Terms of service

1. The service

FollowUp reads purchase orders you give it, checks in with your vendors by email (and text, where enabled) on a schedule until each order is ready or has shipped, records the dates vendors commit to, and shows each PO's status (the “Service”). Features depend on your plan.

2. Accounts

2.1 Registration. Give us accurate, current information and keep it up to date. We may suspend an account opened with false information.

2.2 Users. Your Admins decide who has access. Each person uses their own sign-in. You are responsible for what is done under your account and must tell us promptly of any unauthorised access.

2.3 Sign-in. If you sign in with Microsoft or Google, that provider's terms apply to the sign-in. We never see your provider password.

3. Using the service

3.1 You may use the Service for your own internal business purposes, within your plan.

3.2 You may not: (a) use it unlawfully or fraudulently; (b) resell it or provide it to others as a service; (c) reverse engineer or copy it, or build a competing product from it; (d) probe, scan or interfere with its security or other customers' use; (e) upload malware or content you have no right to; (f) use it to send spam, harassing, deceptive or non-business messages; or (g) let a competitor of ours use it without our written consent.

3.3 Changes. We may add, change or remove features. We won't materially reduce a paid plan's core function during a paid term without notice and, where we can't offer a substitute, a pro-rata refund.

4. Messages sent on your behalf

4.1 You are the sender. Messages go out from your mailbox or number, in your team's name, and you authorise FollowUp to send them. You are responsible for having a business relationship with each vendor contact you add, and for the accuracy of the POs, contacts and instructions you give us.

4.2 Email. You will use FollowUp consistently with the CAN-SPAM Act and similar laws. Messages are follow-ups about existing orders, name a real person on your team, and respect opt-outs; FollowUp records and honours a contact's opt-out.

4.3 Texts. Where texts are enabled, you confirm you have the consent the Telephone Consumer Protection Act, carrier rules and industry guidelines require for each number you add, and you won't add personal or consumer numbers. Texts stop when a recipient replies STOP. Delivery depends on carriers and registration, and isn't guaranteed.

4.4 AI assisted messages. If you choose AI assisted, an AI model words messages and reads vendor replies from the facts of the order. Our software, not the AI, decides whether, when and to whom messages go; automatic replies stay within scheduling and dates, and everything else goes to a person on your team. A vendor who asks whether a message is automated is answered truthfully, in your Admin's words. AI output can be wrong; you are responsible for your settings and for what is sent in your name.

4.5 Not a guarantee. FollowUp records what vendors say. It doesn't guarantee a vendor's date, a PO's accuracy or that an order arrives on time, and you shouldn't rely on it as your only control for critical or safety-related orders.

5. Vendor contacts

Vendors and their staff aren't our customers, but their information passes through the Service. You are responsible for collecting and using it lawfully, for giving any notice or getting any consent the law requires, and for removing contacts who ask not to be contacted. Vendor replies are Customer Data.

6. Plans, fees and payment

6.1 Plans. The Free plan sends template emails only. Paid plans add AI assisted messages, texts, email intake and the other features listed for them. Prices are as quoted to you or listed when you subscribe.

6.2 Billing. Paid plans are billed in advance and renew automatically until cancelled. Fees are in U.S. dollars and exclude sales, use and similar taxes, which you pay.

6.3 Refunds. Fees are non-refundable except where these Terms or the law say otherwise.

6.4 Price changes. We give at least 30 days' notice of a price change, effective at your next renewal. If you object, cancel before it renews.

6.5 Late payment. If a payment is overdue, we may make the account read-only after 10 days' notice, and cancel it if it is still unpaid 30 days later. Your data is then handled under Section 8.

7. Your data

7.1 You own it. “Customer Data” is everything you or your users put in or generate through the Service: POs, vendor contacts, messages, replies, dates and settings. As between us, you own it.

7.2 Our licence. You let us host, process, copy, transmit and display Customer Data only to provide, secure and support the Service for you. The licence ends when the data is deleted.

7.3 Usage data. We may use de-identified, aggregated figures about how the Service is used to run and improve it. They never identify you or your vendors.

7.4 No AI training. We don't use Customer Data to train or fine-tune AI models, and we use AI providers only under terms that don't let them do so. This applies to every feature, including those marked beta or preview.

7.5 Privacy. Our Privacy policy explains how we handle personal information. For personal information in Customer Data we act as your service provider (processor), and we will sign a data processing addendum on request.

7.6 Security. We use reasonable administrative, technical and physical safeguards, described on our Security page. No system is perfectly secure. We will tell you without undue delay if we learn of a breach affecting your Customer Data.

8. Export, cancellation and deletion

8.1 You can export your data at any time while your account is open.

8.2 You may cancel at any time in Settings or by writing to us. Cancellation takes effect at the end of the paid period.

8.3 After cancellation your account is read-only for 30 days so you can export or come back. Then a person on our team confirms the deletion, and after a further 7 days your data is permanently deleted. You may ask us to delete it sooner. We may keep what the law requires and de-identified usage figures.

9. Our property

We own the Service and everything we build into it, including its software, design, name and logos. You get only the rights in these Terms. We may use feedback you give us freely. We will name you as a customer only with your written consent.

10. Availability and support

We work to keep the Service available but don't guarantee it. Maintenance, outages at Microsoft, Google, carriers or our hosting provider, and events beyond our control may interrupt it, including sending. Support is by email at support@vendorfollowup.com and through Help in the app, on business days.

11. Other services

The Service connects to services you choose or we use to run it: your Microsoft 365 or Google Workspace, sign-in providers, text carriers, payment processors, hosting and AI providers. Their terms govern their parts; we remain responsible for our subprocessors' handling of Customer Data. The current list is on our Security page, and we tell you before adding one. When you connect a mailbox, you authorise us to send and read mail in that mailbox, including its Sent Items to pick up POs, for the Service only; you can revoke it at any time.

12. Confidentiality

Each party will protect the other's non-public information with at least the care it uses for its own, use it only for this agreement, and share it only with people who need it and are bound to keep it confidential, or as the law requires (with notice where allowed). This doesn't cover information that is public, already known or independently developed. Customer Data is your confidential information.

13. Warranties and disclaimers

13.1 Each party has the authority to enter into this agreement.

13.2 We will provide the Service professionally, and it will perform substantially as described. If it doesn't, we'll fix it within a reasonable time; if we can't, you may cancel and receive a pro-rata refund of prepaid fees. That is your sole remedy for breach of this warranty.

13.3 You have the rights and consents needed to give us Customer Data and to have us contact the people you add, and your use will comply with the law.

Except as stated in these Terms, the Service is provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement, and we do not warrant that the Service will be uninterrupted or error-free, that messages will be delivered or answered, or that AI output will be accurate.

14. Limitation of liability

To the fullest extent the law allows, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, goodwill or data, including losses from a late order, a missed vendor date, or a message that was delayed, undelivered or misread. Each party's total liability under these Terms is limited to the fees you paid us in the 12 months before the claim.

These limits don't apply to your payment obligations, either party's indemnities, misuse of the other's intellectual property, fraud, wilful misconduct, or liability the law doesn't allow to be limited.

15. Indemnities

15.1 By you. You will defend and indemnify us against third-party claims arising from Customer Data, messages sent at your direction (including claims that you lacked consent under the TCPA or CAN-SPAM), or your breach of these Terms.

15.2 By us. We will defend and indemnify you against third-party claims that the Service, as we provide it, infringes a U.S. patent, copyright or trademark or misappropriates a trade secret, except where the claim comes from your changes, your data, combinations we didn't provide, or use against these Terms. If such a claim is likely, we may change the Service, get you a licence, or end the affected part and refund prepaid fees.

15.3 Process. The party asking for protection gives prompt notice, lets the other control the defence and settlement (no admission of fault without its consent), and cooperates reasonably.

16. Suspension and termination

16.1 We may suspend or end access if you materially breach these Terms, misuse messaging (such as spam or sending without consent), put the Service or others at risk, don't pay, or if the law requires it. Except for serious misuse, we'll first give you notice and 10 days to put it right.

16.2 We may end the agreement for convenience on 60 days' notice, with a pro-rata refund of prepaid fees.

16.3 When the agreement ends, access ends, Section 8 governs your data, and unpaid fees remain due. Sections that by their nature should survive, do.

17. Changes to these terms

We give at least 30 days' notice of a material change, by email or in the app. It takes effect at your next renewal or on the date stated, whichever is later. If you don't agree, cancel before then.

18. Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, other than payment obligations. If such an event lasts more than 60 days, either party may cancel with a pro-rata refund.

19. Law and disputes

These Terms are governed by the laws of [state], without regard to its conflict-of-law rules. Before filing a claim, a party will send written notice and try in good faith to resolve the dispute for 30 days. Claims go to the state and federal courts in [county], [state], and each party consents to them and waives a jury trial.

20. General

20.1 Entire agreement. These Terms, any order form and data processing addendum we sign, and the documents they name are the whole agreement. Help pages, emails and other material don't add terms. A signed order form controls on a conflict.

20.2 Assignment. Neither party may assign without the other's consent, except to a successor in a merger or sale of its business, with notice.

20.3 Notices. We may notify you by email to your account's Admins or in the app. You notify us at legal@vendorfollowup.com.

20.4 Other. If a provision is unenforceable, the rest stays. Not enforcing a provision isn't a waiver. We are independent contractors, and there are no third-party beneficiaries. Clicking to accept is a valid signature. You won't use the Service where U.S. law forbids it.

21. Contact

[legal entity name], [postal address]
legal@vendorfollowup.com