Lead Marketplace Terms of Service

This Terms of Service ("Agreement") governs your participation in the Tum Hi Ho Events (“Company”) Private Exchange (the "Lead Marketplace" or “Service”). By participating in the Lead Marketplace, claiming a lead, or remitting payment via the Lead Marketplace, you ("Planner" or "you") agree to be bound by these terms. This Agreement governs your access to and use of our exclusive lead referral and marketplace platform, including any automated email notifications, dashboards, or communication channels (collectively, the "Service").

By purchasing, claiming, or accepting any lead or referral from our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

1. NATURE OF THE SERVICE
Company operates the Lead Marketplace that facilitates introductions between prospective clients and independent wedding industry professionals. Company collects inquiries from couples planning weddings and dynamically routes individual client introductions and referrals to participating wedding planners. By purchasing a lead, the Planner acknowledges they are buying exclusive access to contact information and event specifications only. Lead Marketplace does not guarantee lead responsiveness, budget accuracy, or securing a signed contract. All lead purchases are strictly non-refundable.

The Service consists strictly of real-time marketing introductions, referral notifications, and lead alert routing. Company does not sell, license, or deliver tangible goods, software access, pre-packaged digital databases, compiled registries, or downloadable data files.

2. EXCLUSIVE, FIRST-COME, FIRST-SERVED CLAIM MODEL
Planner acknowledges and agrees to the following operational structure:

• All leads are distributed on a strictly exclusive, first-come, first-served basis to the first Planner who completes the flat-fee transaction.

• Payment of the flat fee grants the paying Planner sole and exclusive access to that specific lead's contact information via this platform.

• In the event that multiple Planners attempt to purchase the same lead simultaneously, the transaction successfully completed and processed first by our third-party payment gateway (Cognito Pay) shall prevail. Any secondary transactions that may bypass system limits will be automatically refunded, and no access to the lead will be granted to the secondary payer.

3. NO GUARANTEE OF OUTCOME OR CONVERSION
Planner acknowledges and agrees that:

• Leads represent independent third-party inquiries and are provided on an "as-is" and "as-available" basis.

• Company makes no guarantees, express or implied, regarding the accuracy, validity, completeness, or budget verification of the information provided by the inquiring couple.

• Company does not guarantee that a lead will respond to the Planner, schedule a consultation, or book the Planner's services.

• Because access is granted exclusively to the first paying party, all flat-fee lead purchases are final and strictly non-refundable once the couple's contact information is transmitted or unlocked.

4. FEES, BILLING, AND TAXES

• Pricing: Planner agrees to pay the flat fee associated with an individual lead purchase in accordance with the pricing schedule displayed at the time of purchase.

• Tax Classification: The fees charged under these Terms are exclusively for non-taxable marketing, lead generation, and referral services. No sales or use tax is collected by Company, as the Service does not constitute a taxable digital product or enumerated service under Pennsylvania law. Planner is solely responsible for any local business, income, or self-employment taxes arising from bookings secured through the Service.

5. PERMITTED USE AND NON-DISTRIBUTION

• Single-Use License: Each lead notification delivered via email or other automated channels is intended solely for the internal business use of the specific Planner who purchased it.

• No Reselling or Redistribution: Planner shall not resell, share, trade, lease, redistribute, or publicly post the contact information or details of any lead to any third party, marketplace, or competing wedding professional. Violation of this clause will result in immediate termination of the Planner's access to the Service without a refund and may subject the Planner to legal damages.

6. COUPLE PRIVACY AND COMPLIANCE
Planner agrees to handle all consumer information provided through the Service in strict compliance with applicable privacy laws and professional industry standards. Planner agrees to cease communication immediately if requested by the couple. Company explicitly disclaims all liability for disputes, contractual failures, or misconduct arising between the Planner and any couple introduced through the Service.

7. DISPUTE SUBMISSION & VERIFICATION WINDOW
All claims for Refunds must be submitted in writing to info@tumhihoevents.com within seventy-two (72) hours of the original lead purchase. Claims submitted outside this window will be automatically denied. The Planner must include unaltered screenshots of all client communications supporting the dispute.

8. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the Service or your subsequent interactions with any referred leads. In no event shall Company’s total liability exceed the total amount paid by the Planner to Company in the three (3) months preceding the claim.

9. INDEPENDENT CONTRACTOR STATUS
The Planner operates as an independent business entity. Nothing in this Agreement creates a partnership, joint venture, agency, or employer-employee relationship between Company and the Planner. The Planner is solely responsible for their own contracts, liability, event execution, and client satisfaction. Company bears no liability for disputes arising between the Planner and the client.

10. GOVERNING LAW AND VENUE
These Terms and any disputes arising out of them shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles. Any legal action arising hereunder shall be brought exclusively in the state or federal courts located in Montgomery County, Pennsylvania.

11. MODIFICATIONS TO TERMS
Company reserves the right to modify or replace these Terms at any time. Continued use of the Service after any changes constitute your acceptance of the updated Terms.