These Follow Up Boss Terms of Service, together with our Acceptable Use Policy linked here: www.followupboss.com/legal-pages/acceptable-use-policy, and any Order, collectively constitute a binding agreement (collectively, these “Terms”) between Enchant LLC, d/b/a FollowUpBoss.com (“Follow Up Boss,” “we,” “us” or “our”) and you or the legal entity you represent (“Customer,” “you” or “your”), concerning the Services.
By using the Services, or by signing an Order for Services, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.
Follow Up Boss may update these Terms at any time, in its sole discretion. Follow Up Boss will notify you of changes to these Terms by posting the changes to the Follow Up Boss website, by email, or through other communications. If you do not agree to such change(s), you shall stop using the Services. If you continue to use the Services after Follow Up Boss posts updated Terms, you hereby agree to be bound by those updated Terms. You are expected to check this webpage www.followupboss.com/legal-pages/terms-of-service from time to time, so you are aware of any changes, as they are binding on you.
SECTION 16 “DISPUTE RESOLUTION” CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.
“Applicable Laws” means (i) all applicable federal and state laws, provincial and territorial laws, regulations, and governmental orders including, without limitation, the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission’s Telemarketing Regulations implementing the TCPA, the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Federal Trade Commission’s Telemarketing Sales Rule, the Controlling the Assault of Non-Solicited Pornography and Marketing Acts (CAN-SPAM), the Canadian Anti-Spam Legislation (CASL), Canadian Telecommunications Rules such as the CRTC’s Unsolicited Telecommunication Rules and Decisions; (ii) industry standards or guidance, including, without limitation, CTIA Policies (as defined below); and (iii) all applicable laws, rules, and regulations relating to data privacy and consumer protection. Refer to Follow Up Boss’ Acceptable Use Policy at www.followupboss.com/legal-pages/acceptable-use-policy for a non-exhaustive list of Applicable Laws.
“Authorized User” means any individual who is an employee of Customer or an affiliate, partner, service provider or such other person or entity as may be authorized by Customer to access the Services pursuant to Customer’s rights under this Agreement.
“CTIA Policies” means the policies and rules of CTIA - The Wireless Association (CTIA), including the CTIA Messaging Principles and Best Practices Guidelines, and the CTIA Short Code Monitoring Handbook, and any similar generally accepted industry policies or rules adopted by carriers, or other practices enforced by carriers.
“Customer” or “you” refers to the individual or entity using the Services.
“Customer Communications” means communications sent, transmitted, or conducted by Customers or their Authorized Users via the Services, including emails, SMS and MMS messages, telephone calls, communications through websites, and other similar communications.
“Customer Data” means any data, information, including without limitation, which identifies or could be used to identify an individual person (“personal information”) such as information about your contacts, content, or other materials such as Customer Marketing Content provided, submitted, posted, or transmitted by Customer or its Authorized Users or otherwise provided by or on behalf of a Customer, its service providers, or its End Customers in connection with the Services. For clarity, Customer Data excludes the Services and includes End Customer Data.
“Customer Marketing Content” means trademarks, trade names, service marks, slogans, logos, other source identifiers, and marketing and promotional content, including content in Customer Communications provided or transmitted by Customer or its Authorized Users to the Services in connection with the advertising, promotion, and sale of products and services.
“End Customer” means an individual: (i) to whom Customer, its Authorized Users, affiliates, or agents send Customer Communications to in connection with the Services (i.e. recipients of Customer Communications such as end customers and prospects); (ii) whose information is collected through the Services used by Customer.
“End Customer Data” means personal information about your End Customers included in your Customer Data.
“Follow Up Boss Platform” means the platform and tools to organize, manage, and interact with your contacts.
“Order” means the applicable ordering document between you and Follow Up Boss which specifies Services and related fees.
“Services” means, collectively, the Follow Up Boss website located at www.followupboss.com, the Follow Up Boss mobile application, the Follow Up Boss Platform, the Follow Up Boss Tracking Pixel, and any software, functionality, tools, and services provided by Follow Up Boss through the foregoing, related documentation, and any other products or services provided by Follow Up Boss.
2.1 Registration. To use certain features of the Services, you must register and create an account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain the security of your account credentials, and (c) be responsible for all activities that occur in connection with your account. You will not permit anyone to use your account other than your authorized employees and personnel. You will immediately notify us if you believe your account has been accessed without authorization or otherwise compromised by emailing us at firstname.lastname@example.org. You expressly agree to be contacted via email, SMS, text messaging and push notifications by us, and third parties, if relevant, regarding the Services.
2.2 Eligibility. To use the Services, you must be 18 years of age or older, capable of forming a binding contract with Follow Up Boss, and not otherwise barred from using the Services under Applicable Laws. If you do not meet the requirements set forth in this Section, you may not use the Services. If you access or use the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms, and that by accepting these Terms, you are doing so on behalf of that entity.
3. License Rights and Restrictions; Support and Updates
3.1 License. Subject to these Terms, Follow Up Boss grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services solely for your own lawful internal business purposes, and solely in the manner permitted under these Terms. This license will immediately terminate upon termination of your account or these Terms.
3.2 Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, in whole or in part, or any content displayed on the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; or (e) use the Services in violation of the Acceptable Use Policy at www.followupboss.com/legal-pages/acceptable-use-policy. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms. All copyright and other proprietary notices on the Services (or on any content displayed on the Services) must be retained on all copies thereof. Follow Up Boss shall have the right, but not the obligation, to review and monitor all use of the Services to ensure compliance with these Terms.
3.3 Support and Equipment. You acknowledge and agree that, except as expressly set forth in these Terms, Follow Up Boss will have no obligation to provide you with any support or maintenance in connection with the Services. You are responsible for making all arrangements and obtaining all equipment necessary to access the Services.
3.4 Updates. Follow Up Boss may, in its sole discretion, at any time, with or without notice, and without liability to you, make updates to the Services, and change or discontinue the availability of some or all functionality of the Services. Follow Up Boss may provide notice of material changes to the Services by posting to our website or by email. It is your responsibility to check our website periodically to be informed of any changes. Your continued use of the Services following any update or change will be deemed your acceptance of such modifications.
4. Your Responsibilities; Representations and Warranties.
4.1 Compliance with Applicable Laws. You represent and warrant that you will comply with all Applicable Laws and the Acceptable Use Policy at www.followupboss.com/legal-pages/acceptable-use-policy in connection with your use of the Services. Further, you are solely responsible for all actions taken by you and your Authorized Users and for your Authorized Users’ compliance with these Terms. For avoidance of doubt, a breach of our Acceptable Use Policy by you or your Authorized Users is a material breach of these Terms.
You are solely responsible for: (a) collecting and maintaining your contacts and other Customer Data in accordance with Applicable Laws; (b) providing notice and obtaining consent from your End Customers as required under Applicable Laws for use of the Services, including any Customer Communications through the Services; and (c) ensuring that all marketing and promotional activities and the content of any communications comply with Applicable Laws, these Terms and Acceptable Use Policy at www.followupboss.com/legal-pages/acceptable-use-policy.
4.2 Customer Communications. You are solely responsible for ensuring that all Customer Communications and Customer Marketing Content comply with Applicable Law. Customer acknowledges and agrees that Follow Up Boss (i) does not control or monitor Customer Communications, or guarantee the accuracy, integrity, security or quality of such Customer Communications and (ii) is not responsible for obtaining any necessary consents or permissions from recipients of Customer Communications. Upon request, Customer shall provide reasonable proof of compliance with the provisions set forth in this Section and Follow Up Boss shall have no obligation to provide Services where Follow Up Boss reasonably believes that Customer has not so complied.
4.3 Customer Representations and Warranties. Customer represents and warrants that: (a) Customer will comply with all Applicable Laws and the Acceptable Use Policy at www.followupboss.com/legal-pages/acceptable-use-policy in connection with its use of the Services, including calling, emailing, sending text messages and conducting marketing and promotional activities; (b) Customer Data, including the content of all campaigns and all information about End Customers, will not violate any third-party intellectual property rights, publicity rights, or privacy rights; and (c) Customer has all rights, permissions, and consents required to upload, transmit, store, and otherwise process Customer Data in connection with its use of the Services, and to grant Follow Up Boss the rights expressly set forth these Terms.
4.4 Advice and Suggestions. Any advice, guidance, templates, or suggestions provided by Follow Up Boss is solely for convenience, and you remain solely responsible for your own compliance. In the event that Follow Up Boss assists or advises Customer with any Services setup, configuration or support, in no event shall such assistance or advice be construed as legal advice. You are responsible for getting your own independent legal review of marketing activities and content in connection with the Services. Without limiting any rights or remedies hereunder, if Follow Up Boss reasonably determines that a Customer may be in breach of this Section 4, Customer will promptly (no later than within forty-eight (48) hours of receipt of notice) make available Customer leadership for a meeting with Follow Up Boss to discuss the issue.
5. Ownership of the Services; Feedback
5.1 Ownership. We provide only a limited license to access and use the Services in accordance with these Terms. Accordingly, you hereby agree that Follow Up Boss transfers no ownership or intellectual property rights in or to the Services or any materials used in connection with the Services, including, without limitation, software (including source code), programs, products, information, documentation, images, text, graphics, user interfaces, visual interfaces, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and content (the, “Follow Up Boss Content”). All Follow Up Boss Content as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Services are exclusively owned, controlled, and/or licensed by Follow Up Boss or its members, parent(s) licensors, or affiliates. Follow Up Boss, the Follow Up Boss logo, and all other marks are proprietary trademarks of Follow Up Boss and any use of such marks, including, without limitation, as domain names, account identifiers, or in connection with any search engine optimization practice(s), without the prior written permission of Follow Up Boss is hereby strictly prohibited. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the Follow Up Boss Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited.
5.2 Feedback. If you provide any feedback regarding the Services or other Follow Up Boss products or services, you agree that Follow Up Boss will be free to use such feedback for any purpose, including to improve the Services and other Follow Up Boss products and services, and to develop new products and services.
6. Customer Data; Prohibited Data
6.1 Compliance of Customer Data with Applicable Laws. You will only upload, transmit, store, and otherwise process Customer Data in connection with the Services if: (a) such activities comply with all Applicable Laws and our Acceptable Use Policy at www.followupboss.com/legal-pages/acceptable-use-policy; (b) all consents required by Applicable Laws and our Acceptable Use Policy at www.followupboss.com/legal-pages/acceptable-use-policy have been obtained by you or on your behalf; and (c) you have all other rights, permissions, and consents required for your and Follow Up Boss’ use of Customer Data as contemplated by these Terms and any relevant Order. With respect to any Contact List or portion of a Contact List collected or obtained outside of the Services, Follow Up Boss may require that you certify and provide supporting materials that such Contact List was collected in compliance with Applicable Laws and our Acceptable Use Policy before it is uploaded or used in connection with the Services. You will implement all opt out requests of End Customers (including requests received by email, integration partners, or other channels), and you will immediately convey any such opt out requests to Follow Up Boss. In addition, you will maintain an internal “do not call” list documenting all End Customers who have opted out of your marketing. If you determine that an End Customer opt out request was not immediately provided to Follow Up Boss, you will notify Follow Up Boss and promptly provide all details and logs reasonably requested by Follow Up Boss.
6.2 End Customer Data. In addition to the above stated in Section 6.1, you will at all times make available to Authorized Users and End Customers any documentation required by Applicable Laws relating to data privacy and consumer protection. Unless otherwise provided by Applicable Laws, you are responsible for enabling, facilitating, and responding to your End Customers’ and Authorized Users’ exercise of any rights available to them under Applicable Laws with respect to personal information collected, stored, used, disclosed, or otherwise processed through the Services, including without limitation any rights to request access to, correction of, or deletion of personal information.
6.3 Retention of Customer Data. After your account is terminated or you otherwise stop using the Services, Follow Up Boss may retain Customer Data including End Customer Data as long as required to comply with Applicable Laws and our policies. Provided such termination was not due to your breach of these Terms, you may contact Follow Up Boss email@example.com within thirty (30) days following termination and Follow Up Boss will provide reasonable assistance in obtaining a copy of your Contact Lists from Follow Up Boss systems. Notwithstanding anything in these Terms, Follow Up Boss has no obligation to store or backup your Customer Data following termination of your account, and you are solely responsible for backing up your Customer Data. Follow Up Boss is not required to delete data that has been derived from Customer Data if such data is de-identified or anonymized such that it cannot reasonably identify a specific individual.
6.4 Prohibited Data. You agree that Customer Data will not contain any of the following categories of data: (a) government issued identifiers (e.g. social security or driver’s license numbers), (b) sensitive personal information as defined under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) or other Applicable Laws, such as other state privacy laws, (c) personal information of children as defined under the Children’s Online Privacy Protection Rule (COPPA) or similar Applicable Laws related to children’s privacy and data, (d) nonpublic personal information subject to the Gramm-Leach-Bliley Act (GLBA) or similar Applicable Laws related to financial privacy and data, or (e) personal health information as defined under the Health Insurance Portability and Accountability Act, and we shall have no liability under these Terms for any of the foregoing types of data.
You agree that both before and after the term of these Terms, Follow Up Boss may collect, analyze, use, and retain data derived from Customer Data you submit or make available to the Services that does not directly or indirectly identify you, your End Customers, or any natural person, for the purpose of operating, analyzing, improving or marketing the Services, developing new products or services, or other purposes. Follow Up Boss may, in its reasonable discretion, refuse to distribute Customer Data where the content of the Customer Data, or the delivery of such Customer Data to the recipient, in Follow Up Boss’ reasonable opinion, violates these Terms. Notwithstanding the foregoing, Follow Up Boss has no obligation to review Customer Data.
7. Payments; Refunds
7.1 Payments. Payment for the Services will be in accordance with the terms that you have agreed to in the Order for the applicable Services. You shall pay all fees as set forth in your account or on the Order for the applicable Services, via payment card or other digital payment method at the time of signup, in which case your payment method will be billed immediately. If the fees are recurring over designated time periods stated in the Order, then payment is due prior to the start of each subscription period, and to the extent you pay automatically by payment card or other digital payment method, the payment method on file will be charged at the start of each pay period. You shall make all payments hereunder in US dollars to the account designated by Follow Up Boss. If you fail to make any payment when due then, pursuant to Section 13, Follow Up Boss may terminate your access to the Services (including access by your users) without liability or notice to you. Please note that prices and charges are subject to change with notice.
7.2 Subscription Auto-Renewal; Refund. Where Follow Up Boss makes the Services available on a subscription basis, your payment card or other digital payment method will be billed at signup. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) YOUR SUBSCRIPTION WILL AUTO-RENEW FOR ANOTHER TERM OF THE SAME LENGTH AS THE INITIAL TERM AT THE APPLICABLE TIER LEVEL, (B) FOLLOW UP BOSS (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU FOR YOUR SELECTED SUBSCRIPTION, IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES, FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (C) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR FOLLOW UP BOSS SUSPENDS OR STOPS PROVIDING ACCESS TO THE SERVICES OR SUBSCRIPTION IN ACCORDANCE WITH THESE TERMS. YOU MAY CANCEL YOUR SUBSCRIPTION ELECTRONICALLY WITHIN YOUR ACCOUNT INTERFACE IN THE SERVICES. IF YOU CANCEL BEFORE THE EXPIRATION DATE OF YOUR CURRENT SUBSCRIPTION, YOU WILL NOT BE ENTITLED TO A REFUND OF ANY AMOUNTS THAT YOU HAVE ALREADY PAID, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
7.3 Taxes. All fees and other amounts payable by you under these Terms are exclusive of taxes and similar assessments. Without limiting the foregoing, you are responsible for all sales, use and excise taxes and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental or regulatory authority on any amounts payable by you hereunder, other than any taxes imposed on Follow Up Boss’ income.
7.4 Free Trial. Follow Up Boss may make certain Services available to you for evaluation purposes free of charge. Such free trial is subject to any terms and conditions communicated to you at the time you initiate the free trial, including any limitations on total messaging or other features. Unless otherwise set forth in an Order, Follow Up Boss may terminate a free trial at any time in its sole discretion.
7.5 Billing Disputes. If you would like to dispute any invoice or charge received from Follow Up Boss, you must provide Follow Up Boss with written notice within fourteen (14) days of delivery of the relevant invoice or billing statement. If you fail to notify Follow Up Boss of a billing issue or dispute as required under this Section, you waive your right to such dispute. Any billing dispute is further governed by Section 16 (Dispute Resolution).
8. Third Party Services; Beta Features
8.1 Linked Websites. We have not reviewed all of the websites linked to the Services, or third-party applications or ads accessible through the Services, and are not responsible for the content of any third-party websites or applications available through the Services. Nothing in the Services, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services or information of any other persons or companies by Follow Up Boss. Your choice to link to any other websites is at your own risk, and you should review and comply with all terms relating to such websites. Follow Up Boss reserves the right not to link, or to remove the link, to any website or third-party application at any time. Any links to third party websites are provided as a convenience to you and are neither owned nor operated by Follow Up Boss. We have no control over these linked websites and make no representations or warranties with respect to these linked websites. Your viewing and use of any third-party websites is at your sole discretion and risk.
8.2 Third-Party Services. If you use the Services in connection with a third-party service, whether through an integration offered by Follow Up Boss or otherwise, you are solely responsible for your use of such third-party service, including any disclosure or other processing of your Customer Data in connection with such third-party service. Any use of a third-party service is at your own risk. Follow Up Boss will have no liability for your use of any third-party service in connection with the Services, and disclaims all responsibility for the functionality, security, availability, and operation of any third-party service. You will provide advance written notice to Follow Up Boss if you require assistance with suspending or terminating an integration between a third-party service and the Services.
8.3 Beta Features. Follow Up Boss may, in its sole discretion, invite you to use pre-release or beta features that are not yet generally available. Access to such features may be conditioned upon additional terms and conditions. Any beta features will be considered Follow Up Boss’s proprietary information. FOLLOW UP BOSS MAKES NO REPRESENTATIONS OR WARRANTIES THAT BETA FEATURES WILL FUNCTION, AND ANY USE OF BETA FEATURES WILL BE AT YOUR OWN RISK.
9. Indemnification; Carrier Fines
9.1 Indemnification. To the fullest extent permitted by law, you agree to defend, hold harmless and indemnify Follow Up Boss, its subsidiaries, affiliates, business partners, licensors, service providers, and clients, and its and their respective officers, employees, agents and representatives from and against any claims, liabilities, costs or damages, including reasonable attorneys’ fees and paralegal fees through final appeals, made by any third party, relating to or arising from (i) your use, or your Authorized User’s use, of the Services, (ii) any content, information, or materials that you or your Authorized Users transmit to or through the Services, (iii) any violation of these Terms (which includes the Acceptable Use Policy at www.followupboss.com/legal-pages/acceptable-use-policy) by you or your Authorized Users, or any other act or omission by you or your Authorized Users, including your violation of any rights of another, arising from use of the Services, (iv) your violation of any Applicable Law or any third-party intellectual property rights, publicity rights, or privacy rights in connection with the Services, (v) Customer Data that is uploaded, transmitted, stored, or otherwise processed by you or on your behalf in connection with the Services, (vi) your willful misconduct, (vii) any allegation that you used the Service, or otherwise caused us, to send a Customer Communication in violation of any applicable law, rule, regulation or industry best practice, and (vii) any actual, prospective, completed or terminated purchase, sale or other transaction between you and a third party. You will not compromise or settle any indemnified claim in any manner, nor make any admission of liability, without Follow Up Boss’ prior written consent, which Follow Up Boss may provide in its sole discretion. Follow Up Boss reserves the right, at its own expense, to participate in the defense and control of any matter subject to indemnification by you; provided, however, that if Follow Up Boss reasonably determines that Customer is unwilling or unable to defend Follow Up Boss or another indemnified party’s interests, then Follow Up Boss may assume the defense against any claims at Customer’s sole expense.
9.2 Carrier Fines. Notwithstanding anything to the contrary in these Terms, you agree that if Follow Up Boss is fined by a carrier or regulatory body as a result of your failure to comply with these Terms, Follow Up Boss may charge you for, and you will pay, the amount of such fine.
THE SERVICES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH THEM ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND FOLLOW UP BOSS (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. NEITHER WE NOR OUR SUPPLIERS MAKE ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
FOLLOW UP BOSS TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR CUSTOMER DATA, OR LOSS OF DATA OR DAMAGE TO YOUR COMPUTER OR OTHER SYSTEMS THAT RESULTS FROM YOUR USE OF THE SERVICES. CUSTOMERS ARE SOLELY RESPONSIBLE FOR BACKING UP CUSTOMER DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FOLLOW UP BOSS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE AGREEMENT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Limitation of Liability; Third Party Disputes
11.1 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FOLLOW UP BOSS, ITS SUBSIDIARIES, AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICES PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR OR YOUR AUTHORIZED USERS’ USE, OR INABILITY TO USE, THE SERVICES, ANY SERVICES LINKED TO THE SERVICES, ANY CONTENT ON THE SERVICES OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF A LIMITED REMEDY SET FORTH THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL FOLLOW UP BOSS, ITS SUBSIDIARIES, AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICES PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES (WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11.2 Third-Party Disputes. Follow Up Boss has no responsibility for any dispute between a Customer and its End Customers. Follow Up Boss will have no liability for any damages of any kind, under any theory of law, that relate to a Customer’s relationship with its End Customers, even if Follow Up Boss has been advised of the possibility of such damages.
The Services are hosted in the United States. All matters relating to the Services are governed exclusively by the laws of the State of Wyoming in the United States of America and not the jurisdiction in which you are located. If you are located outside of the United States and you contact us, please be advised that any information you provide to us will be transferred to the United States and that by submitting information, you explicitly authorize such transfer. We make no claim that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable local laws.
13. Term and Termination
Subject to this Section 13, these Terms will remain in full force and effect while you use the Services. Follow Up Boss reserves the right at any time to modify or discontinue the Services or any part thereof with or without notice, including for any use of the Services in violation of these Terms, if our suppliers prohibit or restrict Follow Up Boss from providing the Services to you, including if a carrier determines that you have violated their content policies, or if your use of the Services poses a security or legal risk. You agree that Follow Up Boss shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. In the event of permanent discontinuance of the Services, Follow Up Boss’ liability is limited to the paid subscription price, pro-rated to the amount of time remaining on the subscription. If your account is terminated by Follow Up Boss under this Section, all relevant Orders then in effect will also be terminated.
14. Governing Law and Venue
Follow Up Boss operates the Services from Wyoming, U.S.A. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed, except where preempted by the Federal Arbitration Act, by the laws of the State of Wyoming, U.S.A., including its statutes of limitation but without reference to conflict or choice of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except as otherwise set forth in Section 16 (Dispute Resolution), the exclusive venue for all disputes that you and Follow Up Boss are not required to arbitrate will be the state and federal courts located in Wyoming, and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to these Terms and agree to service of process on you by e-mail to the address you have submitted on the Services, if any, and by any other means permitted by law.
15. Limitation on Time to File Claims
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. Dispute Resolution and Arbitration Agreement
16.1 General. In the interest of resolving disputes between you and Follow Up Boss in the most expedient and cost effective manner, you and Follow Up Boss agree that any claim or controversy arising out of or in any way related to these Terms or a relevant Order, or the breach thereof, or arising out of or in any way related to the use of the Services will be resolved by binding arbitration and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FOLLOW UP BOSS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.
16.2 Exceptions. Notwithstanding Section 16.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; (d) seek enforcement or confirmation of the arbitration award in a court of competent jurisdiction; or (e) to file suit in a court of law to address an intellectual property infringement claim.
16.3 Arbitration Rules and Procedures. Any arbitration between you and Follow Up Boss will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules ( “AAA Rules”). The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Follow Up Boss. The arbitrator has exclusive authority to determine his or her own jurisdiction, including to rule on the arbitrability of any claim or counterclaim, and to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement.
16.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the claim or claims to the other party by registered or certified U.S. Mail (“Notice”). Follow Up Boss’ address for Notice is set forth in Section 18 and Customers’ address for Notice is their billing address. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. The parties must make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within thirty (30) days after the Notice is received, you or Follow Up Boss may commence an arbitration proceeding by filing a Demand for Arbitration in accordance with the AAA Rules. During the arbitration, the amount of any settlement offer made by you or Follow Up Boss must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
16.5 Fees. If you commence arbitration in accordance with these Terms, Follow Up Boss will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in the state of Wyoming, but if the total amount in controversy is $15,000 or less, you may choose whether the arbitration hearing will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) by telephone; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Follow Up Boss for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding.
16.6 No Class Actions. YOU AND FOLLOW UP BOSS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Follow Up Boss agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
16.7 Modifications. Except as otherwise provided in these Terms, if Follow Up Boss makes any future change to this arbitration agreement, other than a change to Follow Up Boss’ address for Notice, you may reject the change by sending us written notice via registered or certified U.S. Mail within thirty (30) days of the change to Follow Up Boss’ address for Notice, in which case this arbitration agreement, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Follow Up Boss.
16.8 Enforceability. If Section 16.6 (No Class Actions) is found to be unenforceable, then the entirety of this Section 16 will be null and void.
17. Force Majeure
Without limiting any other provision in these Terms, Follow Up Boss is not responsible or liable to Customer for delay or failure to perform its obligations in the event that any of Follow Up Boss’ operations or activities are affected by any cause or event beyond the sole and reasonable control of Follow Up Boss (as determined by Follow Up Boss in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, pandemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, internet service failure, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.
All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to Follow Up Boss at the following contact:
1603 Capitol Ave, Suite 310 A176
Cheyenne, WY 82001
Any notices to you may be made via either e-mail or postal mail to the address in Follow Up Boss’s records or via posting on the Services. Please report any violations of these Terms to Follow Up Boss at the contact listed above.
The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Follow Up Boss, or any products utilizing such data, in violation of the United States export laws or regulations.
20. Entire Terms
These Terms constitute the entire agreement between you and us regarding the use of the Services and supersedes any and all prior understandings and agreements between us respecting such subject matter, except that if you or your company have executed a separate written agreement with us governing your use of the Services, then such agreement shall control to the extent that any provision of these Terms conflicts with the terms of such agreement. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party to these Terms is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Follow Up Boss’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Follow Up Boss may freely assign these Terms, and in such case, these Terms shall be binding upon assignees.
21. Copyright/Trademark Information
Copyright © 2023. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
22. Claims of Copyright Infringement
If you believe that any content or materials on the Services unlawfully infringes the copyrights in a work that you own or control and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our Designated Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our Services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
If you believe that your content should not have been removed for alleged copyright infringement, the following information in the form of a written notification must be provided to our Designated Agent.
- your physical or electronic signature;
- identification of the copyrighted material that was removed or disabled;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address; and
- a statement from you under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Notification of copyright infringement should be sent by mail, fax or email to:
1603 Capitol Ave, Suite 310 A176
Cheyenne, WY 82001