Terms of service

These terms are the agreement between FollowSystems LLC, a Wyoming limited liability company, 30 N Gould St, Sheridan WY 82801 (“FollowSystems”, “we”, “us”) and you, the person or business using followsystems.com or our service. By using the site, booking a call, ticking a box to agree, paying us or using the service, you agree to them. If you sign a separate order form with us, it wins over these terms where the two differ.

Section 19 contains an agreement to arbitrate disputes, a class action waiver and a jury trial waiver. Please read it. You can opt out within 30 days.

1. Words we use

The site is followsystems.com and any subdomain.
The service is the website, online booking, missed-call text back, instant replies, review requests, monthly report and related setup and support that we provide to you, as described on our pricing page or in your order form.
Your content is anything you give us or ask us to use: business details, text, photos, logos, customer lists and similar material.
Customer data is personal information about your customers and leads that passes through the service. Our Data processing agreement covers it.
Third-party services are the products and networks we rely on, such as phone carriers, messaging and email providers, payment processors, hosting providers and Google, Meta and Cal.com.

2. Using the site

You can browse the site, download the free checklist and book a call with us. Please don’t copy the site’s content or design for your own business, try to break or overload the site, scrape it, or use it for anything unlawful.

The free checklist is general guidance for service businesses. It isn’t legal, tax or professional advice, and following it doesn’t guarantee any result. When you ask for it, you join our email list, and you can unsubscribe at any time. Please don’t share the PDF in a way that removes our name or contact details.

Booking a call doesn’t commit you to anything. If you can’t make it, reschedule or cancel with the link in your confirmation email.

The service is for businesses. To sign up you must be at least 18, able to enter a contract, and acting for a lawful business. By signing up you confirm that you have authority to bind the business. Give us accurate details and keep them up to date. You’re responsible for everything that happens in your account and under your direction, including by your staff and anyone you let use it.

4. The service

We set up and run the service for you, as listed on our pricing page. You give us a 20-minute call, a quick check before launch, and the access, information and content we ask for. We can’t finish setup without them.

The service sets up and runs the fundamentals. It isn’t an advertising, SEO or marketing retainer, and we don’t promise any number of calls, leads, bookings, reviews, sales or search rankings. We’re not your lawyer, accountant or compliance adviser.

We may improve, change or retire features over time. We won’t materially reduce the core of the service without giving you notice first. The service is provided from the United States.

5. Price and payment

Price. $297 a month for everything on our pricing page, plus a $497 one-time setup fee. All prices are in US dollars and don’t include sales, use, VAT, GST or similar tax. You pay any tax that applies, except tax on our income.
Billing. We charge the setup fee when you sign up and the monthly fee in advance each month. Payments are processed by Stripe. You authorise us to charge your card or other payment method for all amounts you owe, until you cancel. The service renews every month until you cancel under section 7.
What’s included. The business phone number and the texts and calls the service sends and receives are included in the monthly price, within reasonable use. If your use is unusually high, we may ask you to move to a plan that suits it, and may charge for the excess after giving you 30 days’ notice. You pay any carrier fees, surcharges and fines caused by your messages or your use of the service.
Price changes. We’ll give you at least 30 days’ notice before changing a price. The change applies from your next billing date. If you don’t want the new price, cancel before then.
Failed payments. If a payment fails, we’ll try again and email you. If it’s still unpaid after 7 days, we may pause the service. If it’s still unpaid after 30 days, we may end the service and delete your content under section 12. Pausing or ending the service doesn’t cancel what you owe us. You pay our reasonable costs of collecting overdue amounts.
Chargebacks. If you have a problem with a charge, email support@followsystems.com first. We’ll fix genuine mistakes quickly. Starting a chargeback or payment dispute for a service we’ve delivered is a material breach of these terms. If you do, we may send evidence to your card issuer, pause or end the service, and recover the disputed amount plus our reasonable costs.
Other plans. If we offer a prepaid or annual option, its terms are set out when you buy it.

6. 14-day guarantee

If your missed-call text back, booking and review requests aren’t live within 14 days of our first call, we’ll give you your first month’s monthly fee free. The 14 days run from the date of our first call. “Live” means set up and available for use. This is your only remedy if we miss the 14 days. It doesn’t cover the setup fee or any other loss.

7. Cancelling and refunds

You can cancel any time, with no contract, by emailing support@followsystems.com. The service runs to the end of the month you’ve paid for, and then stops. All payments are final and non-refundable. We don’t refund part months or the setup fee, except under the guarantee in section 6. The service is set up for you from the start, so we can’t undo it once it begins.

8. Your website and your content

You own your content and the text, photos and logo on your website. You give us a worldwide, royalty-free licence to host, copy, display, adapt and process it for as long as needed to provide the service and to meet our legal duties. You promise you have the right to give us this content and that using it won’t infringe anyone’s rights.
Your domain is yours. You own the domain name, and you can point it at another host at any time.
The website is part of the service. We build, host and maintain your website for you, and your monthly fee covers that, much like renting a hosted site. You may use the website while you’re subscribed. When the service ends, your right to use it ends. Nothing in these terms obliges us to give you the website’s code, files, templates or design. If we agree to, we may charge a reasonable fee.
We keep our tools. The software, templates, automations, designs, know-how and anything else we use to build and run the service, and all improvements to them, belong to us and our licensors. We give you a limited, non-exclusive, non-transferable, revocable right to use them as part of the service. All other rights are reserved.
Feedback. If you suggest improvements, we may use them without owing you anything.
Our name. You agree we may say that you’re a client, and may link to your website from ours, unless you ask us not to in writing.

9. Rules for using the service

You must not use the service to:

Send spam or messages the recipient hasn’t agreed to receive, or break the laws on texting, calling and email marketing.
Collect or use personal information unlawfully.
Send harassing, deceptive, fraudulent, defamatory or unlawful content, or content that promotes things carriers or our providers prohibit, such as illegal drugs, gambling, or lending.
Copy, reverse engineer or resell the service, build a competing product from it, bypass its security, interfere with it, or upload malware.
Break any third party’s rights or any law that applies to you.

We may suspend or end the service straight away if you break these rules, or if a carrier, regulator or provider requires it.

10. Messaging, calls and your customers

When the service texts, calls or emails your customers, you are the sender. You’re responsible for:

Having the consent you need to contact each person, in the form the law requires, and keeping proof of it. We don’t check it for you.
Honouring opt-outs straight away, across all your messages. The service handles the STOP keyword for you, but you must honour opt-outs received any other way.
Following the laws and industry rules that apply to your messages, such as the US Telephone Consumer Protection Act, state telemarketing laws, the CAN-SPAM Act, CTIA guidelines, the carrier rules, and the equivalent laws in other places you contact, such as Canada’s anti-spam law, the UK and EU e-privacy rules and Australia’s Spam Act. This includes rules on quiet hours, do-not-call lists and identifying yourself.
Giving your customers any privacy notice the law requires, and any notice or consent the law requires for recording calls.
Making sure the information you give us for any registration is true and complete.

We handle carrier registration (such as A2P 10DLC and toll-free verification) on your instructions and with the information you give us. Carriers and other providers decide whether to approve, limit, suspend or block a registration, a number or a message. We aren’t responsible for their decisions or for delays and failures that result, and we don’t promise any approval, timeline or delivery rate.

We handle your customers’ personal information for you under our Data processing agreement. In short, we’re your service provider (processor) and you’re the business (controller).

If a fine, penalty, carrier surcharge or claim arises from your messages, your consent practices or your content, you’re responsible for it, as section 16 explains.

11. Call recording

We may record sales, onboarding and support calls with you, to check quality, train our team, keep records and settle disputes. We’ll tell you before the call starts. If you don’t want to be recorded, tell us at the start of the call. By continuing the call you agree to the recording.

Call recording in the service is off by default. We turn it on only if you ask. If you turn it on, you’re responsible for telling the people you record and for getting any consent the law requires.

12. Ending the service

By you. You can cancel under section 7.
By us. We may suspend or end the service, with or without notice, if you break these terms, don’t pay, or use the service in a way that exposes us or our providers to legal, regulatory or reputational risk, or if the law or a provider requires it. We may also end the service for convenience by giving you 30 days’ notice, and if we do, we’ll refund the unused part of the month you’ve paid for.
What happens next. Your access ends. You then have 30 days to export your content and customer data, or to ask us to send it to you. After that we may delete it, as our Data processing agreement describes. You’re responsible for exporting what you need. Terms that by their nature should survive, such as ownership, payment owed, disclaimers, indemnity, liability and disputes, survive.

13. Third-party services

The site and service rely on third-party services such as Twilio (phone and text), Amazon Web Services and Cloudflare (hosting), Amazon SES and Resend (email), Stripe (payments), Klaviyo (email marketing) and Cal.com (booking). Their own terms apply to their services. We aren’t responsible for their outages, changes, fees or decisions, including a carrier blocking or filtering a message. Texts and calls can be delayed, filtered or fail for reasons outside our control, and we can’t guarantee delivery.

14. Content and trademarks on the site

The text, design, software and logo on this site belong to FollowSystems LLC. Names and logos of other companies belong to those companies. Nothing here gives you any right to use our trademarks.

15. No warranties

We work to keep the site and service accurate and available, but we provide them “as is” and “as available”. To the fullest extent the law allows, we disclaim all other warranties, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement and accuracy. We don’t promise that the site or service will be uninterrupted, error free, secure or free of harmful code. We don’t guarantee any result, including calls, leads, bookings, reviews, sales, revenue or search rankings.

16. Indemnity

You will defend, indemnify and hold harmless FollowSystems, its owners, officers, employees and contractors from any third-party claim, and from the resulting losses, damages, fines, penalties, carrier fees, settlements and reasonable legal fees, that arise from:

Your content, your customer data, or your messages and calls to your customers, including claims under the TCPA, CAN-SPAM, state telemarketing and privacy laws, wiretapping and call-recording laws, and similar laws anywhere;
Your use of the service, or your breach of these terms; or
Your breach of any law or of any third party’s rights.

We’ll tell you promptly about any claim and give you reasonable help, at your cost. You can control the defence, but you can’t settle a claim in a way that admits fault for us or limits our rights without our written consent.

17. Limit on our liability

To the fullest extent the law allows:

We’re not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, goodwill, data, or business, even if we were told they might happen.
Our total liability to you for everything connected to the site or the service, whatever the legal theory, is limited to the greater of (a) the fees you paid us in the 12 months before the event that gave rise to the claim and (b) $100.
These limits apply even if a remedy fails of its essential purpose. They don’t limit liability that the law doesn’t allow us to limit.

You can only bring a claim against us within 1 year after the claim arises. After that, it’s barred.

18. Events outside our control

Neither of us is liable for delay or failure caused by something beyond our reasonable control, such as natural disasters, war, terrorism, pandemics, government action, power or internet failures, strikes, carrier or regulator action, or outages at a third-party platform. This doesn’t excuse you from paying what you owe.

19. Disputes, arbitration and governing law

Talk to us first. Email support@followsystems.com with a short description of the problem and what you want. We’ll both try to settle it informally for 30 days before either starts a formal case.
Binding arbitration. If we can’t settle it, any dispute between us goes to binding arbitration, not to court, under the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator is one person. The hearing takes place in Sheridan County, Wyoming, or by video if we both agree. The arbitrator’s decision is final, and a court may enter judgment on it. We’ll each bear our own legal costs, and the arbitrator may award them as the law allows. The arbitration fees are shared under the AAA rules, except that we’ll pay what the AAA rules require us to pay.
Individual claims only. You and we each give up the right to bring or join a class, collective or representative action, and the arbitrator can’t combine claims or hear them as a class.
No jury. To the extent a court case is allowed, you and we each give up the right to a jury trial.
Exceptions. Either of us may go to small claims court for a claim that fits there. Either of us may go to court for an order to stop misuse or infringement of intellectual property or confidential information.
Opt-out. You can opt out of arbitration and the class waiver by emailing support@followsystems.com within 30 days of first accepting these terms, with the subject “Arbitration opt-out”, your name, your business name and a clear statement that you opt out. If you opt out, disputes go to the state or federal courts in Sheridan County, Wyoming, and you agree to their jurisdiction.
Governing law. These terms and any dispute are governed by the laws of the State of Wyoming and applicable US federal law, without regard to conflict of law rules. The Federal Arbitration Act applies to section 19.

20. General

Whole agreement. These terms, our Privacy policy, our SMS terms, our Data processing agreement and any order form are the whole agreement between us on the service. They replace any earlier discussions.
Assigning. You can’t transfer these terms without our written consent. We can transfer them to anyone, including in a merger, acquisition or sale of our business or assets.
If a part doesn’t work. If a part of these terms can’t be enforced, the rest still applies, and the court or arbitrator may adjust the part to make it enforceable. If we don’t enforce a right straight away, we haven’t given it up.
No third-party rights. Nobody else can enforce these terms.
Our relationship. We’re independent businesses, not partners, employees, agents or joint venturers.
Electronic dealings. You agree we may contact you, give notices and sign documents electronically.
Export and sanctions. You promise you’re not on a sanctions list and won’t use the service in a place or way that breaks US export or sanctions law.
Notices. We may notify you by email to the address on your account, in your account, or on the site. You can notify us by email at support@followsystems.com or by post to FollowSystems LLC, 30 N Gould St, Sheridan WY 82801.

21. Changes

We may change these terms. If a change matters, we’ll give you at least 30 days’ notice by email or on the site, and change the date at the top. If you keep using the service after the change takes effect, you accept it. If you don’t, cancel before then.

22. Contact

FollowSystems LLC, 30 N Gould St, Sheridan WY 82801. Email support@followsystems.com.

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