By accessing or using FollowUp ("Service"), operated by FollowUp Technologies, LLC ("Company," "we," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access the Service.
FollowUp is a SaaS platform that provides automated SMS workflow management for businesses. The Service allows users to create, manage, and execute automated messaging campaigns to their customers.
To use our Service, you must:
You agree not to use the Service to:
You are solely responsible for compliance with all applicable SMS and telecommunications laws, including but not limited to TCPA (Telephone Consumer Protection Act) and CAN-SPAM Act. You must:
By using the Service to send messages, you certify that you have obtained prior express consent from all message recipients as required by applicable law, and that you will maintain documentation of such consent for at least four (4) years (five years recommended). You acknowledge that violations of the TCPA can result in statutory damages of $500 to $1,500 per unauthorized message, and that you bear full responsibility for any such violations arising from your use of the Service.
FollowUp operates as a neutral technology platform providing message composition, scheduling, and delivery tools. FollowUp does not select, control, review, or approve: (i) message recipients, (ii) message content or scripts, (iii) campaign targeting criteria, (iv) consent collection methods or language, or (v) the timing of individual messages beyond the automated compliance guardrails described in Section 5.3.
YOU ARE THE "CALLER" OR "SENDER" FOR PURPOSES OF THE TCPA (47 U.S.C. § 227), FCC REGULATIONS (47 CFR 64.1200), THE FTC TELEMARKETING SALES RULE (16 CFR 310), AND ALL ANALOGOUS STATE STATUTES. FollowUp is a technology vendor providing tools at your direction. FollowUp expressly disclaims any role as a "telemarketer" (as defined in 47 CFR 64.1200(f)(10)) or as a party that "initiates" calls or messages (as defined in 47 CFR 64.1200(f)(8)). All communications are initiated by you using the Service as a tool.
FollowUp's provision of compliance assistance tools — including but not limited to opt-out handling, quiet hours enforcement, consent tracking, Do Not Contact list management, voicemail script validation, and compliance reporting — does not constitute legal advice, does not guarantee compliance with any law, and does not transfer any compliance obligation from you to FollowUp. These tools are provided as commercially reasonable aids and are not a substitute for your own compliance program, legal counsel, or National DNC Registry subscription.
FollowUp provides the following automated compliance features as a service to users. These features operate on a best-efforts basis and do not guarantee legal compliance:
These guardrails may be updated from time to time. You are responsible for verifying that your campaigns comply with all applicable laws regardless of whether a guardrail exists for a specific requirement.
You acknowledge that the FCC has ruled that ringless voicemail is a "call" under the TCPA using an "artificial or prerecorded voice" (FCC 22-85, November 2022). By using the Service to deliver RVM, you certify that you have obtained prior express written consent (PEWC) from every recipient as required by 47 U.S.C. § 227(b)(1)(A)(iii) and 47 CFR 64.1200(a)(2).
You acknowledge that the FCC has ruled that AI-generated, cloned, and text-to-speech voices are "artificial" voices under the TCPA (FCC 24-17, February 2024). By using AI voice features, you agree that all AI-generated voice communications will: (i) disclose that the message is automated at the beginning of the communication, (ii) identify you or your business by name, and (iii) provide an opt-out mechanism. RVM and AI voice communications carry the same TCPA statutory damages ($500 per violation, up to $1,500 for willful or knowing violations) as traditional robocalls.
FollowUp reserves the right to immediately suspend your ability to send messages if: (i) your account generates an abnormally high rate of opt-out requests; (ii) you receive a carrier spam complaint; (iii) FollowUp receives a TCPA-related legal complaint, subpoena, or regulatory inquiry naming your account; or (iv) FollowUp reasonably believes your messaging practices violate applicable law.
During suspension, FollowUp may review your account activity, consent records, and messaging patterns. You agree to cooperate with such review and provide documentation of consent upon request within five (5) business days. FollowUp may terminate your account if you fail to provide adequate consent documentation, if your account is the subject of multiple TCPA complaints, or if you are found to have sent messages without adequate consent. Termination under this section is not subject to refund.
Upon account termination, FollowUp will retain compliance-related records (consent records, opt-out logs, message logs, violation reports) for a period of six (6) years to comply with regulatory retention requirements and to defend against potential claims.
Paid plans (Plus, Pro and Autopilot) are charged at signup: the plan fee for your first month or year plus a one-time $25 setup, which covers registering your business number with the phone carriers. After that, the plan fee is billed in advance on the same date each month or year, depending on the billing cycle you chose.
All fees are non-refundable, including the setup, plan fees, packs and auto top-ups, except where applicable law requires a refund. You can cancel anytime and you won't be charged again; your access continues until the end of the period you have already paid for. If something went wrong with a charge, email [email protected].
Subscriptions automatically renew unless cancelled before the renewal date. You can cancel anytime through your account settings.
Plus, Pro and Autopilot each include a monthly pool of usage credits (Plus 1,300, Pro 3,125, Autopilot 6,800). Each credit is worth $0.03. Usage draws from the pool at these rates: 1 credit for each text message segment sent or received, 4 credits for each call minute (incoming or outgoing, rounded up to the whole minute per call), 5 credits for each voicemail drop, and, on Autopilot, 10 credits for each minute of AI phone calls. Received texts and incoming calls use credits because our carriers charge us for them. Unused credits do not roll over to the next month. You can buy 500 more credits for $15; purchased credits last until the end of the billing month they were bought in. When your credits run out, outgoing texts, outgoing calls, voicemail drops and AI phone calls pause until your credits reset or you add more, or more are added automatically if you turned on auto top-up (section 6.5). Incoming texts and calls are still delivered and still use credits, so your balance can fall below zero. If you are on an older plan, the usage terms of that plan continue to apply.
Auto top-up ("Keep me running") is off unless you turn it on, at checkout or on your billing page. By turning it on, you authorize us to charge your card on file $15 for 500 more credits each time your credits run out, up to 3 times per billing month. After the third auto top-up in a month, outgoing usage pauses until your credits reset. We email a receipt for every auto top-up charge. If a charge is declined, outgoing usage pauses until you update your card. You can turn auto top-up off anytime in billing; turning it off stops future charges.
We reserve the right to modify pricing with 30 days notice. Price changes will take effect at the start of your next billing cycle.
Your use of the Service is also governed by our Privacy Policy. We implement industry-standard security measures to protect your data, including:
You retain ownership of the content you upload to the Service, including contact lists, message templates, and business information. We do not claim ownership of your content.
You acknowledge and agree that FollowUp may collect, use, and disclose aggregated, anonymized, and de-identified data derived from your use of the Service ("Aggregated Data") for any lawful business purpose, including but not limited to:
Aggregated Data does not identify you, your business, or any individual contact personally. FollowUp owns all right, title, and interest in Aggregated Data and all derivative works, insights, and products created from it.
You agree that FollowUp may use de-identified conversation patterns, message performance data, response signals, and workflow outcomes to train, improve, and develop AI models and automated features within the Service and in new products. No personally identifiable information or contact details are used in AI model training.
FollowUp may offer optional features that connect leads with relevant service providers in complementary industries ("Partner Network"). Participation in the Partner Network is voluntary. Lead information is only shared with Partner Network participants when the lead has provided affirmative consent (e.g., replying to a prompt or opting in to receive offers). You may opt out of Partner Network features at any time in your account settings.
The Service and its original content, features, and functionality — including all Aggregated Data, benchmarks, models, and insights derived from platform usage — are owned by FollowUp and are protected by international copyright, trademark, and other intellectual property laws.
If you use our API, you agree to:
We may terminate or suspend your account immediately, without prior notice, for:
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF FOLLOWUP AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO FOLLOWUP IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
IN NO EVENT SHALL FOLLOWUP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF FOLLOWUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, FOLLOWUP SHALL NOT BE LIABLE FOR: (A) ANY TCPA, FCC, OR STATE TELECOM STATUTORY DAMAGES, FINES, OR PENALTIES ARISING FROM YOUR MESSAGING CAMPAIGNS OR CONSENT PRACTICES; (B) ANY DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH APPLICABLE TELECOMMUNICATIONS LAW; (C) ANY INTERRUPTION, DELAY, OR FAILURE OF THE SERVICE, INCLUDING FAILED MESSAGE DELIVERIES; (D) ANY THIRD-PARTY CLAIMS AGAINST YOU ARISING FROM YOUR USE OF THE SERVICE.
YOU ACKNOWLEDGE THAT FOLLOWUP HAS SET ITS PRICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, THE LIMITATION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless FollowUp, its affiliates, officers, directors, employees, agents, licensors, and suppliers (collectively, "FollowUp Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising out of or relating to:
WITHOUT LIMITING THE GENERALITY OF SECTION 14.1, YOU SPECIFICALLY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE FOLLOWUP PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, AND FEES (INCLUDING REASONABLE ATTORNEYS' FEES, EXPERT WITNESS FEES, AND COSTS OF INVESTIGATION AND LITIGATION) ARISING OUT OF OR RELATING TO:
This indemnification obligation shall survive termination or expiration of these Terms for a period of six (6) years, which corresponds to the applicable statute of limitations for TCPA claims.
These Terms shall be governed by the laws of the United States and the State of Delaware, without regard to its conflict of law provisions.
We reserve the right to modify these Terms at any time. Material changes will be notified via email or through the Service. Continued use after changes constitutes acceptance.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and FollowUp agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the relationship between you and FollowUp (collectively, "Disputes") will be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring individual claims in small claims court if the claims qualify.
The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures ("JAMS Rules"), as modified by this Section. The JAMS Rules are available at www.jamsadr.com. The arbitration will be conducted by a single arbitrator selected in accordance with the JAMS Rules. The arbitration will take place in Wilmington, Delaware, or by videoconference at the election of either party. The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized by law.
The arbitrator shall have exclusive authority to resolve any Dispute, including any claim that all or any part of these Terms is void or voidable. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and FollowUp.
YOU AND FOLLOWUP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID, AND THE DISPUTE SHALL BE DECIDED BY A COURT.
YOU HEREBY WAIVE YOUR RIGHT TO TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.
You have the right to opt out of this arbitration provision by sending written notice of your decision to opt out to [email protected] within thirty (30) days of first accepting these Terms. If you opt out, neither you nor FollowUp can require the other to participate in an arbitration proceeding.
This arbitration provision shall survive termination of these Terms and your use of the Service.
For questions about these Terms, please contact us at:
Email: [email protected]