Effective Date: April 21, 2026
These Terms of Use ("Terms") constitute a binding legal agreement between you ("you" or "Client") and KRussCo LLC, a Missouri limited liability company, together with its affiliated brands and operating divisions ("Company," "we," "us," or "our"). These Terms govern your access to and use of the websites, applications, software, consulting services, programs, and other services offered by the Company under the following brands:
Collectively, the "Services." By accessing any website, creating an account, engaging our services, signing a statement of work or order form, making a purchase, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not access or use the Services.
IMPORTANT — ARBITRATION AND CLASS ACTION WAIVER. These Terms contain a binding arbitration clause and a class action waiver (see Section 22). By agreeing to these Terms, you agree to resolve disputes with us through mediation and then individual arbitration, and to waive any right to participate in a class action or jury trial, except as otherwise provided.
Account — a unique account created by or on behalf of you to access any portion of the Services requiring registration.
Client Content — any data, files, logos, marketing materials, brand assets, testimonials, information, or other content that you or your authorized users upload, submit, or provide to the Services or to us in connection with an engagement.
Company Materials — all frameworks, methodologies, templates, workflows, automations, scripts, code, playbooks, documentation, training content, software, trade secrets, know-how, and other materials owned by, licensed to, or developed by the Company, including pre-existing materials and materials created independently of any engagement.
Deliverables — the specific outputs, builds, configurations, assets, or work product produced for you under an engagement, as specifically identified in a statement of work, order form, or written agreement.
Engagement — a paid relationship between you and the Company covering consulting, programs, deliverables, or subscription services, as set forth in an order form, proposal, statement of work, online checkout, or other written acceptance.
Platform — The Lead ToolBox software-as-a-service offering, including underlying third-party software licensed for delivery of the Platform.
Subscription — a recurring paid access to the Platform or other recurring services, subject to usage-based fees and periodic charges as described in Section 7.
You represent and warrant that:
Certain Services require registration. You are responsible for:
We may refuse service, terminate Accounts, or cancel orders at our sole discretion, including for violations of these Terms or for conduct we determine to be harmful to us, other users, or third parties.
KevRuss provides custom business consulting and executive services to small and mid-sized businesses. Engagements are scoped and priced individually and are documented in a written proposal, statement of work, or engagement letter. The specific scope, fees, timeline, and deliverables of any KevRuss engagement are governed by the applicable engagement document, which is incorporated into these Terms by reference.
GrowthRevo provides a productized services program delivering sales and marketing systems, infrastructure, and revenue operations to small and mid-sized businesses. GrowthRevo engagements typically run for a fixed term of one hundred twenty (120) days, during which we configure and deliver systems, workflows, automations, and related assets. Specific fees, installation scope, and outcomes are set forth in the applicable order form or proposal.
Fees for GrowthRevo programs may be payable in full at the outset of the engagement or in installments as agreed in writing. Continued access to and functioning of systems delivered under a GrowthRevo engagement generally requires an active Platform Subscription (see Section 4.3) and ongoing payment of usage-based fees.
The Lead ToolBox is a software-as-a-service platform providing customer-relationship management, marketing automation, scheduling, communications, payments, and related business-operations functionality. Access to the Platform is provided on a Subscription basis and is subject to ongoing payment of Subscription fees and consumption-based usage fees (including, without limitation, charges for telephone minutes, text messages, email sends, AI services, and similar metered resources).
The Platform is delivered using underlying third-party software infrastructure. Availability of specific Platform features may change from time to time as the underlying infrastructure evolves. We will use commercially reasonable efforts to provide continuity of service, but we do not guarantee that any specific feature will remain available indefinitely.
From time to time, we may offer beta, evaluation, pilot, or preview features. Such features are provided "as is" and without warranty of any kind. We may modify or discontinue beta features at any time. Your use of a beta feature is at your own risk.
You agree not to, and not to permit any authorized user or third party to:
We reserve the right to investigate suspected violations and to suspend or terminate Accounts, remove content, or pursue any other remedy available to us in response to violations of this Section 5.
As between you and us, you retain all right, title, and interest in and to Client Content. Nothing in these Terms transfers ownership of Client Content to us.
You grant the Company a non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable (solely to our Service Providers and only as necessary for delivery of the Services) license to access, use, host, copy, transmit, display, modify, and create derivative works of Client Content for the purposes of:
You grant the Company a non-exclusive, worldwide, royalty-free license to use your name, logo, trademarks, and brand assets as reasonably necessary to deliver the Services during the term of an Engagement. This includes, without limitation, configuring your branded assets into marketing funnels, emails, SMS templates, and other Deliverables.
Subject to your prior permission, which you agree not to unreasonably withhold, you grant the Company a non-exclusive, worldwide, perpetual, royalty-free license to use your name, logo, likeness, testimonials, quotes, results, and summary case study information in Company marketing, sales materials, website, social media, pitch decks, and similar promotional contexts. We will provide a reasonable opportunity for you to review and approve any specific publication before it becomes public. You may revoke or restrict consent to a specific publication at any time by written notice to us, in which case we will remove the affected content within a reasonable time.
You represent and warrant that you have all rights, consents, authorizations, and permissions necessary for us to process Client Content as contemplated by these Terms, including any permissions required to process personal data of your own customers, prospects, and employees. You are solely responsible for the accuracy, legality, and appropriateness of Client Content.
You agree to pay all fees as set forth in the applicable order form, proposal, statement of work, or online checkout. Fees may include one-time setup or program fees (such as the GrowthRevo program fee), recurring Subscription fees (such as Platform access), and usage-based fees (such as telephone, SMS, email, and AI consumption charges). All fees are in U.S. dollars unless otherwise stated and are exclusive of applicable taxes, which you are responsible for paying.
You authorize us and our payment processors to charge the payment method on file for all fees when due. You are responsible for keeping your payment information current. If a payment fails, we may suspend the Services after notice and reasonable opportunity to cure, and you remain liable for unpaid amounts plus any applicable late fees, collection costs, and reasonable attorneys’ fees.
SUBSCRIPTIONS AUTOMATICALLY RENEW. Unless cancelled as described in Section 7.5, all Subscriptions automatically renew at the end of each billing cycle for successive periods of the same length as the initial term, at the then-current renewal rate. By subscribing, you authorize us to charge your payment method for the renewal fees at the start of each renewal period, without further notice or consent, until cancelled.
The Platform includes metered usage (telephone, SMS, email, AI processing, and similar resources). Usage is billed in arrears based on actual consumption at the rates set forth in your Account or the applicable order form. We may adjust usage rates by providing reasonable advance notice (generally 30 days). Continued use of the Platform after a rate change takes effect constitutes acceptance of the new rates.
Platform Subscriptions. You may cancel a Subscription by providing at least thirty (30) days’ written notice to [email protected] or through any cancellation mechanism we designate in your Account. Cancellation takes effect at the end of the notice period, and you remain responsible for fees through the effective date of cancellation.
Consulting and Program Engagements. Fixed-term engagements (including GrowthRevo 120-day programs) are not subject to cancellation before the end of the term except as provided in the applicable order form. If you discontinue participation before the end of the term, you remain liable for all fees committed under the engagement.
All fees are non-refundable except at our sole discretion on a case-by-case basis. Services already rendered, work already performed, licenses already provisioned, and usage already consumed are not refundable. The Company does not offer a general money-back guarantee. Refund requests may be submitted in writing to [email protected].
We may change fees, add new fees, or introduce new paid features at any time. For Subscription fees, changes will take effect at the start of your next billing cycle and we will provide reasonable advance notice (generally 30 days). If you do not agree to a fee change, your sole remedy is to cancel the Subscription before the change takes effect.
You agree to contact us to resolve billing disputes before initiating a chargeback or payment dispute with your bank or credit card issuer. If you initiate a chargeback that we determine in good faith is invalid, we may suspend or terminate your Account and recover the disputed amount along with reasonable processing, investigation, and collection costs.
You are responsible for all applicable taxes (including sales, use, VAT, GST, or similar taxes) associated with your purchases and use of the Services, excluding taxes based on our net income. If we are required to collect and remit taxes, those will be added to the invoice and charged to your payment method.
Upon full payment of all amounts due under an Engagement, and subject to Section 8.3, you own the specific Deliverables created for you under that Engagement, excluding Company Materials and third-party components embedded in or used to operate those Deliverables.
Company Materials are and remain the exclusive property of the Company. Nothing in an Engagement transfers ownership of Company Materials to you. The Company grants you a non-exclusive, non-transferable, non-sublicensable license to use Company Materials solely to the extent necessary to use the Deliverables for your internal business purposes during the term of the applicable Engagement.
IMPORTANT: Deliverables are built on and depend on the underlying Platform and third-party infrastructure. Continued use, functioning, access, or operation of Deliverables generally requires:
If your Platform Subscription is terminated, suspended, or not renewed, or if any underlying third-party infrastructure ceases to be available, Deliverables may cease to function in whole or in part. Ownership of Deliverables, as described in Section 8.1, does not create any obligation on our part to restore, migrate, or recreate Deliverables outside of the Platform environment, and does not entitle you to the underlying source code, Company Materials, or third-party components.
Upon termination or cancellation, you may request an export of your data stored on the Platform, subject to the export capabilities of the underlying third-party infrastructure and our then-current export policies. We will use commercially reasonable efforts to accommodate reasonable export requests made within thirty (30) days after termination. After that period, we may delete your data consistent with our retention practices.
SMS Consent. By providing a mobile telephone number and opting in, you consent to receive text messages from us, including marketing, transactional, and account messages. Message and data rates may apply. Message frequency varies. Reply STOP to opt out or HELP for assistance. Consent to receive text messages is not a condition of any purchase.
Email Consent. By providing an email address, you consent to receive transactional and account emails. You may opt out of marketing emails using the unsubscribe link in any such email.
Client Use of Communications Tools. If you use the Platform to send communications to your own contacts (your customers, prospects, or users), you are solely responsible for obtaining all necessary consents, providing all required disclosures, honoring opt-outs, and complying with all applicable laws, including the TCPA, CAN-SPAM Act, CASL, state consumer protection laws, and carrier requirements (including 10DLC registration for A2P SMS in the United States). You agree to indemnify the Company for any claims, fines, penalties, or liabilities arising from your use of communications tools.
By engaging in any voice call with the Company (inbound or outbound), you consent to having the call recorded, transcribed, analyzed (including by artificial intelligence tools), and retained for quality assurance, training, coaching, legal compliance, dispute resolution, and documentation. Where required by law, we provide a disclosure at the beginning of the call. If you do not consent to being recorded, please inform us at the start of the call; we will either stop recording or terminate the call.
If you use the Platform or any Deliverable that records your own calls with your own contacts, you are responsible for obtaining all consents required by applicable federal, state, and provincial laws, including laws in two-party-consent jurisdictions (such as California, Florida, Illinois, Pennsylvania, Washington, Massachusetts, Maryland, Montana, Nevada, New Hampshire, and Connecticut).
The Services may incorporate artificial intelligence (AI) features, including conversational assistants, transcription, summarization, lead scoring, content generation, and workflow automation. AI outputs are generated by probabilistic models and may contain errors, omissions, or inaccuracies. AI outputs are not a substitute for human judgment, legal advice, medical advice, financial advice, or other professional advice. You are responsible for reviewing AI-generated outputs before relying on them or distributing them.
We do not represent that AI features will produce any particular outcome. We disclaim all warranties with respect to AI outputs to the fullest extent permitted by law.
The Services integrate with or rely on third-party products, platforms, services, and infrastructure ("Third-Party Services"). Your use of Third-Party Services is subject to the terms, conditions, and privacy policies of those third parties. We are not responsible for the availability, functionality, security, or practices of any Third-Party Service, and we do not endorse, warrant, or assume liability for any Third-Party Service. If a Third-Party Service becomes unavailable, modifies its features or pricing, or terminates our integration, the corresponding portion of the Services may be affected, and we will have no liability for any resulting disruption.
Each party may receive or have access to non-public information of the other party that is identified as confidential or that should reasonably be understood to be confidential given its nature and the circumstances of disclosure ("Confidential Information"). Confidential Information includes, without limitation, business plans, financial information, customer lists, pricing, methodologies, Company Materials, Client Content, and the specific terms of any engagement.
Each party agrees to: (a) use Confidential Information of the other party only for purposes of performing under these Terms; (b) protect such Confidential Information using at least the same degree of care it uses to protect its own confidential information, and no less than a reasonable standard of care; and (c) not disclose such Confidential Information to any third party except to its employees, contractors, advisors, and Service Providers who have a need to know and who are bound by confidentiality obligations at least as protective as these. Obligations of confidentiality survive termination of these Terms for a period of five (5) years, except that trade secrets remain protected for so long as they qualify as trade secrets under applicable law.
NO GUARANTEE OF RESULTS. The Company does not guarantee any specific business result, revenue outcome, lead volume, conversion rate, cost reduction, return on investment, or other performance outcome from your use of the Services. Outcomes depend on many factors outside our control, including your market, execution, team, capital, product, and operational decisions. Case studies, testimonials, and example outcomes represent the experience of specific clients and are not a guarantee or representation of the outcome any other client will achieve.
AS IS BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, COMPANY MATERIALS, DELIVERABLES, AND ALL AI OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
NO PROFESSIONAL ADVICE. The Services are not legal, accounting, tax, investment, medical, or other professional advice. You should consult qualified professionals before making decisions based on information obtained through the Services.
EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, DATA, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CAP ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, ANY ENGAGEMENT, OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS ACTUALLY PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) THE INITIAL SETUP, INSTALL, OR PROGRAM FEE PAID BY YOU UNDER THE APPLICABLE ENGAGEMENT. THIS CAP APPLIES IN THE AGGREGATE TO ALL CLAIMS OF ANY KIND.
The parties acknowledge that the limitations in this Section are a fundamental basis of the bargain between them, that they would not enter into these Terms without these limitations, and that these limitations apply even if any remedy fails its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, the Company’s liability is limited to the maximum extent permitted by law.
You agree to defend, indemnify, and hold harmless the Company and its members, officers, employees, agents, contractors, and affiliates from and against any and all claims, demands, actions, suits, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
The Company will promptly notify you of any claim subject to indemnification and will cooperate in the defense. The Company reserves the right to participate in the defense at its own expense and to approve any settlement that imposes obligations on the Company.
These Terms begin when you first access or use the Services and continue until terminated.
Termination by You. You may terminate these Terms at any time by discontinuing use of the Services and cancelling any active Subscriptions in accordance with Section 7.5. Termination does not relieve you of payment obligations incurred before termination.
Termination by Us. We may suspend or terminate your Account, any Engagement, or these Terms at any time, with or without notice, if: (a) you breach these Terms; (b) payment on your Account is overdue; (c) we determine in good faith that your use of the Services creates risk of harm, legal liability, or reputational damage; or (d) we discontinue the Services in whole or in part.
Effect of Termination. Upon termination: (a) your right to access and use the Services ends; (b) you remain liable for all fees accrued before termination; (c) we may delete your data consistent with our retention practices and Section 8.4; and (d) Sections that by their nature should survive termination (including definitions, Sections 6 through 16, and Sections 18 through 22) will survive.
Subject to the approval process described in Section 6.4, the Company may publicly identify you as a client of the Company and may reference your engagement, brand, logo, results summaries, and testimonials in our marketing materials, case studies, sales collateral, and website.
Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemics, epidemics, acts of government, war, terrorism, civil unrest, labor disputes, internet or telecommunications outages, failures of third-party infrastructure, cyberattacks, or other events of force majeure.
Notices to the Company must be sent in writing to KRussCo LLC, 629 Maple Valley Drive #102, Farmington, MO 63640, with a copy by email to [email protected]. Notices to you may be sent to the email address or mailing address associated with your Account, or provided through a prominent notice on the Services. Notices are effective upon receipt for email and three (3) business days after posting for mailed notices.
We may modify these Terms from time to time. When we make material changes, we will post the revised Terms on our Sites and update the "Effective Date" at the top of these Terms. For material changes, we will provide reasonable advance notice, which may include email notification or in-app notice. Your continued use of the Services after the effective date of revised Terms constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services.
These Terms and any dispute arising out of or relating to these Terms or the Services are governed by the laws of the State of Missouri, without regard to its conflict of laws principles, and by applicable U.S. federal law.
Before initiating any formal dispute resolution, the parties agree to attempt in good faith to resolve any dispute informally by contacting each other. A party must send a written description of the dispute to the other party’s notice address in Section 20 and allow at least thirty (30) days for the parties to attempt to resolve the matter directly.
If the parties are unable to resolve the dispute informally, the parties agree to attempt mediation before a single mediator mutually agreed upon by the parties, or if the parties cannot agree, a mediator appointed by the American Arbitration Association ("AAA"). The mediation will take place in St. Francois County, Missouri, unless otherwise agreed. Each party will bear its own costs of mediation and share the mediator’s fees equally.
If mediation does not resolve the dispute within sixty (60) days after the demand for mediation, or if a party refuses in writing to participate in mediation, the dispute will be resolved by binding arbitration administered by the AAA under its Commercial Arbitration Rules then in effect. The arbitration will be conducted by a single arbitrator in St. Francois County, Missouri, unless the parties agree otherwise. Judgment on the award may be entered in any court of competent jurisdiction.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court or arbitrator determines that this class action waiver is unenforceable with respect to any claim, that claim must be severed from the arbitration and brought in the courts described in Section 22.7, but the remaining claims will proceed in arbitration.
Notwithstanding the above, either party may: (a) seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property, Confidential Information, or other proprietary rights; (b) bring an individual claim in a small-claims court located in St. Francois County, Missouri, for claims within that court’s jurisdiction; or (c) pursue collection of undisputed amounts owed in any court of competent jurisdiction.
For any dispute not subject to arbitration, you and the Company agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in St. Francois County, Missouri, and you consent to personal jurisdiction in those courts.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND THE COMPANY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.
Any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after the claim accrues, or it is permanently barred, except to the extent applicable law prohibits a shorter limitations period.
These Terms, together with the Privacy Policy, any applicable order forms, statements of work, engagement letters, and proposals, constitute the entire agreement between you and the Company regarding the Services and supersede all prior agreements, representations, and understandings. In the event of a conflict between these Terms and an executed order form or statement of work, the order form or statement of work controls.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ original intent.
Our failure to enforce any provision of these Terms is not a waiver of our right to do so later. Waivers are effective only if in writing and signed by an authorized representative of the Company.
You may not assign or transfer these Terms or your rights under these Terms, by operation of law or otherwise, without our prior written consent. Any attempted assignment without consent is void. We may assign these Terms, in whole or in part, at any time without your consent, including in connection with a merger, acquisition, or sale of assets.
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between the parties.
Except as expressly provided, these Terms do not create any rights or remedies for any third party.
Section headings are for convenience only and do not affect the interpretation of these Terms.
These Terms may be accepted electronically, and electronic acceptance has the same force and effect as a handwritten signature. Order forms and statements of work may be executed in counterparts, each of which is deemed an original.
| Method | Contact |
|---|---|
| Company | KRussCo LLC |
| Mailing address | 629 Maple Valley Drive #102, Farmington, MO 63640 |
| General legal email | [email protected] |
| GrowthRevo inquiries | [email protected] |
| The Lead ToolBox inquiries | [email protected] |
| Telephone | (573) 515-2065 |