1. Introduction

Welcome to Baythive . These Terms and Conditions govern the purchase and use of real estate leads provided by Baythive to you . By purchasing or using any lead from Baythive, you agree to be bound by these Terms.

2. Definitions

  • “Lead” means a consumer’s contact information (name, phone, email, property interest details and zip codes) generated and sold by Baythive.

  • “Triple-Verified” means Baythive has performed three (3) separate verification steps: (i) consumer intent confirmation, (ii) contact information validity check, and (iii) exclusivity lock (no other agent receives the same lead from us). Verification methods are described on our website and may be updated from time to time.

  • “Exclusive Lead” means the same Lead is sold only to one Agent through Baythive. However, the consumer may independently contact other agents or platforms.

  • “Lead Pack” means a set number of Leads purchased as a bundle.

3. Lead Verification & Exclusivity

  • Baythive warrants that at the time of delivery, each Lead labeled “Triple-Verified” has passed our internal verification process. Verification does not guarantee that the consumer will respond, transact, or be interested after initial contact.

  • Exclusivity applies only to Baythive’s sales channel. We do not control whether the consumer submits their information to other lead generation websites, Zillow, Realtor.com, or other agents.

  • If you receive a Lead that demonstrably fails verification (e.g., wrong phone number, no intent to buy/rent), you must notify us within 48 hours of delivery. We will either replace the Lead or issue a credit (no cash refunds).

4. Lead Delivery

  • Leads are delivered via email as selected at checkout.

  • Delivery timeframes are estimates. We are not liable for delays caused by technical issues, spam filters, or incorrect contact information provided by you.

  • You are responsible for contacting Leads promptly. Baythive makes no guarantee on response rate, conversion rate, or closed transactions.

5. Fees & Payment

  • All fees are in USD and are non-refundable except as expressly stated in Section 3.

  • Payment is due at time of purchase. We accept list your payment methods, e.g., credit card. also invoice.

  • For recurring subscriptions, you authorize automatic billing. You may cancel auto-renewal at least 7 days before the next billing cycle.

  • Late payments may result in suspension of lead delivery and accrual of interest at 1.5% per month (or the maximum legal rate).

6. Refund & Replacement Policy

  • No cash refunds are provided for Leads, even if you fail to contact them or the consumer does not reply.

  • Replacement Lead (credit) available only if:

    • You report the issue within 48 hours of Lead delivery.

    • The Lead’s phone number is disconnected, email bounces, or the consumer explicitly states they never requested real estate information.

  • Maximum replacement per order: 10% of total Leads purchased in that order.

7. Disclaimer of Warranties

  • Leads are provided “AS IS” and “AS AVAILABLE”. Baythive does not warrant that any Lead will result in a sale, commission, or profitable transaction.

  • We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

  • Verification is performed with reasonable care but cannot be 100% accurate due to consumer behavior changes.

8. Limitation of Liability

  • To the maximum extent permitted by law, Baythive’s total liability to you for any claim arising from these Terms or Lead purchase shall not exceed the total fees paid by you to Baythive in the 3 months preceding the claim.

  • We are not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost commissions, or reputational harm.

9. Indemnification

You agree to indemnify and hold harmless Baythive, its owners, employees, and affiliates from any claims, damages, fines, or expenses (including attorney’s fees) arising from:

  • Your violation of telemarketing, spam, or privacy laws when contacting Leads.

  • Your resale or misuse of any Lead.

  • Any dispute between you and a consumer.

10. Termination

  • Baythive may suspend or terminate your access to future Leads if you breach these Terms (e.g., reselling Leads, non-payment, abusive behavior).

  • Upon termination, any unused Lead credits are forfeited.

11. No Agency or Partnership

These Terms do not create any joint venture, partnership, employment, or agency relationship. You are an independent real estate professional.

12. Governing Law & Dispute Resolution

  • These Terms are governed by the laws of [Your State, e.g., Texas or Florida] .

  • Any dispute shall first be attempted through good-faith negotiation. If unresolved within 15 days, the dispute shall be submitted to binding arbitration in  under the rules of the American Arbitration Association (AAA). Each party bears its own arbitration costs unless the arbitrator decides otherwise.

13. Modifications

We may update these Terms at any time by posting the revised version on our website. Your continued purchase of Leads after changes constitutes acceptance.

14. Entire Agreement

These Terms (plus any order form or invoice) constitute the entire agreement between you and Baythive regarding Lead purchases.