Terms of Use

Last Updated: April 29, 2025

WELCOME TO NAUTILEAD

Welcome to NautiLead and/or app.NautiLead.com (the "Website"). This Terms of Use Agreement (the "Agreement") is made and entered into by and between you and NautiLead (a Service of ATILUS, LLC) (the "Company", "us", "we", or "our"). This Agreement sets forth the terms and conditions that govern your use of and access to the Website and any products, materials, and services provided by or on the Website (collectively, the "Services").

Please review the following terms carefully. By accessing or using the Services (or by clicking on "accept" or "agree" to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.

You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent. If you do not meet all these requirements, you may not use or access the Services.

CHANGES TO TERMS

The Company reserves the right to change this Agreement at any time in its sole discretion without notice. All changes will apply to your use of and access to the Services from the date the changes become effective and onwards. For new users, the changes will be effective immediately.

Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

DESCRIPTION OF SERVICES

NautiLead provides Lead Management & CRM services, lead follow-up automation, and related services primarily designed for the Marine/Boating industry, although the services are available for use by businesses in any industry.

The Services may include, but are not limited to:

Lead capture and management tools
Customer relationship management (CRM) functionality
Lead follow-up automation
Communication tools for customer engagement
Other features as described on the Website

ACCOUNT REGISTRATION AND SECURITY

To access certain features of the Services, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and/or your business as prompted by the registration process.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You accept responsibility for all activities that occur under your account or password. If you believe someone has accessed your account without authorization, you should notify us immediately at [email protected].

We reserve the right to refuse service, terminate accounts, or cancel orders in our sole discretion, including, without limitation, if we believe that user conduct violates applicable law or is harmful to our interests or the interests of other users of our Services.

FEES AND PAYMENT

Subscription Fees

The Services require payment of subscription fees. Fees may be charged on a monthly or annual basis as selected during the registration process. We may also charge a one-time setup fee. Current pricing information is available on our Website.

Payment Processing

If payment through the available methods fails or is refused by the payment service provider, the Company shall be under no obligation to fulfill your purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by you.

You do not acquire any rights to use the purchased Services until the total purchase price is received by the Company.

Subscription Terms

Subscriptions allow you to receive Services continuously or regularly over a determined period of time. Paid subscriptions begin on the day the payment is received by the Company. In order to maintain subscriptions, you must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions with possible account deletion.

Refunds and Cancellations

You may cancel your subscription at any time. Upon cancellation, your account will remain available until the end of your current payment cycle, after which your access to the Services will be terminated.

We offer a 30-day refund period from the initial purchase date. After 30 days, no refunds will be provided for any reason, including but not limited to unused time on a subscription. This no-refund policy applies even if you have paid for a full year in advance. If you cancel after the 30-day refund period, your account will remain active until the end of your current subscription period (whether monthly or annual), but no portion of your payment will be refunded.

To cancel your subscription or request a refund within the eligible period, please contact [email protected].

INTELLECTUAL PROPERTY RIGHTS

Content Ownership

All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by international copyright laws.

License to Use Services

During the Term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Services for your business or commercial use in accordance with this Agreement. The Services may not be used for any other purpose. This license will terminate upon your cessation of use of the Services or at the termination of this Agreement.

Restrictions

The rights granted to you in this Agreement are subject to the following restrictions:

You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services.
You shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services.
You shall not access the Services in order to build a similar or competitive website, product, or service.
Except as expressly permitted herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.

USER CONTENT

Responsibility for Content

You are solely responsible for any and all content, including but not limited to data, text, software, music, sound, photographs, graphics, video, messages, or other materials that you upload, post, publish, display, transmit, or use via the Services ("User Content").

License to Company

By submitting User Content to the Services, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and the Company's business operations, including for promoting and redistributing part or all of the Services.

Content Restrictions

You agree not to upload, post, transmit, or otherwise make available any User Content that:

Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
Constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

PROHIBITED CONDUCT

The following terms apply to your conduct when accessing or using the Services:

You agree not to interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose, any portion of the Services, use of the Services, or access to the Services beyond what is expressly permitted in this Agreement.
You agree not to engage in any activity that would constitute a criminal offense or give rise to a civil liability.
You agree not to impersonate any person or entity, including, but not limited to, the Company, a Company employee, or falsely state or otherwise misrepresent your affiliation with any person or entity.
You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about users of the Services.

DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO WARRANTY IS PROVIDED THAT THE SERVICES WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED. YOUR USE OF THE SERVICES AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR (VI) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.

IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THE COMPANY HEREUNDER IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

TERMINATION

The Company reserves the right, in its sole discretion, to terminate your access to all or part of the Services, with or without notice, for any reason or no reason at all, including without limitation if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement.

Upon termination of the Services, your right to use the Services will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

DISPUTE RESOLUTION

Informal Resolution

If you have a dispute with the Company, you agree to first contact us at [email protected] and attempt to resolve the dispute informally.

Arbitration

If the dispute is not resolved through informal resolution, all disputes arising out of or relating to this Agreement or the Services shall be finally settled by binding arbitration administered in Lee County, Florida, in accordance with the rules of the American Arbitration Association, by one or more arbitrators appointed in accordance with said rules.

The arbitration shall be conducted in the English language, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Class Action Waiver

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights pending completion of the arbitration.

THIRD PARTY SOFTWARE

NautiLead is based on and connects with various third-party software and services. You understand and agree that:

The Company may integrate with or utilize third-party software and services, both known and unknown to you, in order to provide the Services.
Each third-party software provider is solely responsible for their own software, services, and content.
The Company makes no warranties or representations regarding third-party software or services, and assumes no liability for any issues, errors, or damages arising from third-party software or services.
Your account may be connected with multiple third-party services and software as necessary to provide the functionality of NautiLead.
Changes, updates, or discontinuation of third-party software or services may affect the functionality of NautiLead, and the Company shall not be liable for any resulting disruption or change in Services.
You authorize the Company to interact with third-party services on your behalf as necessary to provide the Services.

MISCELLANEOUS

Entire Agreement

This Agreement constitutes the entire agreement between you and the Company regarding the Services and supersedes all prior and contemporaneous written or oral agreements between you and the Company.

Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Severability

If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the provision shall be enforced to the maximum extent permissible and the remaining provisions of this Agreement shall remain in full force and effect.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of the Company, but may be assigned by the Company without restriction.

Force Majeure

The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.