Terms of Service — TheListingHQ
Effective Date: December 16, 2025
Welcome to TheListingHQ (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website Thelistinghq.com (the “Site”) and any related services, communications, or deliverables we provide (collectively, the “Services”).
By accessing or using the Site or Services, you agree to these Terms. If you do not agree, do not use the Site or Services.
1) Who We Are / Contact
TheListingHQ
San Jose, CA
Phone: +1 408-443-2144
Email: [email protected]
Website: thelistinghq.com
SMS Terms of Service
By opting in to receive SMS messages from TheListingHQ (“TheListingHQ,” “we,” “us,” or “our”), you agree to these SMS Terms of Service.
1) Program Description
If you opt in, you may receive text messages related to TheListingHQ Marketing, including:
Appointment confirmations and reminders (if applicable)
Service updates and notifications
Responses to your inquiries
Occasional marketing or promotional messages (only if you opt in)
2) Opt-In Consent
You agree to receive SMS messages by providing your phone number and checking an opt-in box, submitting a form, booking an appointment, or otherwise affirmatively consenting to receive texts from us.
Consent is not a condition of purchase.
3) Message Frequency
Message frequency varies depending on your interactions with us, your requested services, and your communication preferences.
4) Costs
Message and data rates may apply depending on your mobile carrier plan.
5) Opt-Out
You can cancel SMS messages at any time by replying STOP.
After you text STOP, you will receive a confirmation message and we will stop sending messages to that number (unless you opt in again).
6) Help
For help, reply HELP or contact us:
Phone: +1 408-443-2144
Email: [email protected]
7) Carriers + Delivery Disclaimer
Wireless carriers are not liable for delayed or undelivered messages. Message delivery is subject to your mobile carrier’s network availability and other factors outside our control.
8) Eligibility
By opting in, you confirm you are the authorized user of the phone number provided and are at least 18 years old (or the age of majority in your jurisdiction).
9) Privacy + Data Use
We may collect and use information you provide (including your phone number) to deliver SMS messages and provide our services.
We do not sell your personal information or SMS opt-in information.
For more information, see our Privacy Policy:
https://thelistinghq.com/privacy-policy (update this link if your slug is different)
10) Changes to These SMS Terms
We may update these SMS Terms of Service from time to time. Updates will be posted on our website and will be effective when published.
11) SMS Contact
TheListingHQ
San Jose, CA
Phone: +1 408-443-2144
Email: [email protected]
Website: www.thelistinghq.com
Terms of Service — TheListingHQ
Effective Date: December 16, 2025
Welcome to TheListingHQ (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website TheListingHQ (the “Site”) and any related services, communications, or deliverables we provide (collectively, the “Services”).
By accessing or using the Site or Services, you agree to these Terms. If you do not agree, do not use the Site or Services.
1) Who We Are / Contact
TheListingHQ
San Jose, CA
Phone: +1 408-443-2144
Email: [email protected]
Website: www.thelistinghq.com
2) Services
We provide marketing-related services which may include (but are not limited to) lead generation, automation, CRM setup, landing pages, SMS/email communication systems, reputation management, ad management, and consulting.
Specific services, pricing, timelines, and deliverables may be described in a proposal, statement of work, invoice, or written agreement (“Order”). If an Order conflicts with these Terms, the Order controls for that engagement.
3) Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) to use our Site or Services. By using the Site, you represent you meet this requirement.
4) Accounts, Access, and Client Responsibilities
If we provide you access to tools (e.g., CRM, automations, forms, phone/SMS features), you agree to:
Provide accurate information
Keep login credentials secure
Use the Services lawfully and in compliance with platform rules
Ensure you have the necessary rights/permissions to upload content, contact leads, and run campaigns
You are responsible for your own business compliance, including obtaining proper customer consent for email and SMS marketing.
5) Payments, Fees, and Billing
Unless otherwise stated in an Order:
Fees are due as listed on invoices
Late payments may result in paused work, paused access to systems, or termination of Services
You authorize us to charge agreed payment methods (if you set up autopay)
All fees are non-refundable unless otherwise stated in writing
Chargebacks/Disputes: If you initiate a chargeback without first contacting us to resolve the issue, we may suspend Services and dispute the chargeback with supporting documentation.
6) No Guarantees / Marketing Results
Marketing performance depends on many factors outside our control (market conditions, budgets, offer quality, sales follow-up, platform changes, compliance, etc.). Therefore:
We do not guarantee specific results (leads, sales, revenue, ROAS, rankings, etc.) unless explicitly agreed in writing.
You acknowledge that outcomes may vary.
7) Intellectual Property
Our materials: Any templates, workflows, designs, strategies, processes, software configurations, and documentation we create remain our intellectual property unless an Order states otherwise.
Your materials: You retain ownership of your trademarks, logos, brand assets, and content you provide. You grant us a limited license to use them solely to provide Services.
Deliverables: Upon full payment, you receive a license to use the deliverables created specifically for you for your internal business purposes unless otherwise specified.
8) Acceptable Use
You agree not to use the Site or Services to:
Break any law or regulation (including TCPA, CAN-SPAM, and similar rules)
Send spam, deceptive, or abusive messages
Infringe intellectual property or privacy rights
Distribute malware or attempt unauthorized access
Engage in harassment, hate, or illegal content
We may suspend or terminate access for violations.
9) Third-Party Tools and Platforms
Our Services may rely on third-party platforms (e.g., ad networks, CRM/SMS providers, hosting providers, analytics tools). We are not responsible for:
Third-party outages, policy changes, pricing changes, or account bans
Limitations imposed by carriers or platform compliance rules
Deliverability issues caused by carrier filtering or third-party systems
You may be required to accept third-party terms separately.
10) Confidentiality
If we share non-public business information with each other, both parties agree to keep it confidential and use it only for the engagement, unless disclosure is required by law.
11) Termination
Either party may terminate Services as allowed by an Order. If no Order exists, either party may terminate with reasonable notice.
Upon termination:
You remain responsible for fees owed for work performed up to termination
Access to tools/accounts we manage may be removed after final balances are paid
We are not responsible for losses arising from termination or paused services due to nonpayment
12) Disclaimers
The Site and Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
13) Limitation of Liability
To the maximum extent permitted by law:
We are not liable for indirect, incidental, consequential, special, or punitive damages.
Our total liability for any claim related to the Services will not exceed the amount you paid us in the three (3) months before the event giving rise to the claim.
Some jurisdictions do not allow certain limitations, so these may not fully apply to you.
14) Indemnification
You agree to indemnify and hold harmless TheListingHQ from claims, damages, liabilities, and expenses arising out of:
Your use of the Services
Your campaigns, content, or offers
Your violation of laws or third-party rights (including marketing consent requirements)
15) Changes to These Terms
We may update these Terms from time to time. The latest version will be posted on www.thelistinghq.com with an updated Effective Date. Continued use of the Site after changes means you accept the updated Terms.
16) Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.
17) Contact
Questions about these Terms? Contact us:
TheListingHQ
Email: [email protected]
Phone: +1 408-443-2144
Website: www.thelistinghq.com
Terms of Service
2) Services
We provide marketing-related services which may include (but are not limited to) lead generation, automation, CRM setup, landing pages, SMS/email communication systems, reputation management, ad management, and consulting.
Specific services, pricing, timelines, and deliverables may be described in a proposal, statement of work, invoice, or written agreement (“Order”). If an Order conflicts with these Terms, the Order controls for that engagement.
3) Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) to use our Site or Services. By using the Site, you represent you meet this requirement.
4) Accounts, Access, and Client Responsibilities
If we provide you access to tools (e.g., CRM, automations, forms, phone/SMS features), you agree to:
Provide accurate information
Keep login credentials secure
Use the Services lawfully and in compliance with platform rules
Ensure you have the necessary rights/permissions to upload content, contact leads, and run campaigns
You are responsible for your own business compliance, including obtaining proper customer consent for email and SMS marketing.
5) Payments, Fees, and Billing
Unless otherwise stated in an Order:
Fees are due as listed on invoices
Late payments may result in paused work, paused access to systems, or termination of Services
You authorize us to charge agreed payment methods (if you set up autopay)
All fees are non-refundable unless otherwise stated in writing
Chargebacks/Disputes: If you initiate a chargeback without first contacting us to resolve the issue, we may suspend Services and dispute the chargeback with supporting documentation.
6) No Guarantees / Marketing Results
Marketing performance depends on many factors outside our control (market conditions, budgets, offer quality, sales follow-up, platform changes, compliance, etc.). Therefore:
We do not guarantee specific results (leads, sales, revenue, ROAS, rankings, etc.) unless explicitly agreed in writing.
You acknowledge that outcomes may vary.
7) Intellectual Property
Our materials: Any templates, workflows, designs, strategies, processes, software configurations, and documentation we create remain our intellectual property unless an Order states otherwise.
Your materials: You retain ownership of your trademarks, logos, brand assets, and content you provide. You grant us a limited license to use them solely to provide Services.
Deliverables: Upon full payment, you receive a license to use the deliverables created specifically for you for your internal business purposes unless otherwise specified.
8) Acceptable Use
You agree not to use the Site or Services to:
Break any law or regulation (including TCPA, CAN-SPAM, and similar rules)
Send spam, deceptive, or abusive messages
Infringe intellectual property or privacy rights
Distribute malware or attempt unauthorized access
Engage in harassment, hate, or illegal content
We may suspend or terminate access for violations.
9) Third-Party Tools and Platforms
Our Services may rely on third-party platforms (e.g., ad networks, CRM/SMS providers, hosting providers, analytics tools). We are not responsible for:
Third-party outages, policy changes, pricing changes, or account bans
Limitations imposed by carriers or platform compliance rules
Deliverability issues caused by carrier filtering or third-party systems
You may be required to accept third-party terms separately.
10) Confidentiality
If we share non-public business information with each other, both parties agree to keep it confidential and use it only for the engagement, unless disclosure is required by law.
11) Termination
Either party may terminate Services as allowed by an Order. If no Order exists, either party may terminate with reasonable notice.
Upon termination:
You remain responsible for fees owed for work performed up to termination
Access to tools/accounts we manage may be removed after final balances are paid
We are not responsible for losses arising from termination or paused services due to nonpayment
12) Disclaimers
The Site and Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
13) Limitation of Liability
To the maximum extent permitted by law:
We are not liable for indirect, incidental, consequential, special, or punitive damages.
Our total liability for any claim related to the Services will not exceed the amount you paid us in the three (3) months before the event giving rise to the claim.
Some jurisdictions do not allow certain limitations, so these may not fully apply to you.
14) Indemnification
You agree to indemnify and hold harmless TheListingHQ from claims, damages, liabilities, and expenses arising out of:
Your use of the Services
Your campaigns, content, or offers
Your violation of laws or third-party rights (including marketing consent requirements)
15) Changes to These Terms
We may update these Terms from time to time. The latest version will be posted on leadcels.com with an updated Effective Date. Continued use of the Site after changes means you accept the updated Terms.
16) Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.
17) Contact
Questions about these Terms? Contact us:
TheListingHQ
Email: [email protected]
Phone: +1 408-443-2144
Website: www.thelistinghq.com