1. Agreement to Terms

Welcome to Merchant Follow Up. These Terms of Service ("Terms") govern your access to and use of the Merchant Follow Up platform, website at merchantfollowup.com, and any related services (collectively, the "Service") provided by Merchant Follow Up ("Company," "we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

You must be at least 18 years old to use this Service. By using the Service, you represent and warrant that you are at least 18 years of age.

2. Description of Service

Merchant Follow Up is a customer relationship management (CRM) platform designed for businesses to manage client relationships, communications, and sales pipelines. Our Service includes:

• Client and contact management
• Sales pipeline and deal tracking
• Email integration and management
• SMS and messaging capabilities
• Calendar and scheduling tools
• Automated follow-up campaigns
• Analytics and reporting
• Team collaboration features

3. User Accounts

3.1 Account Creation

To use certain features of the Service, you must register for an account. When you register, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any other reason we deem appropriate.

4. Acceptable Use Policy

You agree NOT to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Send spam, unsolicited messages, or engage in any form of harassment
• Transmit viruses, malware, or other malicious code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use the Service for any illegal or fraudulent purposes
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Collect or harvest user data without consent
• Impersonate any person or entity or misrepresent your affiliation
• Use the Service to send communications that violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or similar regulations

5. Third-Party Integrations

5.1 Google Services

Our Service integrates with Google APIs to provide email functionality. By connecting your Google account, you authorize us to access your Gmail data in accordance with our Privacy Policy and Google's Terms of Service. You can revoke this access at any time through your Google Account settings.

5.2 Twilio Services

Our SMS and calling features are powered by Twilio. Use of these features is subject to Twilio's Acceptable Use Policy and applicable telecommunications regulations. You are responsible for obtaining proper consent before sending SMS messages or making calls.

5.3 Third-Party Terms

Your use of any third-party services through our platform is subject to those third parties' terms of service and privacy policies. We are not responsible for the practices of third-party services.

6. Payment Terms

6.1 Subscription Fees

Access to certain features of the Service requires a paid subscription. Fees are billed in advance on a monthly or annual basis, depending on your chosen plan.

6.2 Pricing

Current pricing is $100 per user per month. We reserve the right to modify pricing with 30 days' notice to existing subscribers.

6.3 Refunds

Subscription fees are non-refundable except as required by law or as explicitly stated in writing.

7. Intellectual Property

7.1 Our Intellectual Property

The Service and its original content, features, and functionality are owned by Merchant Follow Up and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Your Content

You retain ownership of all content you upload to the Service ("User Content"). By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and process that content solely for the purpose of providing the Service to you.

7.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without any obligation to you.

8. SMS and Communication Compliance

When using our SMS and communication features, you agree to:

• Obtain proper consent from recipients before sending messages
• Comply with the Telephone Consumer Protection Act (TCPA) and all applicable regulations
• Honor opt-out requests promptly
• Maintain accurate records of consent
• Not send messages to numbers on the Do Not Call Registry without prior consent
• Include proper identification and opt-out instructions in messages

You are solely responsible for compliance with all applicable laws regarding electronic communications.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Service is free of viruses or other harmful components.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MERCHANT FOLLOW UP, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

Our total liability shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

11. Indemnification

You agree to defend, indemnify, and hold harmless Merchant Follow Up and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney fees and costs, arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (d) any claim that your User Content caused damage to a third party.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Any dispute arising from these Terms shall first be attempted to be resolved through good faith negotiation. If the dispute cannot be resolved within 30 days, either party may pursue binding arbitration or file a claim in a court of competent jurisdiction.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the Service after any changes constitutes acceptance of the new Terms.

14. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Merchant Follow Up regarding your use of the Service and supersede all prior agreements and understandings, whether written or oral.

16. Contact Information

If you have any questions about these Terms, please contact us: