Terms of Service

These Terms of Service form an agreement between you (and, if applicable, the organisation you represent) and UpWeb Pty Ltd (ABN 85 613 036 918, ACN 613 036 918), which operates LeadGuard as a product and trading brand. By creating an account, running a scan or otherwise using LeadGuard, you accept these terms.

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

If you create or use an account for an organisation, you confirm that you are authorised to act for and bind that organisation to these terms.

LeadGuard helps you find and monitor the pathways on your website that turn visitors into enquiries, such as forms, calls, bookings, email links, calls-to-action and confirmation pages, and shows you interaction activity around them.

When you submit a website URL to the public scan flow, you confirm that you are authorised to have that website assessed. LeadGuard fetches publicly accessible pages, records aggregate results and applies abuse-prevention limits based on hashed technical identifiers.

You are responsible for the accuracy of your account details and for maintaining the security of your login credentials. You must notify us promptly of any unauthorised access.

You may install the LeadGuard site tag only on websites you own or are authorised to manage. See Site Tag and Visitor Data and the Data Processing Addendum.

You are responsible for ensuring that your own privacy notices, and any legally required consent controls, cover the site tag's operation on your website and any visitor data it collects.

LeadGuard offers a Free plan and paid subscriptions billed in US Dollars. Current monthly prices are USD 0 (Free), USD 29 (Starter), USD 79 (Growth) and USD 199 (Agency). Annual prices are USD 290 (Starter), USD 790 (Growth) and USD 1,990 (Agency). Plan limits and features are described in the dashboard and on the Billing and Cancellation page.

Paid subscriptions renew automatically for their selected monthly or annual billing interval until cancelled.

You may cancel through the Stripe Customer Portal accessible from the dashboard. Cancellation takes effect at the end of the current paid billing period and you retain paid access until that period ends. Downgrades take effect at the next renewal date unless the product explicitly states otherwise.

Stripe retries failed subscription payments and sends failed-payment notices to the card holder. Where an amount remains unpaid or a subscription remains past due, LeadGuard may restrict or suspend paid features until the account is brought current.

Cancellations do not automatically create a prorated refund for the unused part of a current billing period, and we do not offer change-of-mind refunds once a billing period has begun. Refunds may be approved on a case-by-case basis. Rights and remedies that cannot lawfully be excluded remain unaffected. See section 25 (Australian Consumer Law).

All prices are displayed in USD. Unless otherwise stated, prices exclude applicable taxes. For Australian customers, Australian GST is included in the displayed price and absorbed by UpWeb, so the displayed customer price remains unchanged.

As between you and LeadGuard, you own your customer data. You grant LeadGuard the licences needed to host, process, transmit, back up and display that data in order to provide the service. Where you install the site tag on a website, you are the controller of the visitor data collected through it and LeadGuard is the processor or service provider. See the DPA.

UpWeb retains all rights in the LeadGuard software, site tag, dashboards, brand and documentation. Subject to these terms, we grant you a limited, non-exclusive, non-transferable right to use LeadGuard for your internal business purposes during your subscription. Feedback you voluntarily provide may be used to improve the service.

LeadGuard uses the providers listed on the Subprocessors page. Their own terms apply between them and their customers.

We may add, change or remove features. Where a change materially reduces a paid plan, we will notify you.

We may suspend or terminate access for breach of these terms or the Acceptable Use Policy. On termination you may request export of your data for a reasonable period.

Your use of LeadGuard is subject to the Acceptable Use Policy.

Our handling of personal information is described in the Privacy Policy.

The online DPA is incorporated into these terms where applicable. A separately signed copy may be supplied to a business customer on reasonable request by contacting team@upweb.com.

Each party will protect the other's confidential information with reasonable care and use it only to perform this agreement.

LeadGuard uses automated discovery and synthetic checks. We do not guarantee that every pathway will be discovered, that every issue will be detected, that monitoring will be uninterrupted, that every conversion will be attributed, that every warning will generate an email alert, or that use of LeadGuard will generate or preserve any specific number of leads. LeadGuard does not capture the values people type into forms on customer websites, and does not replace ordinary website maintenance, backups or your own record-keeping.

Nothing in these terms limits or excludes any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be limited or excluded. To the extent any provision would do so, it is read down to the minimum extent necessary to give effect to the non-excludable right.

Subject to non-excludable law, LeadGuard is provided on an “as is” and “as available” basis and without warranties of any kind (express or implied), including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Subject to non-excludable law, our aggregate liability for any claim arising out of or in connection with these terms is limited to the total amount you paid for the service in the 12 months preceding the event giving rise to the claim. Neither party is liable for loss of profits, loss of revenue, loss of goodwill, or indirect or consequential loss.

You will defend and indemnify UpWeb against third-party claims arising from your breach of these terms, your misuse of the service, or your content and instructions that cause data to be processed through LeadGuard, subject to any non-excludable statutory rights.

These terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them. The parties will use reasonable efforts to resolve any dispute through direct negotiation before commencing court proceedings, except where urgent relief is required.

Notices to LeadGuard may be sent electronically to team@upweb.com. Notices to you may be sent to the email address associated with your account or posted in the dashboard.

We may update these terms. Material changes will be notified through the service or by email and take effect on the date shown at the top.

These terms, together with the Privacy Policy, DPA, Billing and Cancellation, Acceptable Use Policy and any order form, form the entire agreement between the parties. If a provision is held unenforceable, the remainder continues in effect.