Terms of Service

1) Use of Services

You will use the Services only for lawful business purposes and in accordance with these Terms and any documentation. You will not: (a) copy, modify, or create derivative works of the Services; (b) reverse engineer, decompile, or otherwise attempt to extract source code (except to the extent such restriction is prohibited by law); (c) bypass usage limits or security; (d) use the Services to transmit unlawful, deceptive, harassing, or harmful content; or (e) infringe third party rights.

2) Subscription License and Access

Subject to these Terms and timely payment of fees, we grant you a limited, non exclusive, non transferable, revocable right to access and use the Services during your subscription term for your internal business purposes. Software is provided as a hosted service; no title or ownership transfers to you. We reserve all rights not expressly granted.

3) Accounts and Security

You must provide accurate account information and keep it updated. You are responsible for maintaining the confidentiality of credentials and for all activities under your account. Notify us promptly of any unauthorized use or security incident.

4) Fees, Auto Renewal and Usage Based Charges

4.1 Billing. Fees (including setup and build fees) are due upfront and processed via Stripe or another approved processor. Subscriptions auto renew each billing period until canceled.

4.2 Usage Based Fees. Certain features (e.g., AI voice minutes, carrier fees, premium triggers) are billed in addition to subscription fees at posted or contract rates and may change with notice.

4.3 Taxes. Fees exclude taxes and withholdings; you are responsible for applicable taxes.

4.4 Non Payment. We may suspend or limit the Services for late or failed payments.

5) Availability, Maintenance and Changes

We use commercially reasonable efforts to provide the Services with high availability. We may perform maintenance (planned or emergency) and modify or discontinue features, provided such changes do not materially diminish core functionality without notice. You acknowledge that internet and third party platforms may affect availability.

6) Client Cooperation and Onboarding Timelines

6.1 Cooperation Required. Delivery of the Services depends on your timely cooperation. You agree to provide within the timeframes we reasonably request:

• Completed onboarding questionnaires and intake forms;
• Access credentials to third party platforms (CRM, calendar, telephony, ad accounts) required for integration;
• Business information including qualifying questions, service descriptions, team member details, and scheduling availability;
• Timely responses to approval requests, review items, and questions from our team;
• Any content, assets, or materials necessary to configure your AI agents and automations.

6.2 Onboarding Timeline. Our standard onboarding and build process begins on the date of signup ("Signup Date") and is designed to be completed within fourteen (14) business days, subject to your cooperation. All guarantee periods, trial periods, and performance windows defined in these Terms are measured from the Signup Date, not from the date you first log in, first provide materials, or first begin active use.

6.3 Client Caused Delays. If you fail to provide required information, access, approvals, or responses within five (5) business days of our request, that delay is a "Client Delay." Client Delays do not pause, extend, or toll any guarantee period, trial period, or performance window. If cumulative Client Delays exceed ten (10) business days, any applicable performance guarantee (Section 7) is void and no refund will be issued.

6.4 Documentation of Delays. We maintain records of all requests for information and client response times. These records serve as the basis for determining whether delays are attributable to the client or to Follow Up Factory.

7) 30 Day Performance Guarantee

7.1 The Guarantee. We guarantee that your AI system will book at least one (1) qualified appointment within thirty (30) calendar days of the Signup Date (the "Guarantee Period"), provided you have fulfilled all cooperation obligations in Section 6.

7.2 If the Guarantee Is Not Met. If your system has not booked a qualified appointment within the Guarantee Period and you have met all cooperation obligations, you may choose one of the following remedies:

• Option A: Continued Service at No Cost. We will pause your monthly subscription billing and continue to optimize, adjust, and operate your system at our expense until your first qualified appointment is booked. Your subscription billing resumes on the date the first appointment is booked.
• Option B: Build Fee Refund. You may request a refund of the setup and build fee paid. Refund requests must be submitted in writing to [email protected] within seven (7) calendar days after the Guarantee Period ends. Refunds requested after this window are not eligible.

7.3 Guarantee Exclusions. The 30 Day Performance Guarantee does not apply and no refund or remedy is available if any of the following occur:

• Cumulative Client Delays (as defined in Section 6.3) exceed ten (10) business days;
• You fail to provide required CRM access, calendar access, or telephony credentials within seven (7) business days of signup;
• You modify, disable, or interfere with AI agent configurations, workflows, or automations without our written approval;
• Your lead volume, contact lists, or data quality are insufficient to generate appointments (e.g., no leads in pipeline, invalid contact data, purchased lists with disconnected numbers);
• External factors beyond our control prevent system operation, including but not limited to carrier suspensions, A2P registration delays imposed by carriers, CRM platform outages, or changes to third party APIs;
• You are on a Pay After Proof (PAP) arrangement, which has its own separate terms (Section 9);
• You cancel or request termination before the Guarantee Period expires.

7.4 Sole Remedy. The remedies in Section 7.2 are your sole and exclusive remedies for failure to meet the 30 Day Performance Guarantee. No other refund, credit, or damages are available under this guarantee.

8) Refund Policy

8.1 General Rule. Except as expressly provided in the 30 Day Performance Guarantee (Section 7), all fees are non refundable. This includes setup fees, build fees, monthly subscription fees, and usage based charges.

8.2 Monthly Subscription Fees. Monthly subscription fees are non refundable once the billing cycle has begun. If you cancel mid cycle, you retain access through the end of the paid period but no prorated refund will be issued.

8.3 Setup and Build Fees. Setup and build fees compensate us for custom configuration work that begins immediately upon signup. These fees are non refundable except under the 30 Day Performance Guarantee when all conditions in Section 7 are met.

8.4 Usage Based Charges. Charges for AI voice minutes, SMS, carrier fees, and other usage based services reflect costs already incurred and are non refundable under any circumstances.

8.5 Refund Requests. All refund requests must be submitted in writing to [email protected]. Verbal requests, social media messages, or requests made to individual team members do not constitute valid refund requests. We will respond to valid refund requests within ten (10) business days.

9) Pay After Proof (PAP) Program

Where offered, PAP applies only to designated packages. PAP typically requires a deposit and agreement on key performance indicators ("KPIs"). If the KPI is achieved within the PAP window, the remaining balance is due. If not achieved, we may extend efforts at our cost until achieved or agree on next steps. PAP is not available on Self Serve or Starter tiers unless expressly stated. Full PAP terms are provided for signature at onboarding. PAP arrangements have their own guarantee structure and are excluded from the 30 Day Performance Guarantee in Section 7.

10) Messaging Compliance (A2P, TCPA, CAN SPAM, GDPR)

If you use telephony, SMS, MMS, email, or social DMs through the Services, you must comply with all applicable laws and carrier rules, including but not limited to A2P 10DLC registration and content policies, the U.S. Telephone Consumer Protection Act (TCPA), CAN SPAM, CASL, GDPR and UK GDPR (as applicable), and industry guidelines.

You are solely responsible for obtaining and honoring valid consent; including opt out notices (e.g., "STOP to opt out"); honoring quiet hours; maintaining suppression lists; and retaining consent records. We may throttle, block, or suspend traffic to protect recipients, carriers, and our infrastructure.

11) Privacy, Customer Data and Processing

Customer Data. You retain ownership of data you submit to the Services ("Customer Data"). You grant us a worldwide, non exclusive license to host, process, transmit, and display Customer Data solely to provide and improve the Services and as otherwise permitted in our Privacy Policy.

If we process personal data on your behalf, we do so as a processor under your instructions; you are responsible for all legally required notices and consents.

Security. We maintain administrative, technical, and physical safeguards appropriate to the risk. No system is 100% secure.

12) Third Party Services

The Services may integrate with platforms such as GoHighLevel, telephony providers, social networks, analytics, or payment processors. Your use of third party services is subject to their terms and fees. We are not responsible for third party acts, omissions, or outages.

13) Intellectual Property and Feedback

The Services, documentation, and all related materials are owned by Follow Up Factory or its licensors and are protected by intellectual property laws. Except for the subscription license above, no rights are granted.

If you provide feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty free license to use them without restriction.

14) Trials, Beta and Preview Features

Trials and beta or preview features are provided for evaluation, may be modified or discontinued at any time, and are provided "as is" without support or warranty. Do not rely on betas for production use.

15) Disclaimers

The Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, and non infringement.

AI and automation outputs are probabilistic and may be inaccurate or incomplete; you are responsible for review and for your decisions and communications.

16) Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, revenue, data, or business interruption.

Our aggregate liability for all claims in any 12 month period is limited to the amounts you paid to us for the Services giving rise to the claim during that period.

17) Indemnification

You will indemnify, defend, and hold harmless Follow Up Factory and its affiliates from claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of your content, your use of the Services, or your breach of these Terms or applicable law, including messaging compliance requirements.

18) Suspension, Termination and Data Export

We may suspend or terminate access for breach or risk to the Services, recipients, or carriers. Upon termination, your right to use the Services ends.

Upon written request within a reasonable period after termination, we will provide an export of Customer Data in a commonly used format, unless legally or technically restricted. Certain provisions (fees owed, IP, disclaimers, liability limits, indemnity) survive termination.

19) Governing Law and Venue

These Terms are governed by the laws of the State of New Jersey, USA, without regard to conflict of laws rules. Exclusive venue for any dispute not subject to arbitration (if separately agreed) is in the state or federal courts located in New Jersey, and you consent to personal jurisdiction there.

20) Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Effective Date" above and, if changes are material, provide additional notice. Your continued use of the Services after changes constitutes acceptance.