Partner Terms (Lead Buyer Agreement summary)

These terms govern purchases by participating law firms and legal intake partners (“Partner”) from FusionByte Media LLC, d/b/a TortMatics (“TortMatics”). A signed insertion order (“IO”) sets campaign, price, states, caps, and criteria. If an IO conflicts with these terms, the IO controls for that campaign. The Data Usage Policy, Data Processing Addendum, Returns Policy, and Acceptable Use Policy are part of these terms.

1. Relationship

TortMatics is an independent marketing and intake vendor. It is not a law firm, does not practice law, is not a lawyer referral service, and does not recommend Partner to consumers. Partner alone decides whether to evaluate, accept, or decline any matter and is responsible for its own professional obligations, including supervision of non-lawyer assistance (ABA Formal Op. 501) and compliance with the rules of professional conduct of each state where it advertises or practices.

2. Products

• Screened lead: a consumer request meeting the IO criteria, with consents and a TrustedForm certificate.
• Live transfer: a screened consumer connected by phone to Partner after verbal confirmation of key criteria.
• Case-ready packet: a screened lead plus Partner's questionnaire and record requests, for attorney review.

3. Pricing — no fee sharing

Prices are flat per lead, transfer, or packet as stated in the IO. Pricing is never a percentage of legal fees, never contingent on a case being signed, settled, or won, and TortMatics never shares in legal fees (Model Rules 5.4 and 7.2). Invoices are due net 15 unless the IO says otherwise.

4. Delivery, caps, and pausing

Delivery is by API, webhook, or CRM integration in real time, or as the IO specifies. Partner may set daily or monthly caps and pause a campaign with one business day's notice. Leads are exclusive to Partner unless the IO says otherwise.

5. Partner representations

• Partner and its lawyers are licensed and in good standing in every state for which Partner buys.
• Partner designates a responsible attorney for each state whose advertising rules require one, and supplies anything TortMatics needs to identify that attorney in advertising.
• Partner complies with the TCPA, the Telemarketing Sales Rule where applicable, state telemarketing and mini-TCPA laws, CAN-SPAM, state privacy and consumer health data laws, and attorney advertising and solicitation rules.
• Partner contacts consumers only within the scope of their consent, only about their request, between 9 a.m. and 8 p.m. local time, and honors opt-outs within 24 hours.
• Florida: Partner will cooperate with any qualifying-provider requirements (including the four-unaffiliated-firm minimum) and Bar filings.

6. TortMatics representations

• Each lead is collected on TortMatics-controlled pages with an unchecked, versioned consent and a TrustedForm certificate retained for the Partner.
• Campaign pages avoid misleading statements, cite sources, and carry required disclosures.
• TortMatics does not buy or resell third-party leads under these terms.

7. Data protection

Partner receives personal information, including sensitive and consumer health data, as a third party and must follow the Data Processing Addendum. For Washington and Nevada consumers, health data is delivered only with the consumer's signed authorization naming Partner; Partner must retain it for six years. Maryland sensitive-data leads are not sold.

8. Indemnity and liability

Each party indemnifies the other against third-party claims arising from its own breach of these terms or violation of law, including TCPA and professional-conduct claims arising from its own conduct. Except for indemnity, data-protection breaches, and fraud, neither party is liable for indirect or consequential damages, and each party's liability is capped at the fees paid under the IO in the 12 months before the claim.

9. Insurance and audit

Partner maintains professional liability and cyber insurance. On reasonable notice, either party may audit the other's compliance with consent, opt-out, and data obligations once per year.

10. Term and termination

Either party may end an IO on 7 days' written notice, or immediately for material breach, a regulatory order, or loss of licensure. Data obligations survive termination.

11. Contact

info@tortmatics.com. Full master services agreements are provided for signature before the first delivery.

All partner policies