Effective Date: June 9, 2026 · Last Updated: June 9, 2026
Welcome to ListActivate (“ListActivate,” “we,” “us,” or “our”).
These Terms of Use (“Terms”) govern your access to and use of https://listactivate.com, related pages, and any content made available through the site (collectively, the “Site”). By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.
If you are entering into these Terms for an entity, you represent you have authority to bind that entity.
These Terms apply to all Site visitors and users.
If you purchase services from ListActivate, additional terms may apply, including an order form, checkout terms, proposal, Client Service Agreement, statement of work, or other signed agreement (each, a “Service Agreement”).
Order of precedence for conflicts:
You represent that you are legally able to enter contracts and that your use complies with applicable law.
The Site includes text, code, images, video, audio, workflows, prompts, templates, and other materials (collectively, “Content”). As between you and ListActivate, ListActivate and its licensors retain all rights to the Site and Content.
ListActivate grants you a limited, revocable, non-transferable, non-sublicensable license to access and use the Site for lawful business evaluation and internal use only.
You may not copy, reproduce, modify, distribute, sell, reverse engineer, scrape, or create derivative works from the Site or Content except as expressly permitted in writing.
The trademarks, logos, and service marks on the Site are owned by ListActivate or third parties. No license is granted without prior written consent.
The Site and services may rely on third-party tools and providers (for example telephony, AI model, CRM, cloud, analytics, and payment providers). You use third-party services at your own risk and subject to their terms.
ListActivate is not responsible for third-party outages, data practices, policy changes, or account actions.
Please review our Privacy Policy at https://listactivate.com/privacy.
You may not use the Site or services to violate law, infringe rights, send unlawful communications, abuse systems, or interfere with security or availability.
If you become aware of misuse, contact info@listactivate.com.
You agree to comply with all applicable laws, including privacy, telemarketing, messaging, recording consent, anti-spam, and sanctions and export laws.
If you run campaigns or communications using ListActivate services, you are responsible for required notices, consent, suppression lists, and lawful targeting.
Unless otherwise stated in writing:
If payment fails, ListActivate may provide a three (3) calendar day grace period before suspension.
All fees are non-refundable except where required by law.
Fees may include subscription, setup, onboarding, overages, telecom and compliance charges (including A2P/10DLC), AI usage, and pass-through third-party costs.
Invoice terms (if invoiced): net 15 days unless otherwise stated. Late amounts may incur the lesser of 1.5% per month or the maximum legal rate.
You are responsible for applicable taxes.
ListActivate does not guarantee leads, appointments, conversion rates, revenue, ROI, uptime, or any specific business outcome. Examples, forecasts, and estimates are illustrative only.
If Services include Voice AI, telephony, call routing, call handling, SMS/MMS, or related communications features:
Emergency services notice: Unless expressly stated in a signed agreement, Services are not a replacement for traditional emergency calling capabilities (including 911/988 routing obligations) and must not be relied on as your exclusive emergency contact path.
Unless an express written service-level agreement (SLA) is signed, no uptime or availability commitment applies. If an SLA is signed, the SLA remedies are the exclusive remedies for covered availability issues.
Each party will protect the other party’s non-public confidential information and use it only for permitted purposes.
You agree to defend, indemnify, and hold harmless ListActivate, its affiliates, and their personnel from claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from your use of the Site or services, your data or content, or your violation of law or these Terms.
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW:
ListActivate is not liable for failures caused by third-party carriers, cloud providers, internet or network providers, power outages, number provisioning or porting delays, upstream filtering, or similar external dependencies.
ListActivate may suspend or terminate access for non-payment, abuse, security risk, suspected fraud, or legal non-compliance. ListActivate may investigate misuse and cooperate with law enforcement as required by law.
You consent to receive notices electronically, including by email and Site posting.
ListActivate may modify these Terms by posting updated Terms on the Site. Continued use after updates means acceptance of the revised Terms.
These Terms are governed by California law, excluding conflict-of-law rules.
Any dispute arising out of or relating to these Terms, the Site, or services will be resolved by final and binding arbitration in California through AAA or JAMS, under the provider’s commercial rules.
Each party waives jury trial for arbitrable claims. Claims must be brought individually, not as class or representative actions. Either party may seek qualifying small claims relief, and either party may seek temporary injunctive relief in court for IP or confidentiality protection pending arbitration.
These Terms are the complete agreement regarding Site use unless superseded by a Service Agreement. If any provision is unenforceable, remaining provisions remain in effect.
You may not assign these Terms without written consent. ListActivate may assign these Terms in connection with reorganization, sale, or successor formation.
Force majeure: ListActivate is not responsible for delay or failure caused by events beyond reasonable control, including carrier or network failures, internet or cloud outages, power failures, labor disputes, acts of government, natural disasters, or force majeure events.
ListActivate Website: https://listactivate.com
Email: info@listactivate.com
Address: ListActivate, 7670 Opportunity Rd., #255, San Diego, CA 92111