Data Lead Agreement
Version 2026-07-09 — applies to non-consented ("data") leads only
Read this first. Data leads are not consented leads. The consumers in this data have not opted in to be contacted by you. You may not call them with an autodialer, an artificial or prerecorded voice, or send them SMS, unless you independently obtain the consent the law requires. Manual dialing only.
1. What you are buying
A "Data Lead" is enriched prospect information compiled from public records (for example, recorded mortgage, marriage, or probate filings) and appended with contact and demographic data from third-party data providers. Data Leads are sold as information only.
A Data Lead does not include prior express consent, prior express written consent, an opt-in, a TrustedForm certificate, or any other evidence of consumer permission to be contacted. If you need leads that carry documented consent, those are a separate product.
2. You are the caller — compliance is yours
Opervex, LLC ("Leadality") is a data supplier. You are the party initiating contact. As between us, you are solely responsible for the lawfulness of every call, text, email, or other contact you make using Data Leads, including compliance with:
- The Telephone Consumer Protection Act (TCPA) and its implementing regulations
- The federal Do-Not-Call Registry and any applicable state DNC lists
- State mini-TCPA statutes (including the Florida Telephone Solicitation Act), state calling-time restrictions, and state registration/bonding requirements
- CAN-SPAM, for any email contact
- Your own insurance licensing and advertising rules
3. Required practices
- Licensed states only. You warrant that you hold a current, active insurance producer license in every state in which you contact a Data Lead, and that you will not contact any lead located in a state where you are not licensed. You are responsible for verifying the lead's state before contact. We deliver leads according to the licensed states you specify on your account; keeping that list accurate is your obligation.
- Manual dial only. No autodialer, ATDS, predictive dialer, artificial or prerecorded voice, ringless voicemail, or SMS to a Data Lead absent your own lawful consent basis.
- Scrub before you contact. You must scrub against the federal DNC Registry and applicable state lists within the timeframe those rules require, and maintain your own internal do-not-call list.
- Honor opt-outs immediately and permanently, across all channels.
- Identify yourself truthfully — your name, your agency, and the purpose of the call.
- Do not contact anyone flagged as deceased, as a known TCPA litigator, or as DNC-listed in the data we provide.
4. Restrictions
- No resale or redistribution. Data Leads are licensed to your agency for your own use. You may not resell, sublicense, share, or transfer them.
- No appending to a consent record. You may not represent, to any third party or in any proceeding, that a Data Lead carried consent.
- Do not use Data Leads for any purpose prohibited by the Fair Credit Reporting Act. Data Leads are not consumer reports and may not be used for credit, employment, insurance underwriting eligibility, or tenant screening decisions.
5. No warranty on accuracy
Data Leads are provided "as is." Public records and third-party appends contain errors. We do not warrant that any phone number is current, that any individual is reachable, or that any lead will convert. Quality scores are estimates, not guarantees.
6. Indemnification
You will defend, indemnify, and hold harmless Opervex, LLC and its officers and members from any claim, demand, penalty, fine, judgment, or expense (including reasonable attorneys' fees) arising out of your contact with, or use of, Data Leads — including any TCPA, DNC, state mini-TCPA, or CAN-SPAM claim.
7. Data security and retention
You will protect Data Leads with reasonable administrative, technical, and physical safeguards, limit access to personnel who need it, and delete the data on request or when it is no longer needed for the purpose it was provided.
8. Suspension
We may suspend or terminate your access to Data Leads immediately, with no refund, if we reasonably believe you have violated this Agreement — including any use of an autodialer or SMS against non-consented data.
9. Acceptance
Acceptance is recorded electronically with the accepting user's email address, IP address, user agent, timestamp, and the version of this Agreement shown above. That record is the evidence of the allocation of responsibility described in Section 2. If this Agreement is updated, you will be asked to accept the new version before receiving further Data Leads.
Questions: team@leadality.ai · Opervex, LLC · 9218 Rock Harbour Way, Tampa, FL 33637