Terms, the Order controls for that engagement.

2. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Services.

3. Client Responsibilities and Data

If you engage us to perform outreach, you ("Client") are responsible for:

• Ensuring you have the legal right and any necessary consent to contact the individuals whose data you provide to us, including compliance with the TCPA, CAN-SPAM, CASL, GDPR/UK GDPR, and other applicable laws.
• The accuracy and lawfulness of contact data you supply.
• Honoring opt-out, unsubscribe, and do-not-contact requests, and maintaining suppression lists.
• Your own products, services, offers, and any claims made in materials you approve.

You grant us a limited license to use the data and materials you provide solely to deliver the Services. Our handling of personal data is described in our Privacy Policy.

4. Acceptable Use

You agree not to use the Services to: send unlawful, deceptive, harassing, or fraudulent communications; contact individuals without a lawful basis; violate any third party's rights; or breach any applicable law or carrier or platform policy. We may suspend or terminate Services used in violation of this section.

5. Fees and Payment

Fees are described in the applicable Order. Where the Services are offered on a pay-per-result basis, the definition of a qualifying result is specified in the Order. Unless otherwise stated, fees are exclusive of taxes, and invoices are due on the terms set out in the Order. Late amounts may accrue interest as permitted by law.

6. No Guarantee of Results

We work to deliver strong outcomes, but we do not guarantee any specific number of leads, conversions, appointments, revenue, or other results except as expressly stated in an Order. Performance depends on factors outside our control, including the quality of provided data and your own follow-up.

7. Intellectual Property

We retain all rights to our Site, software, workflows, templates, and methodologies. Subject to payment, you receive the deliverables specified in your Order for use in your business. You retain ownership of your data, brand assets, and materials you provide to us.

8. Third-Party Services

The Services rely on third-party platforms (for example, messaging, email/SMS delivery, CRM, and AI providers). We are not responsible for the availability, acts, or omissions of those third parties, and your use may be subject to their terms.

9. Confidentiality

Each party agrees to protect the other's non-public business information disclosed in connection with the Services and to use it only to perform under these Terms or an Order.

10. Disclaimers

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CLICKMELON WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUES. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO US IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless ClickMelon from claims, damages, and expenses arising out of your data, your offers, your breach of these Terms, or your violation of applicable law, including communications laws governing outreach to your contacts.

13. Term and Termination

These Terms apply while you use the Site or Services. Either party may terminate an engagement as set out in the applicable Order. We may suspend or terminate access for violations of these Terms. Sections that by their nature should survive termination will survive.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Utah, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Utah for any dispute not otherwise subject to an agreed dispute-resolution process.

15. Changes to These Terms

We may update these Terms from time to time. Material changes take effect when we post the updated Terms and revise the "Last updated" date above. Continued use after changes constitutes acceptance.

16. Contact Us

Questions about these Terms? Contact:

ClickMelon, LLC
1290 Briar Ave, Provo, UT 84604
Email: wes@clickmelon.com

This document is a general template and is not legal advice. Have it reviewed by qualified counsel before relying on it.