These terms govern your use of XS Leads, operated by TJF Design LLC. By requesting access or using the platform, you agree to these terms. If you do not agree, do not use the platform.
The platform
XS Leads is a reviewed marketplace for lead data. It connects sellers who have lead inventory with buyers who need it. We review accounts and listings before they go live. We are not a party to any transaction between buyers and sellers beyond facilitating access to the marketplace.
XS Leads is a technology platform and intermediary, not a data broker. We do not collect, compile, own, or sell the lead data offered on the marketplace. Sellers are the parties that source the data, set its price, list it for sale, and sell it to buyers; XS Leads only provides the venue and tools that facilitate that transaction. To the extent any data offered on the platform constitutes the sale of personal information by a data broker under applicable law, the seller, not XS Leads, is the data broker with respect to that data and is solely responsible for the obligations that role carries.
Access
Access to XS Leads is by application only. We review every request before opening an account. We may decline any request without explanation. We may suspend or terminate any account that violates these terms, operates in a way that creates risk for the platform or other users, or that we determine is no longer a good fit for the marketplace.
You are responsible for keeping your login credentials secure. You are responsible for all activity that occurs under your account.
Buyers
As a buyer, you may purchase lead data listed on the marketplace subject to the usage limits and restrictions specified in each listing. You may not resell, redistribute, or sublicense lead data purchased through XS Leads without explicit written permission from the seller. You are responsible for complying with all applicable laws, including CAN-SPAM, TCPA, GDPR, and any other regulations that govern your outreach activities.
You acknowledge that any lead data you obtain through the platform is sold to you by a third-party seller, not by XS Leads, and that XS Leads is not the source, owner, or seller of that data. XS Leads makes no representation or warranty of any kind about the accuracy, completeness, legality, lawful sourcing, or fitness for any purpose of data offered by sellers, and you do not rely on XS Leads for any such assurance.
By purchasing data through XS Leads, you acknowledge that you are acquiring it for lawful purposes only and that you, not XS Leads, are responsible for your own compliance with all laws governing how you use, store, and process that data, including data privacy, consumer protection, and marketing laws in any jurisdiction where you operate or where the individuals in the data are located.
XS Leads does not guarantee the accuracy, completeness, or fitness for purpose of any lead dataset. Lead data is provided as-is. We check that required listing fields are present and that source claims are plausible, but we do not independently verify every record.
Sellers
As a seller, you represent and warrant that you have the legal right to sell or license the data you list, including any resale and sublicense rights needed for buyers to use it as described; that your source and freshness claims are accurate; that the data was collected lawfully and is being sold in compliance with applicable law, including a lawful basis for any personal information and any notices or consents that law requires; that the data does not include personal information obtained without any required consent or through unlawful, deceptive, or unauthorized means; and that you will promptly honor deletion, correction, and opt-out requests that we pass to you from individuals whose data you have listed.
You further represent and warrant that you are and will remain compliant with all data privacy and data protection laws applicable to your collection and sale of the data, including the California Consumer Privacy Act (CCPA/CPRA), the Virginia Consumer Data Protection Act (VCDPA), the Texas Data Privacy and Security Act (TDPSA), the Colorado Privacy Act (CPA), and comparable laws in other jurisdictions. You are solely responsible for determining whether you qualify as a data broker under any law and for satisfying any data broker registration, disclosure, and reporting requirements that apply to you, including those in California, Vermont, Texas, Oregon, Connecticut, and Illinois. You will register and maintain registration in every jurisdiction where the law requires it, and you will provide proof of registration and compliance to XS Leads on request.
When you submit a listing, you must accurately and completely disclose how and where the lead data was collected, including its original source and the method of collection. These source disclosures must be truthful and kept current; XS Leads and prospective buyers rely on them. Inaccurate, incomplete, or misleading source disclosures are grounds for removal of the listing, reversal of payouts, and suspension or termination of your account.
You may not list: data obtained through unauthorized scraping; data sourced from a provider whose terms forbid resale or redistribution, including data derived from Google Maps or the Google Places API; data you do not own or have a license to sell; or data that would expose buyers to legal liability if used as described. You are responsible for maintaining records of the provenance and rights for any dataset you list, and for providing them to us on request.
Listings are subject to review before going live. We may require changes, decline listings, or remove listings that do not meet the platform standard. We are not responsible for disputes between buyers and sellers regarding data quality after a transaction is completed.
Listing standards and permitted data
Listings should consist primarily of business-entity information, such as company name, business address, main business phone, general business email, website, and similar firmographic details. Where a listing includes personal information about an individual, such as a named contact's direct or personal email, direct or mobile phone number, or other data that identifies a specific person, the seller makes the following additional representations: that the seller has a lawful basis to collect and sell that personal information, has provided any notices and obtained any consents the law requires, and will honor deletion and opt-out requests for it. XS Leads may restrict, require review of, decline, or remove any listing that includes personal information, and may require the seller to substantiate its rights and lawful basis before the listing is published.
Sellers are solely responsible for determining whether a given record is permitted under applicable law and these terms before listing it. XS Leads does not provide legal advice, and nothing on the platform should be relied on as legal advice.
Prohibited conduct
You may not use XS Leads to violate any law or regulation, to deceive other users, to scrape or systematically extract data from the platform, to attempt to gain unauthorized access to any account or system, or to interfere with the operation of the platform. Accounts found engaging in prohibited conduct will be suspended or terminated without refund.
Fees, payment, and refunds
Prices for listings are set by sellers and shown on the platform. XS Leads may charge a service fee or take a percentage of each transaction; any such fee will be disclosed before you complete a purchase. Payments are processed through our third-party payment processor, and by transacting you also agree to that processor's terms.
Because lead data is delivered digitally and cannot be returned once accessed, purchases are generally final. If a dataset materially fails to match its listing description, or you believe a transaction was made in error, contact us at hello@xsleads.com within seven days of purchase and we will review the issue and, at our discretion, facilitate a correction, replacement, or refund. We may withhold or reverse payouts to a seller in connection with a buyer dispute, chargeback, or suspected violation of these terms.
Data protection and your responsibilities
Buyers and sellers are each independently responsible for their own compliance with data protection and marketing laws, including CAN-SPAM, the TCPA, the CCPA and other U.S. state privacy laws, and the GDPR where applicable. For personal information transacted through the platform, sellers and buyers act as independent controllers of that data; XS Leads operates the marketplace that connects them and is not a party to your downstream use of the data.
If we receive a verified request from an individual to access, correct, delete, or stop the sale of their personal information, you agree to cooperate with and honor that request to the extent it applies to data you have listed, sold, or purchased through the platform, and to maintain reasonable suppression practices.
Indemnification
You agree to indemnify, defend, and hold harmless TJF Design LLC and its officers, employees, and agents from any claims, damages, liabilities, and expenses, including reasonable legal fees, arising out of or related to: the data you list, sell, or purchase through the platform; your use of the platform; your violation of these terms; your failure to comply with any applicable data privacy law or data broker registration requirement; or your violation of any law or the rights of any third party, including any individual whose personal information is involved.
This obligation includes claims, investigations, fines, and penalties brought by any individual whose personal information you listed, sold, or used, and by any regulator or government authority, that arise from your data or your conduct. This indemnity is not subject to the liability cap below, and it survives termination of your account and of these terms.
No agency; release of user disputes
XS Leads is a venue that connects independent buyers and sellers. We are not a party to, and do not take ownership of the data involved in, any transaction between users. No agency, partnership, joint venture, or employment relationship is created between you and TJF Design LLC by these terms or your use of the platform.
Your dealings with other users are solely between you and them. If you have a dispute with another user, including any dispute about data quality, accuracy, rights, compliance, payment, or use, you pursue it directly with that user and you release TJF Design LLC and its officers, employees, and agents from any claims, demands, and damages of every kind arising out of or connected with that dispute.
Disclaimer of warranties
The platform and all lead data made available through it are provided "as is" and "as available," without warranties of any kind, whether express or implied. To the maximum extent permitted by law, TJF Design LLC disclaims all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that any lead data is accurate, complete, current, lawfully sourced, or fit for your intended use, that the platform will be uninterrupted or error-free, or that any particular result will be achieved from using the platform or the data. Our review of listings checks for required fields and plausibility only; it is not a guarantee of accuracy, legal compliance, or fitness for purpose, and you do not rely on it as one.
Limitation of liability
To the maximum extent permitted by law, TJF Design LLC is not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the platform or any lead data purchased through it. Our total liability to any party for any claim arising from your use of XS Leads is limited to the total fees you paid to us through the platform in the 30 days preceding the claim. If you paid no such fees in that period — including during any period before the platform begins generating revenue — our total liability is zero dollars ($0).
Changes to these terms
We may update these terms from time to time. When we do, we will update the "Last updated" date at the top of this page. Continued use of the platform after changes take effect constitutes acceptance of the updated terms. Material changes will be communicated to active account holders by email.
Governing law
These terms are governed by the laws of the State of Kansas, without regard to its conflict of law provisions. Any disputes arising from these terms will be resolved in the state or federal courts located in Johnson County, Kansas.
General
The sections covering seller and buyer representations, listing standards, indemnification, release, disclaimer of warranties, and limitation of liability survive any termination of your account or of these terms. If any provision of these terms is found unenforceable, the remaining provisions stay in full effect, and the unenforceable provision is applied to the maximum extent permitted by law. Our failure to enforce any provision is not a waiver of it. You may not assign or transfer these terms or your account without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets. These terms are the entire agreement between you and TJF Design LLC regarding the platform and supersede any prior agreements on that subject.
Contact
Questions about these terms? Email us at hello@xsleads.com.