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) 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.

7) Refund Policy

Given the nature of software subscriptions and setup work, all fees (including setup and build) are non refundable except where otherwise required by law or expressly stated in a written agreement.

8) 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.

9) 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.

10) 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.

11) 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.

12) 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.

13) 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.

14) 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.

15) 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.

16) 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.

17) 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.

18) 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.