Terms of Service

You must be at least 18 years old and able to form a binding contract. The Service is intended for business use by real estate agents and other sales professionals. If you use the Service on behalf of a company, you confirm you have authority to bind that company to these Terms, and "you" includes that company.

FollowUpz helps you organize sales leads, schedule follow-ups and send messages using pre-written templates. The Service is a tool. You decide what to send, to whom and when, and you send messages from your own email or phone. We do not send messages to your leads on your behalf.

We may add, change or remove features at any time. We do not guarantee that any particular feature will remain available.

You must give accurate information when you sign up and keep it up to date. You are responsible for keeping your login secure and for everything that happens under your account. Tell us right away at followupzhq@gmail.com if you think your account has been accessed without permission. One account is for one person; you may not share your login.

New users may receive a 14-day free trial. Unless you cancel before the trial ends, your subscription starts automatically at the end of the trial and you authorize us to charge the payment method you provided. We may change or end the free trial offer at any time, and we may limit trials to one per person or business.

The Service is offered as a monthly subscription at the price shown when you sign up (currently $49 per month, plus any applicable taxes). Your subscription renews automatically every month, and you will be charged at the start of each billing period until you cancel. By subscribing, you authorize us and our payment processor to charge your payment method on a recurring basis.

If a payment fails, we may retry the charge, suspend your access until payment is made, or end your subscription. You are responsible for any taxes that apply to your purchase.

We may change our prices. If we do, we will tell you by email at least 30 days before the new price applies to you, and the new price starts at your next billing period after that notice. If you do not agree to the new price, you can cancel before it takes effect.

You can cancel anytime from your account page in the app, or by emailing followupzhq@gmail.com. When you cancel, your subscription stays active until the end of the billing period you have already paid for, and you will not be charged again. Refunds are covered by our Refund Policy, which is part of these Terms.

You keep ownership of the information you put into the Service, including lead names, contact details, notes and messages ("Your Content"). You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, process and display Your Content only as needed to provide, secure and improve the Service.

You are solely responsible for Your Content. You confirm that you have every right and consent needed to store your leads' and clients' information in the Service and to contact them, and that doing so does not violate any law, contract or privacy right. Do not enter sensitive information such as Social Security numbers, financial account numbers, government ID numbers or health information.

We are not responsible for backing up Your Content. After your account ends, we may delete Your Content after 30 days without further notice, so export or copy anything you want to keep before then.

The message templates are general starting points. You are solely responsible for every message you send, including its accuracy and its compliance with the law. Before sending, you agree to review each message and confirm that any statement about a property, its condition, history, price or availability is true. You are responsible for complying with all laws that apply to your communications, including the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), state telemarketing and texting laws, and privacy laws. Nothing in the Service is legal, tax, financial or brokerage advice.

You agree not to: use the Service to send spam, harass anyone, or send messages that are false, misleading or unlawful; upload malware or try to break, overload or gain unauthorized access to the Service or other users' accounts; copy, scrape, resell, sublicense or rent the Service or its templates; reverse engineer the Service, or use it to build a competing product; or use the Service in any way that violates the law or anyone's rights. We may investigate and take any action we consider appropriate, including removing content and suspending or ending accounts.

The Service, including its software, design, templates, text, logos and the FollowUpz name, belongs to us or our licensors and is protected by intellectual property laws. While your subscription is active, we give you a limited, personal, non-exclusive, non-transferable and revocable license to use the Service and its templates for your own business communications. Messages you have already sent remain yours to keep. You may not otherwise copy, publish, sell or share the templates.

If you send us ideas or suggestions, we may use them freely, without any obligation or payment to you.

The Service relies on third parties, including our hosting provider, payment processor and email provider, and it can open messages in your own email or messaging apps. We are not responsible for third-party services, their availability or their handling of your information, which is governed by their own terms.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We do not promise that the Service will be uninterrupted, secure, error-free, or that data will never be lost. We do not promise any business results, including more replies, more leads, more sales or more revenue. Some jurisdictions do not allow certain disclaimers, so some of these may not apply to you.

TO THE FULLEST EXTENT ALLOWED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DEALS, LOST DATA OR LOSS OF GOODWILL, EVEN IF WE WERE TOLD THEY WERE POSSIBLE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. These limits apply to any theory of liability and are a fundamental part of the price you pay.

You agree to defend, indemnify and hold harmless FollowUpz and its owners, employees and agents from any claims, losses, damages, fines, penalties and expenses (including reasonable attorneys' fees) arising from Your Content, the messages you send, your use of the Service, your violation of these Terms, or your violation of any law or anyone's rights.

Talk to us first. Before filing any claim, you agree to email followupzhq@gmail.com with a description of the dispute and try to resolve it informally for at least 30 days.

Binding arbitration. If we can’t resolve it, any dispute arising from these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its applicable rules, held in the county where you live or by video. Either party may instead bring an individual claim in small claims court if it qualifies. Either party may also ask a court for an injunction to stop infringement or misuse of intellectual property.

No class actions. You and we each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective or representative proceeding. You and we both waive the right to a jury trial.

Time limit. Any claim must be brought within one (1) year after it arises, or it is permanently barred.

Opting out. You may opt out of this arbitration agreement by emailing followupzhq@gmail.com within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration.

We may suspend or end your access to the Service at any time, with or without notice, if you violate these Terms, fail to pay, create risk or legal exposure for us, or if we stop offering the Service. If we end the Service entirely for reasons other than your breach, we will refund any prepaid fees for the unused part of your current billing period. Sections 7, 8 and 10 through 19 survive the end of these Terms.

We may update these Terms from time to time. If we make a material change, we will notify you by email or in the app before it takes effect. Continuing to use the Service after the change takes effect means you accept the updated Terms.

These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-law rules, and, except for arbitration, any legal action will be brought only in the state or federal courts located in North Carolina. These Terms, together with our Privacy Policy and Refund Policy, are the entire agreement between you and us about the Service. If any part of these Terms is found unenforceable, the rest stays in effect. Our failure to enforce a right is not a waiver of it. You may not transfer these Terms without our written consent; we may transfer them as part of a merger, sale or reorganization. We are not liable for delays or failures caused by events outside our reasonable control.