LeadGen-Agent is a responsible B2B prospecting tool. We recognize that irresponsible sending of commercial emails harms recipients, damages senders' reputations and can result in significant legal penalties. This policy establishes the minimum standards all users must meet when using the email sending feature.
This policy is incorporated into the Terms of Service by reference.
2. What We Consider Spam
For the purposes of this policy, we consider spam any commercial communication that:
Is sent to recipients with whom there is no prior commercial relationship nor reasonably presumable interest in the offer.
Uses a false, misleading or impersonating sender identity.
Does not include a functional opt-out mechanism.
Is sent to a recipient who has previously requested not to receive further communications from the sender.
Is sent in volumes that exceed any reasonable criterion of individual commercial prospecting.
Uses purchased, leased or scraped email lists from sources inconsistent with this Platform's terms.
Has predominantly deceptive content designed to conceal its commercial nature.
3. Applicable Legal Frameworks by Recipient Jurisdiction
The User is responsible for complying with the law of the recipient's country. Below is a summary of minimum requirements by jurisdiction:
United States — CAN-SPAM Act (15 U.S.C. § 7701)
The email must clearly identify itself as commercial.
The "From" field must contain the sender's real name.
The subject line must not be misleading or false.
The sender's physical postal address must be included.
A clear opt-out mechanism (functional unsubscribe link) must be included.
Opt-out requests must be honored within 10 business days.
Prohibited to rent, sell or transfer the addresses of those who opted out.
European Union / EEA — GDPR (Regulation EU 2016/679) + ePrivacy Directive 2002/58/EC
For emails to individuals (including B2B contacts who are natural persons): prior consent is required or a legitimate interest basis that passes the balancing test (genuine relevance of the offer, reasonable expectation of the recipient, opt-out offered).
B2B legitimate interest may justify prospecting when: (a) the email is relevant to the recipient's professional activity, (b) there is a reasonable connection to the type of service offered, (c) opt-out is provided and honored.
Germany, Austria, Netherlands: stricter local legislation; verify with local legal counsel or limit sending to contacts with a prior relationship.
Always include opt-out and honor it immediately.
Canada — CASL (Canada's Anti-Spam Legislation, S.C. 2010, c. 23)
Requires express consent for commercial emails, with exceptions (existing commercial relationship, prior inquiry by the recipient, personal/family relationship, among others).
The email must identify the sender, include contact information and an opt-out mechanism.
Opt-out requests must be honored within 10 business days.
United Kingdom — UK GDPR + PECR (Privacy and Electronic Communications Regulations 2003)
Similar to the European framework. Requires consent or legitimate basis for B2B.
Include sender information and a functional opt-out.
Colombia — Law 1581/2012, Law 527/1999 and SIC guidelines
Clearly identify the sender and provide an opt-out mechanism.
Comply with the Consumer Protection Act (Law 1480/2011) as applicable to commercial communications.
Follow the Superintendencia de Industria y Comercio guidelines on unsolicited electronic communications.
LATAM (other countries)
Mexico: LFPDPPP requires consent to use personal data for marketing purposes.
Argentina: Law 25,326 on Personal Data Protection.
Chile: Law 19,628 on Protection of Private Life.
Brazil: LGPD (Law 13,709/2018) requires a legal basis for commercial contact.
The User is responsible for verifying the specific regulations of the recipient's country.
4. Technical Protections Implemented by the Platform
LeadGen-Agent implements the following measures to reduce spam risk and protect the User's reputation:
Daily send limits per plan: enforced server-side, with a hard cap not bypassed from the interface.
Graduated warming-up: 30-day process for new accounts that progressively increases daily send volumes, reducing the risk of Gmail classifying emails as spam.
Send deduplication: the system prevents sending the same email to the same recipient more than once per active campaign.
Bounce rate monitoring: if the hard bounce rate exceeds 5% in a 24-hour period, the sending function may be automatically suspended temporarily.
Audit log: all sends are logged with timestamp, recipient, delivery status and job reference, for 12 months.
Presentation content control: templates generated by the Platform include structures that facilitate compliance (sender identification, space for opt-out).
5. User Responsibility
By using LeadGen-Agent's email sending feature, the User accepts and acknowledges that:
They are the sole responsible party for every email sent from their connected Gmail account, including its content, recipients and legal compliance.
The Platform acts as a technical tool; the User makes all sending decisions.
They are solely responsible for any costs, fines, penalties or damages resulting from violations of anti-spam laws in any jurisdiction.
LeadGen-Agent may cooperate with regulatory or judicial authorities and provide email activity logs in response to valid legal requirements.
They must maintain their own records of consents obtained when applicable law requires it.
6. Consequences of Spam Sending
Upon verifiable evidence or substantiated complaint of spam:
The Provider may immediately and without prior notice suspend the account's email sending feature.
If the incident is serious or persists after the initial suspension, the account may be terminated without refund.
Activity records will be retained during the investigation period.
Google may be notified regarding OAuth token use if there is evidence of abuse violating Google's policies.
In cases of mass spam with legal consequences for third parties, the Provider may provide the User's information to competent authorities as required by law.
7. Recommended Best Practices
While not required as policy, we recommend Users:
Personalize every email: personalized emails have lower spam rates and higher conversion.
Research the recipient: send only when there is a real connection between the service offered and the target business.
Include context: mention why you found the business and what connection it has to your offer.
Respect local business hours: send during the recipient's local business hours.
Be truthful with the subject: the subject line must accurately reflect the email content.
Use your own domain: sending from a business domain improves deliverability and perceived legitimacy.
8. Spam Reporting Contact
If you are a recipient of an email sent through LeadGen-Agent that you consider spam or abusive: