Terms & Conditions

Enchant LLC, doing business as FollowUpBoss.com (“FollowUpBoss”, “we” or “us”)
provides a platform and tools to enable clients (“Clients”) to handle lead management and
response for the real estate industry (“Service” or “Services”).

We offer various Services to you, the “User”, through our web site and our
Applications which are available through your mobile device and/or online (collectively, the
“Service” or “Services”), all of which are conditioned on your agreement to adhere to the
following Terms of Service without modification of any kind. Your use of the Service or your
registration with us constitutes your agreement to these Terms of Service. These Terms of
Service are subject to change at any time, without prior notice. You are responsible for
reviewing these Terms of Service on a regular basis.  These Terms of Service apply to all
visitors and all who access our Services.

We respect the privacy and security of our Users.  You understand that by using our
Services, you give consent to the collection, use and disclosure of our personally identifiable
information as well as any non-personally identifiable information, as described in more detail
in our Privacy Policy.

1. Registration

In connection with your use of any aspect of the Service, you agree and represent as follows:

  1. You are a licensed real estate agent or broker in good standing.
  2. You are of legal age (at least 18 years of age) and are otherwise capable of forming a
    legally binding contract;
  3. You have acquired and will maintain appropriate insurance coverage and have complied with
    all real estate licensing and regulatory requirements applicable to real estate agents in
    the areas for which you have requested Service;
  4. You expressly agree to be contacted via Email, SMS, text messaging and Push Notifications
    by us, and third parties, if relevant, regarding our Services;
  5. You agree that you will not use the Service in a manner that is inconsistent with the rights
    and restrictions as set forth in this Terms of Service.
  6. You are responsible for maintaining the security of your Account and any passwords entered
    into the Service or provided to us. We cannot and will not be liable for any loss or damage
    from your failure to comply with this security obligation. In addition, we are not
    responsible if you change a password with a third party service and forget to update the
    password in our Service.

 

2. Payment and Refund Terms

  1. Payment for the Service will be in accordance with the terms that you have agreed to upon
    registration.
  2. The Service is billed on a monthly basis (or annually if elected), in advance, and is
    non-refundable. There will be no refunds or credits for setup fees, partial months of
    service, upgrade/downgrade refunds, or refunds for months unused with an open Account.
  3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and
    you shall be responsible for payment of all such taxes, levies, or duties, excluding only
    United States (federal or state) taxes.
  4. Prices for the Service, including but not limited to subscription plan fees to the Service,
    are subject to change upon 30 days’ notice. Such notice may be provided at any time by
    posting the changes to our web site or through the Service itself.

 

3. Responsibility For User Content

We respect the rights of third party creators and content owners and expect that you
will do the same. Given the nature of the Service and the volume of information submitted, we
cannot and do not monitor the Materials posted or transmitted by you and any other third-party
information providers via the Service. You expressly agree that we: (a) will not be liable for
Materials and (b) reserve the right to review, reject, delete, remove, modify, or edit any
Materials at any time for any reason, without liability and without notice to you. We reserve
the right, but are not obligated, to remove User Content from the Service for any reason,
including User Content that we believe violates these Terms or our Acceptable Use Policy
below.

It is the our policy to respond to all claims of intellectual property infringement.
We will promptly investigate notices of alleged infringement and will take appropriate actions
required under the Digital Millennium Copyright Act, Title 17, United States Code, Section
512(c)(2) (“DMCA”) and other applicable intellectual property laws.

Pursuant to the DMCA, notifications of claimed copyright infringement should be sent
to a Service Provider’s Designated Agent. Notification must be submitted to the following
Designated Agent for this web site:

Enchant, LLC
Attention: Dan Corkill
1603 Capitol Ave, Suite 310 A176
Cheyenne, WY 82001
USA
Email: legal@followupboss.com
Fax: 307-274-4116

To be effective, the notification must be a written communication that includes the
following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of
    an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple
    copyrighted works at a single online site are covered by a single notification, a
    representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of
    infringing activity and that is to be removed or access to which is to be disabled, and
    information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining
    party, such as an address, telephone number and, if available, an electronic mail address at
    which the complaining party may be contacted;
  5. A statement that the complaining party has a good-faith belief that use of the material in
    the manner complained of is not authorized by the copyright owner, its agent or the law;
  6. A statement that the information in the notification is accurate and, under penalty of
    perjury, that the complaining party is authorized to act on behalf of the owner of an
    exclusive right that is allegedly infringed.

 

4. Acceptable Use Policy

The following is a partial list of the kinds of activities that are prohibited on or
through the Service: (a) submitting Materials that are patently offensive, such as content that
promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging
in activity or submitting Materials that harasses or advocates harassment of another person; (d)
engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing
or “spam” or harvesting or otherwise collecting personally identifiable information about
Service users, including names, phone numbers, addresses, email addresses, (collectively, “User
Data”) without their consent; (e) engaging in activity, or submitting Materials, or promoting
information that is false, misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted
or password only access pages, or hidden pages or images; (g) submitting Materials that displays
pornographic or sexually explicit material of any kind; (h) submitting Materials that provide
instructional information about illegal activities such as making or buying illegal weapons,
violating someone’s privacy, or providing or creating computer viruses; (i) submitting Materials
that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging
in activities or submitting Materials that solicit passwords or personally identifiable
information for unlawful purposes from other users; (k) engaging in unauthorized commercial
activities and/or sales without our prior written consent such as advertising, solicitations,
contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic
device, or manual process to monitor, copy, or “scrape” web pages or the content contained in
the Service or for any other unauthorized purpose without our prior written consent; (m) using
any device, software, or routine to interfere or attempt to interfere with the proper working of
the Service; (n) decompiling, reverse engineering, or disassembling the software or attempting
to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load
on the Service or our hardware and software infrastructure or that of any of our Licensors or
Suppliers. In addition, you covenant and represent that you will not use the Service for any
purpose in violation of the law or these Terms of Service.

 

 

5. Sharing Information and Ownership of the Service

FollowUpBoss allows Users to share various content on the Service as s/he determines.
When you register with us, you fill out your profile and can share emails and information with
others on the account. When you use the Service, information you post or share with others, such
as your emails,  personal information, notes, comments, messages, photos, or other information,
may become available to other users.  All sharing of information is done at your own risk.

Unless otherwise agreed in writing signed by FollowUpBoss, by submitting content,
including your profile information, adding photos, video, data or other materials directly
through the Service or suggesting any ideas or feedback (collectively, “Materials”), you hereby
grant to us a royalty-free, perpetual, irrevocable, fully transferable, sublicenseable,
nonexclusive right and license to use, access, store, copy, modify, re-post, rearrange, display,
distribute, reproduce, perform, create derivative works from, and otherwise use and exploit all
such Materials in any form, media, software or technology of any kind now existing or developed
in the future and the right to sublicense the foregoing rights through multiple tiers without
compensation to you. You further grant to us a royalty-free right and license to use your name,
image and/or likeness in advertising and in connection with the licensed rights for the
Materials. You also agree to indemnify, defend and hold harmless us from and against any claims
or costs, including attorneys’ fees, arising from the use or distribution of those Materials.
You further grant us the right to use your name in connection with the reproduction or
distribution of any such Material. While FollowUpBoss is not under any obligation to monitor
content provided by Users, we may, in its sole determination, remove any content that it deems
objectionable, offensive, unlawful or in violation of these Terms of Service.

Subject to the license above, you retain all of your rights in all of the Materials
you post to our Service, including all copyright rights; moral rights; rights of publicity;
trademark, trade dress and service mark rights (and associated goodwill); trade secret rights;
patent rights and all other intellectual property and proprietary rights as they may now exist
or hereafter come into existence, and all applications for any of these rights and
registrations, renewals and extensions of any of these rights, in each case under the laws of
any state, country, territory or other jurisdiction.  The Service, all content and other subject
matter included on or within the Service (“FollowUpBoss Content”) is the exclusive property of
FollowUpBoss or its licensors.  We reserve all of its rights with respect the FollowUpBoss
Content, and you may not download or distribute or otherwise make any commercial use of the
FollowUpBoss Content.

The Service may offer forums, blogs, comments areas, bulletin boards and chat rooms
(collectively, “Groups”) that are intended to provide users an interesting and stimulating forum
in which they can express their opinions and share their ideas. We do not endorse the accuracy
or reliability of any advice, opinion, statement or information posted on these Groups. Please
use your best judgment, and be respectful of other individuals using these Groups. Do not use
vulgar, abusive or hateful language. Uploading copyrighted or other proprietary material of any
kind on the Service without the express permission of the owner of that material is prohibited
and may result in civil and/or criminal liability. Any information you disclose when posting a
message in these Groups may become public. You should not include any information in your
posting that you do not want other parties to see or use and you hereby agree that you will not
hold us responsible for any third party’s use of information contained in such posting. To
maintain a positive, creative environment in which Users may share and display Materials, we ask
that you only use the Service in a manner that is consistent with our Acceptable Use Policy. You
agree not to use user names or Group titles that are offensive, obscene, or harassing to others.
We reserve the right to require you to change your user name or the title of your Group at any
time and for any reason in our sole discretion.

6. Use of Third Party Services

As a part of our Service, we may offer links to web sites operated by various third
parties and are not responsible or liable for any acts or omissions created or performed by
these third parties. We provide such links for your convenience and reference only. We do not
operate or control in any way any information, software, products or services available on such
web sites. Our inclusion of a link to a web site does not imply any endorsement of the services
or the site, its contents, or its sponsoring organization.

7. Mobile Apps

A. FollowUpBoss’s Mobile Application

We make available the FollowUpBoss App to access the Service via a mobile device. To
use the FollowUpBoss App you must have a mobile device that is compatible with the Mobile
Service. FollowUpBoss does not warrant that the Mobile App will be compatible with your mobile
device. FollowUpBoss grants to you a non-exclusive, non-transferable, revocable license to use a
compiled code copy of the FollowUpBoss App for one FollowUpBoss account on one mobile device
owned or leased solely by you, for your personal, non-commercial use. You may not: (i) modify,
disassemble, decompile or reverse engineer the FollowUpBoss App, except to the extent that such
restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense,
distribute or otherwise transfer the FollowUpBoss App to any third party or use the FollowUpBoss
App to provide time sharing or similar services for any third party; (iii) make any copies of
the FollowUpBoss App; (iv) remove, circumvent, disable, damage or otherwise interfere with
security-related features of the FollowUpBoss App, features that prevent or restrict use or
copying of any content accessible through the FollowUpBoss App, or features that enforce
limitations on use of the FollowUpBoss App; or (v) delete the copyright and other proprietary
rights notices on the FollowUpBoss App. You acknowledge that FollowUpBoss may from time to time
issue upgraded versions of the FollowUpBoss App, and may automatically electronically upgrade
the version of the FollowUpBoss App that you are using on your mobile device. You consent to
such automatic FollowUpBoss upgrading on your mobile device, and agree that the terms and
conditions of these Terms will apply to all such upgrades. Any third-party code that may be
incorporated in the FollowUpBoss App is covered by the applicable open source or third-party end
user license agreement, if any, authorizing use of such code. The foregoing license grant is not
a sale of the FollowUpBoss App or any copy thereof, and FollowUpBoss or its third party
licensors or suppliers retain all right, title, and interest in and to the FollowUpBoss App (and
any copy of the FollowUpBoss App). You agree to comply with all United States and foreign laws
related to use of the FollowUpBoss App and the Service. Standard carrier data charges may apply
to your use of the FollowUpBoss App. If the FollowUpBoss Software is being acquired on behalf of
the United States Government, then the following provision applies: Use, duplication, or
disclosure of the FollowUpBoss Software by the U.S. Government is subject to restrictions set
forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS
252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT
III), as applicable. The FollowUpBoss Software originates in the United States, and is subject
to United States export laws and regulations. The FollowUpBoss Software may not be exported or
re-exported to certain countries or those persons or entities prohibited from receiving exports
from the United States. In addition, the FollowUpBoss Software may be subject to the import and
export laws of other countries. You agree to comply with all United States and foreign laws
related to use of the FollowUpBoss Software and the Service.

B. FollowUpBoss App from iTunes

The following also applies to any FollowUpBoss App you acquire from the iTunes Store
(“iTunes-Sourced Software”): You acknowledge and agree that these Terms are solely between you
and FollowUpBoss, not Apple, and that Apple has no responsibility for the iTunes-Sourced
Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App
Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any
maintenance and support services with respect to the iTunes-Sourced Software. In the event of
any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify
Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the
maximum extent permitted by applicable law, Apple will have no other warranty obligation
whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses,
liabilities, damages, costs or expenses attributable to any failure to conform to any warranty
will be solely governed by these Terms of Service and any law applicable to FollowUpBoss as
provider of the software. You acknowledge that Apple is not responsible for addressing any
claims of you or any third party relating to the iTunes-Sourced Software or your possession
and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability
claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal
or regulatory requirement; and (iii) claims arising under consumer protection or similar
legislation; and all such claims are governed solely by these Terms of Service and any law
applicable to FollowUpBoss as provider of the software. You acknowledge that, in the event of
any third party claim that the iTunes-Sourced Software or your possession and use of that
iTunes-Sourced Software infringes that third party’s intellectual property rights, FollowUpBoss,
not Apple, will be solely responsible for the investigation, defense, settlement and discharge
of any such intellectual property infringement claim to the extent required by these Terms of
Service. You and FollowUpBoss acknowledge and agree that Apple, and Apple’s subsidiaries, are
third party beneficiaries of these Terms of Service as they relate to your license of the
iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of these
Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to
enforce these Terms of Service as relates to your license of the iTunes-Sourced Software against
you as a third party beneficiary thereof.

8. Representations and Warranties and Indemnification

You hereby represent and warrant that: (a) you have all necessary authority, rights
and permissions to submit the Materials and grant the licenses described in these Terms of
Service, (b) the Materials are accurate, current and complete, (c) the Materials and your use of
the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent,
or other intellectual property right of any third party or violate any other rights of third
party, including, without limitation, any rights of privacy or publicity or any contractual
rights, (d) the Materials and your use of the Service shall not violate any applicable law or
regulation or cause injury to any person; and (e) your use of the Service shall not violate any
agreements between you and a third party.

You agree to indemnify, defend and hold harmless us, and its officers, directors,
employees, agents, and contractors and suppliers from and against any and all claims, costs,
demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’
fees, arising from or related to: (a) the Materials you provide, (b) your use of the Service,
(c) your breach of these Terms of Service, or (d) any actual, prospective, completed or
terminated purchase, sale or other transaction between you and a third party.

9. Disclaimers and Limitations

We intend that the information contained in our Service be accurate and reliable;
however, errors and data loss may sometimes occur.  From time to time, we may issue an update to
the Service which may add, modify, and/or remove features from the Service. These updates may be
launched automatically with little or no notice, although we may make reasonable efforts to
notify you in advance of an upcoming update. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS
AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” WE AND/OR OUR SUPPLIERS, LICENSORS,
PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY
MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES
PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF OUR SERVICE IS AT YOUR OWN RISK. WE
AND/OR OUR SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR
SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, LOSS OF DATA, BREACH OF THE SERVICE
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH US, OR OTHERWISE
ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF
CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR
SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE OR OUR SUPPLIERS OR LICENSORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, LICENSORS AND
AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF
$100.00. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT
BETWEEN US AND YOU. Some states do not allow the limitation of liability, so the foregoing
limitation may not always apply.

ERRORS AND DELAYS

We are not responsible for any errors or delays or other technical problems. We recommend that
you always keep a copy of any data or information that you have loaded to our Service in case of
any service interruption or failure.

10. Termination and Cancellation

You are solely responsible for canceling your Account. If you decide at any time that
you no longer wish to receive maintain your Account with us, you can access your account and
remove any personal information, but this may result in the closure of your
account.Cancellations by phone or sent to any other email address will not be considered valid.
You will have thirty (30) days after cancellation to export any data from your account. This
information cannot be recovered once your Account is cancelled. If you cancel the Service before
the end of your current paid up month/year, your cancellation will take effect immediately and
you will not be charged again.

We reserve the right in our sole discretion, and without any prior notice, to
terminate your access to the Service for any reason, including but not limited to your breach of
these Terms of Service, the terms and conditions of any service for which you may have
registered, failure to pay for Service or a violation of the rights of another User or the law.

We reserve the right with or without notice to you at any time to change, modify or
discontinue any service or a portion or attribute thereof, or the offering of any information,
good, content, product or service. We shall have no liability to any User or any third party
should we modify or discontinue any service or an aspect thereof.

11. General

You agree that: (i) the Service shall be deemed solely based in Wyoming; and (ii) this
Service shall be deemed a passive web site and service that does not give rise to personal
jurisdiction over us, either specific or general, in jurisdictions other than Wyoming. These
Terms of Service shall be governed by the internal substantive laws of the State of Wyoming,
without respect to its conflict of laws principles. The application of the United Nations
Convention on Contracts for the International Sale of Goods is expressly excluded. These Terms
of Service, together with the Privacy Policy and any other legal notices published by us
on the Service, shall constitute the entire agreement between you and us concerning this Service
and supersedes any prior written or oral representations. YOU AND WE AGREE THAT ANY CAUSE OF
ACTION ARISING OUT OF OR RELATED TO THIS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms of
Service may not be transferred or assigned by you, but may be assigned by us without
restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
All rights not expressly granted herein are reserved to us.

IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS,
PLEASE EXIT THIS SERVICE IMMEDIATELY.

Updated on July 9, 2014