Effective: June 16, 2016 Last Updated: December 21, 2016
These FollowUP Inc Service Terms (these "Terms") explain the relationship between FollowUP Inc. ("FollowUP", "we" or "us") and you when you access and use followupinc.com and its related domains (together, the "Site") and/or download, install, use and in some cases purchase FollowUP Inc’s proprietary email software applications (including all related documentation, updates and upgrades) and any other services offered through FollowUP Inc.
These Terms govern visitors access to and use of the public & private areas of the Site, as well as access to and use of the FollowUP Inc App. Unless otherwise indicated, FollowUP Inc as used throughout these Terms includes the public & private areas and the FollowUP Inc. For the purposes of these Terms, "you" or "your" refers to you as a visitor to or registered user of the FollowUP Inc.
1. License Grant. The followupinc.com are owned by FollowUP Inc and are licensed, not sold, to you. FollowUP Inc grants to you a personal, nonexclusive, nontransferable, limited license (without the right to sublicense) to access and use the Site and to access, download, install and use the followupinc.com subject to the limitations set forth in these Terms, any relevant purchase order or ordering document related to the followupinc.com ("Order Form") and any and all other terms and policies set forth in the followupinc.com. You acknowledge that the source code for the followupinc.com and other trade secrets embodied in the followupinc.com have not been and will not be licensed or otherwise disclosed to you. All rights not expressly granted herein are reserved by FollowUP Inc.
2. Use of followupinc.com.
2.1 Registration: Unless you are visiting only the public areas of the Site, you are required to register and create an account to use the followupinc.com ("Account"). You agree that you will maintain and update your registration and account information to ensure it is current, complete and accurate and that we have the right to terminate your Account and use of the followupinc.com if you provide untrue, incomplete or inaccurate information.
2.2 Your Responsibilities: You are responsible for providing the equipment and services that you need to access, download, install and use the followupinc.com. FollowUP Inc does not guarantee that the followupinc.com are accessible on any particular equipment or device or with any particular software or service plan.
You are responsible for all activities that occur through your Account, whether or not authorized by you. Please do not share your Account with any other person.
You will use the followupinc.com only for your internal business purposes and in accordance with applicable laws, rules and regulations. You are responsible for all of your activities that occur within, through or as a result of your use of the followupinc.com. You agree that you will not use the followupinc.com for unlawful purposes or to engage in any illegal, offensive, indecent or objectionable conduct, including violation of any third party privacy or other rights. You agree that you will not use the followupinc.com if you are under the age of majority in your place of residence or otherwise not fully able and competent to agree to these Terms.
If you use the followupinc.com on your mobile device, you are solely responsible for all message and data fees charged by your wireless service provider. Please contact your mobile service provider for pricing plans and details. FollowUP Inc is not liable for any delays, interruptions or other transmission errors related to your device, service or wireless service provider.
Except as specifically permitted in these Terms or expressly authorized in writing by FollowUP Inc, you agree that you will not directly or indirectly: (a) distribute, sell, assign, encumber, transfer, rent, lease, sublicense, modify or time-share the followupinc.com; (b) use any of the followupinc.com in any service bureau arrangement; (c) reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify any of the followupinc.com; or (d) permit any third party to engage in any of the acts described in clauses (a) through (c).
You are not permitted to: (w) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in any of the followupinc.com; (x) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any of the followupinc.com; (y) use any means to discover the source code of the followupinc.com or to discover the trade secrets in the followupinc.com; or (z) otherwise circumvent any functionality that controls access to or otherwise protects the followupinc.com.
You are responsible for complying with all laws, rules and regulations (including those relating to internet, data and email privacy) that apply to your use of the followupinc.com.
2.3 Our Responsibilities: FollowUP Inc is responsible for providing the followupinc.com in accordance with these Terms and all applicable laws, rules and regulations.
You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store in connection with or relating to the followupinc.com ("Your Content" as defined in Section 3 below).
We will maintain commercially reasonable administrative, physical and technical safeguards intended to protect the security, confidentiality and integrity of information that you provide to or through the followupinc.com (including Your Content as defined in Section 3 below).
FollowUP Inc reserves the right but is not obligated to improve, enhance or modify the followupinc.com. We will notify you in advance of changes to the followupinc.com that may significantly adversely affect the manner in which you use the followupinc.com or the manner in which the followupinc.com perform.
FollowUP Inc is not responsible for the content of Other Services or for losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees ("Claims") arising from your use of content, information, web sites, Software, services and other materials of third parties with which you may interact when you use the followupinc.com (collectively, "Other Services"). YOU ACCESS OTHER SERVICES ENTIRELY AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH TERMS AND CONDITIONS APPLICABLE TO YOUR ACCESS AND USE OF OTHER SERVICES.
2.4 Availability: We use commercially reasonable efforts to make the followupinc.com available to you 24 hours per day, seven (7) days per week, excluding scheduled maintenance time, unavailability caused by you or any software, hardware or service not provided by us, unscheduled downtime and/or any cause beyond our reasonable control (including without limitation nature disasters, wars, terrorist act, civil disturbances, acts of any government or agency thereof, strikes or other labor problems, Internet service or other third party service providers’ failures or delays and systemic electrical, telecommunications or other utility outages or failures).
2.5 Your information: FollowUP Inc reserves the right to use your name and/or company name as a reference for marketing or promotional purposes on FollowUP Inc’s website and in other communication with existing or potential FollowUP Inc customers. To decline FollowUP Inc this right you need to email email@example.com stating that you do not wish to be used as a reference.
2.6 Limitations: followupinc.com are subject to other limitations, such as limits on the amount of email sent as specified by your email provider.
3. Your Content. The followupinc.com allow you to upload, transmit and use information and other content to and through the followupinc.com (collectively, "Your Content"). You are solely responsible for the accuracy, quality, legality and means by which you acquired Your Content. You understand that FollowUP Inc will use Your Content to provide the followupinc.com to you. You have or will obtain all rights necessary to provide Your Content to FollowUP Inc and you hereby grant FollowUP Inc a worldwide license to use, reproduce, transmit, display and adapt your Content as necessary for FollowUP Inc to provide the followupinc.com to you in accordance with these Terms.
By transferring Your Content on or through the Service, You hereby do and shall grant FollowUP Inc a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. FollowUP Inc has the right, but not the obligation, to monitor the Service, Content, or Your Content. You further agree that FollowUP Inc may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
We encourage you to carefully consider disclosure of any information that might be accessible to others. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the followupinc.com.
4. Paid followupinc.com. FollowUP Inc offers followupinc.com for a fee ("Paid followupinc.com"). The Paid followupinc.com is provided to you for a monthly fee at the then-current rates as described at FollowUP Inc.io/pricing ("Fee Schedule"). FollowUP Inc reserves the right to change the Fee Schedule upon thirty (30) days advanced notice to paying customers.
FollowUP Inc does not store, process or transmit any of your credit card data but relies entirely on Stripe, Inc. to handle these functions. Payments due for the Paid followupinc.com are subject to the terms of the online order process at https://stripe.com/terms/US. If you do not agree to Stripe’s terms, then please do not sign up for the Paid followupinc.com.
Your Paid followupinc.com will not be activated until your first payment is received. Payments are due in accordance with the Fee Schedule every thirty (30) days in advance. Monthly fees are automatically charged to the credit card that you provided when you registered for the Paid followupinc.com. To cancel the Paid followupinc.com, simply got to your settings / billing and cancel there. Cancellation are requested immediately, but your credit card provider may require several days to process your cancellation request. We are not responsible for delays caused by your credit card company.
If payment in full of any amount owed to FollowUP Inc under these Terms is not received by FollowUP Inc within thirty (30) days after such payment has become due, such amounts will thereafter bear interest at the rate 0.05% per day or the maximum rate permitted by applicable law, whichever is less. If any payment due FollowUP Inc is collected at law or through an attorney at law or under advice therefrom or through a collection agency, you agree to pay all costs of collection, including, without limitation, all court costs and reasonable attorneys’ fees.
5. Warranties. We warrant that we have validly entered into these Terms and have the legal power to do so. You warrant that (i) you have validly entered into these Terms and have the legal power to do so and (ii) you have all necessary rights, licenses, consents and permissions to use Your Content with the followupinc.com.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, YOU ACKNOWLEDGE THAT THE FOLLOWUPINC.COM ARE SUPPLIED TO YOU ON AN "AS IS" BASIS AND THAT USE OF THE FOLLOWUPINC.COM IS AT YOUR SOLE RISK. FOLLOWUP INC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE FOLLOWUPINC.COM AND THE USE, PERFORMANCE, OPERATION AND SUPPORT THEREOF, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT, ACCURACY, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. FOLLOWUP INC DOES NOT WARRANT THAT (A) THE FOLLOWUPINC.COM WILL MEET YOUR REQUIREMENTS, (B) OPERATION OF THE FOLLOWUPINC.COM WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (C) THAT THE FOLLOWUPINC.COM WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATIONS OR ANY PARTICULAR SYSTEMS OR DEVICES, (D) DEFECTS IN THE FOLLOWUPINC.COM WILL BE CORRECTED OR (E) THAT THE FOLLOWUPINC.COM WILL BE AVAILABLE FOR REINSTALLS ON THE SAME OR MULTIPLE DEVICES. ANY ORAL OR WRITTEN ADVICE PROVIDED BY FOLLOWUP INC OR ITS AUTHORIZED AGENTS WILL NOT BE DEEMED TO CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability. FOLLOWUP INC’S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THE DELIVERY, USE OR PERFORMANCE OF THE FOLLOWUPINC.COM OR THESE TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) WILL NOT EXCEED THE AMOUNT PAID BY YOU HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT; PROVIDED THAT IN NO EVENT SHALL FOLLOWUP INC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER. THE FOREGOING LIMITATION WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS.
IN NO EVENT WILL FOLLOWUP INC BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE FOLLOWUPINC.COM OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF FOLLOWUP INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING DISCLAIMER OF LIABILITY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms of these Terms and that FollowUP Inc would not be willing to grant you the rights set forth in these Terms but for your agreement to these limitations of liability.
7. Ownership. The followupinc.com, including the "look and feel" (e.g., text, graphics, images, logos), content and other material are automatically protected by copyright, irrespective of whether copyright is asserted or not. You acknowledge and agree that FollowUP Inc owns all right, title and interest in and to the followupinc.com (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of FollowUP Inc’s copyrights, patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms. Any and all (a) suggestions for correction, change and modification to the followupinc.com, evaluation data, evaluations and other feedback (including but not limited to quotations of written or oral feedback, information and reports provided to FollowUP Inc by you (collectively, "Feedback")), and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by FollowUP Inc or otherwise relating to the followupinc.com (collectively, "Revisions"), are and will remain the property of FollowUP Inc. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the followupinc.com or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of FollowUP Inc and FollowUP Inc may use and disclose Feedback and Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to FollowUP Inc any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights, and any and all other intellectual property rights) that you may have in and to any and all Feedback and Revisions. Upon request by FollowUP Inc, you will execute any document, registration or filing required to give effect to the foregoing assignment.
8. Indemnification. You agree to indemnify and defend FollowUP Inc and its affiliates, directors, officers, employees and agents from and against all Claims brought against FollowUP Inc by any third party arising from your use of the followupinc.com or any violation of these Terms, the rights of a third party or applicable law. Your indemnification obligations set forth in this Section 8 apply to any applicable actions taken under your Account. FollowUP Inc reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement that affects the rights or obligations of FollowUP Inc may be made without FollowUP Inc’s prior written approval.
9. Modifications to Terms. We may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the followupinc.com after the "Last Revised" date at the top of this page. Your continued access or use of the followupinc.com after the modifications become effective is deemed your conclusive acceptance of the modified Terms.
10. Termination. These Terms will automatically terminate when you fail to comply with any term or condition of these Terms. Upon termination, you will cease all use of the followupinc.com and will destroy any copy (full or partial) of any and all parts of the followupinc.com in your possession or control. Termination will not limit any of FollowUP Inc’s other rights or remedies at law or in equity. This Section 11 along with Sections 6, 7 and 8 will survive any termination or expiration of these Terms.
11. Export Laws. You agree that you will not export or re-export, directly or indirectly, the followupinc.com and/or other information or materials provided by FollowUP Inc hereunder, to any country for which Poland or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. You are responsible for and hereby agree to comply at your sole expense, with all applicable Polish export laws and regulations.
12. Taxes. You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms or the followupinc.com by any authority.
13. Remedies. You agree that a breach or a threatened breach of these Terms will cause injury to FollowUP Inc for which money damages will not provide an adequate remedy and FollowUP Inc will be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.