Terms of Service

These Terms are the agreement between your business and Live Free Software for our website, CRM and marketing platform and our build services.

Each section starts with a short summary in italics. Summaries are for convenience; the full text governs.

1.Agreement and acceptance

In short: by signing up or using our services, your business agrees to these Terms.

These Terms of Service ("Terms") are an agreement between Live Free Software LLC ("Live Free Software," "we," "us") and the business that uses our services ("you").

• You are a business. Our services are for business use, not personal or household use.
• Authority. The person accepting these Terms confirms they have authority to bind the business.
• Age. Every user must be 18 or older.
• How you accept. You accept by checking the box at sign-up or checkout, signing an order form, or using the services.

Electronic signatures and notices

You agree to sign and receive these Terms, notices and records electronically, by email and in the app. You may ask for a paper copy at any time at [email protected]. You need a device with a current web browser and an email account.

Which document controls

If documents conflict, they apply in this order: (1) a signed order form or quote; (2) these Terms; (3) our Acceptable Use Policy and other linked policies; (4) our Privacy Policy. Our Data Processing Addendum controls on data protection.

2.Definitions

3.The Services

In short: monthly plans from do-it-yourself to hands-on help, plus custom builds quoted in writing.

Plans

Plan features are described on our Pricing page.

How the Platform is delivered

We deliver the Platform using licensed third-party infrastructure, communications, payment and AI providers. We may change these providers at any time. We may add, change or remove features, and the Platform's look and name may change.

Free trial

• The Trial lasts 5 days and needs no card.
• It does not turn into a paid plan automatically.
• Paid features (such as AI, listings and domain purchases) are locked, and usage limits are set to $0.
• One Trial per business. We verify your phone number and check your IP address.
• When the Trial ends, your account is locked until you choose a plan. Trial accounts that don't choose a plan are deleted within 30 days.
• If you agreed to be contacted at sign-up, we may follow up by call, text or email. Reply STOP to opt out of texts.

Build Services

• We define the scope of every build in a written quote.
• We collect a deposit before work starts.
• You supply photos and business content. We may write or polish copy for you.
• Each quote states the number of revision rounds included.
• A build is "completed" when it is published to your domain or when you approve it in writing, whichever comes first.

Beta features

Features labelled beta, preview or Labs are provided as-is. We may change or withdraw them at any time.

Fair use

Anything described as "unlimited" is subject to fair, normal business use. We may limit use that threatens the Platform's stability or other clients' service.

Support

We provide remote support by email and in the app. We aim to reply within 1 business day (Eastern time). We use commercially reasonable efforts to keep the Platform available, but we do not offer an uptime guarantee or service credits. See our Support Policy.

No health information

The Platform is not for protected health information (PHI). Do not submit PHI unless we have both signed a Business Associate Agreement and a HIPAA-enabled plan is active. We do not offer that plan yet. PHI must never be entered into AI features.

Regulated professions

If you work in law, health care, finance, real estate, insurance or another regulated field, you are responsible for following your profession's rules. AI features must not be used to give professional advice.

4.Accounts and security

In short: keep your details accurate and your login safe. Two-factor login is required.

• Accurate details. Your business name, address and tax details must match your IRS records. Carriers require this to approve texting.
• One account per business. If your business closes or changes owners, contact us to transfer or close the account.
• Two-factor authentication is required for every user. Keep logins private and tell us at once about any unauthorized use. We are not responsible for losses caused by not following our recommended security steps.
• Access. We and our infrastructure providers may access your account to give support, protect security and comply with the law.
• Monitoring. We may monitor usage. We must suspend a Sub-account if our infrastructure provider requires it.

5.Fees, billing, renewal and taxes

In short: plans bill monthly to your card and renew until you cancel. Usage is billed separately.

Your plan renews automatically every month at the then-current price, and we charge your card on file in advance, until you cancel. After you sign up, we email you a confirmation with your plan, price and how to cancel.

Usage Fees

Texts, picture messages, voice minutes, phone numbers, email volume, AI usage, premium actions, carrier registration (10DLC) fees, domains and listings are metered. We bill them to your card at our published rates.

Usage Fees are non-refundable. This includes failed or undelivered messages and carrier registration fees for campaigns that carriers reject.

Price changes

• Pass-through usage rates may change on 24 hours' notice.
• Plan prices change only with 30 days' notice. You may cancel before the new price takes effect.

Taxes

Prices do not include taxes. You pay any sales, use or similar taxes that apply.

Failed payments

If a payment fails, we will retry it and notify you. Your account stays active for 30 days while you catch up. If any balance is still past due after 30 days, we suspend your account. It stays suspended until every past-due balance is paid in full. Overdue amounts accrue a late fee of 1.5% per month, or the highest rate the law allows, if lower.

Chargebacks

Please contact us before disputing a charge with your bank. We usually fix billing issues the same day. If you file a chargeback, we may suspend the account until it is resolved and recover our costs.

We are not the merchant of record for sales you make to your own customers through the Platform.

Changing plans

Upgrades take effect right away, and we charge the prorated difference. Downgrades take effect at your next billing date. If you downgrade from a custom build, the automations we built go offline and the custom site is unpublished. We save a copy.

Promotions

Promotional offers, such as free build-outs, are governed by the written terms of that offer.

6.Cancellation, refunds and termination

In short: cancel any time. You get back the unused days of your current month. Deposits follow the build rules below.

How to cancel

Cancel any time in the app or by emailing [email protected]. Cancelling online is as easy as signing up. Cancellation takes effect the day you request it.

Subscription refunds

When you cancel, we refund the unused days of your current billing cycle:

Usage Fees and carrier fees are not refunded.

Build deposits

• Completed builds: no refund of the deposit.
• Builds not started or partly complete: we may grant a partial refund of up to 50% of the total deposit, at our discretion, based on the work performed.

See our Refund & Cancellation Policy for full details.

When we may suspend or terminate

We may suspend or end your account if you:

• breach these Terms or our Acceptable Use Policy;
• have a balance more than 30 days past due (see Section 5);
• are the subject of a demand from a carrier or infrastructure provider; or
• abuse or harass our staff.

Where practical, we warn you and suspend before we terminate.

What happens when service ends

• Your website goes offline.
• Your domain stays yours.
• You have 30 days to export your data (contacts as CSV, conversations, files and, where possible, pages).
• We delete your data within 90 days, except backups on their normal cycle and records we must keep by law.
• Phone numbers we provided are released within 14 days. Numbers you ported in are yours to port out.

What survives

Sections on payment owed, data and consent records, confidentiality, disclaimers, limitation of liability, indemnification and disputes continue after these Terms end.

7.Your data and content

In short: your data is yours. We process it only to provide the Services, and you are responsible for collecting it lawfully.

Ownership and license

You own your Client Data and Client Content. You give us and our providers a limited license to host, copy, process and display them only to provide the Services.

Our roles

For Client Data, you are the controller and we are your processor. Our Data Processing Addendum is part of these Terms. We act on requests from your customers only on your instructions. If we receive one directly, we forward it to you.

Your own policies

You must publish your own Privacy Policy, Terms, SMS Terms and consent language. They must appear on every site, form, booking calendar and chat widget you use to collect information.

Your promises about your data

• You have all rights and permissions needed for your Client Content.
• You collected every contact lawfully, with the consent the law requires.
• You do not upload purchased, rented or scraped contact lists.
• You do not upload health information, full card numbers or biometric data.
• You keep only the data you need.

Usage data

We own aggregated, de-identified data about how the Platform is used. It never identifies you or your customers.

Sub-processors

We use sub-processors by category, listed on our Sub-processors page. We give 30 days' notice of new ones. You may object during that time.

Security and breaches

We protect Client Data as described in our Privacy Policy. We notify you within 72 hours of confirming a breach that affects your data.

8.Messaging, calling, email and AI compliance

In short: you are the sender of every message you send. You must have consent and follow the rules.

You are the seller, telemarketer, advertiser and sender of every text, call and email sent from your Sub-account. You are responsible for following all laws that apply.

Texts and calls

• Get and keep records of prior express written consent before sending marketing texts or making marketing calls.
• Honor opt-outs immediately, keep an internal Do Not Call list, and check national and state registries.
• Send only between 8 a.m. and 9 p.m. in the recipient's time zone, or earlier where state law requires.
• Follow state telemarketing and registration laws.
• Never disable STOP handling or hide your identity.
• Register your own texting brand (10DLC) with true information that matches your IRS records. Carrier fees and rejections are your responsibility.

Email

• Send only to people who agreed to hear from you.
• Include your physical address and a working one-click unsubscribe link.
• Send from a dedicated domain set up with SPF, DKIM and DMARC.
• Keep spam complaints below 0.3%.

Prohibited messaging content

You may not send messages about sex, hate, alcohol, firearms, tobacco or cannabis (SHAFT-C), gambling, payday loans, debt relief, third-party lead generation or affiliate marketing. You may not use public link shorteners.

Call recording and AI voice

Recorded calls require notice to everyone on the call. Do not remove the default recording announcement. Voicemail drops and AI-voice calls require prior consent.

AI features

• Tell your customers when they are dealing with AI.
• Review AI output before relying on it. It is provided as-is.
• Never enter sensitive data or health information into AI features.
• Never use AI to make decisions with legal effects or to give professional advice.

Reviews

Ask all customers for reviews, not only happy ones. Never offer rewards for positive reviews. Never post fake or AI-written reviews.

Other rules

Do not market to people outside the US without our written agreement. We may pause phone numbers or sending if a carrier or provider limit is reached.

9.Acceptable use

In short: use the Platform lawfully and honestly. Full rules are in our Acceptable Use Policy.

You may not use the Services for:

• illegal activity, spam, fraud or impersonation;
• malware, hacking or scraping;
• sexual, hateful or violent content;
• fake reviews or privacy violations;
• gambling, payday lending or crypto-mining;
• automated decisions about credit, housing, jobs or other eligibility;
• unlicensed professional advice, weapons sales or unlawful political campaigning; or
• abuse or harassment of our staff.

We enforce these rules with a warning, then suspension, then termination. Serious violations may skip steps. See our Acceptable Use Policy.

10.Intellectual property

In short: you own your content and domain. We own our software, templates and know-how, and license them to you while you subscribe.

• You own your Client Content, contacts, brand assets and domain.
• We own the Platform and our templates, code, automations, design systems and know-how, including those used in your Website Assets.
• Your license. While you subscribe, you have a limited, revocable license to use them for your business. You may not copy, resell, reverse-engineer or use them to build a competing product.
• Feedback. If you send us ideas or suggestions, we may use them freely.
• Portfolio. We may show your completed site, business name and logo on our Our Work page and in marketing, unless you opt out in writing.

Buying out a custom build, or transferring ownership of it, requires a separate written agreement.

11.Third-party services

In short: some parts of the Services come from other companies under their own terms.

Domains

Domains are subject to the registrar's terms. If we register a domain for you, we hold it in trust for you and transfer it on request. Newly registered or transferred domains are locked for 60 days by registry rules.

Payment processing

Payment processing services for sellers on Live Free Software are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the Stripe Services Agreement). By agreeing to these Terms or continuing to operate as a seller on Live Free Software, you agree to be bound by the Stripe Services Agreement, as modified by Stripe from time to time. As a condition of Live Free Software enabling payment processing through Stripe, you agree to provide accurate and complete information about you and your business, and you authorize Live Free Software to share it and transaction information with Stripe.

Integrations

Social platforms, messaging apps and other tools you connect are governed by their own terms. We are not responsible for third-party services or their outages.

12.Copyright complaints

In short: tell us about copyright problems and we will act on them.

If you believe content on a site we host infringes your copyright, tell us. We respond to notices under the Digital Millennium Copyright Act (DMCA). Send notices to: Giles Collins, Live Free Software LLC, 1525 S Willow St, Unit 17, Manchester, NH 03103, [email protected].

We will remove infringing material and terminate repeat infringers. See our DMCA Policy for notice and counter-notice steps.

13.Accessibility

We build sites to the WCAG 2.1 AA standard on a best-efforts basis. We do not guarantee that any site meets every legal accessibility requirement. You are responsible for the accessibility of content and embeds you add.

14.Confidentiality

Each of us will keep the other's non-public business information confidential and use it only for these Terms. This duty lasts 3 years after these Terms end. Trade secrets stay protected for as long as they remain trade secrets.

15.Warranties and disclaimers

16.Limitation of liability

17.Indemnification

You will defend and indemnify Live Free Software, and its owners and staff, against third-party claims and costs arising from:

• your Client Content or Client Data;
• your texts, calls and emails, and the consent behind them;
• your breach of these Terms or of laws that apply to your business;
• any health information you submit;
• your taxes; or
• disputes with your own customers.

18.Disputes and governing law

In short: talk to us first. New Hampshire law applies.

• Talk first. Before filing a claim, email us a description of the dispute. We will both try in good faith to resolve it within 30 days.
• Law. New Hampshire law governs these Terms.
• Courts. Disputes go to the state or federal courts for Hillsborough County, New Hampshire.
• Time limit. Any claim must be brought within one year after it arises.

19.Changes to these Terms

For a material change, we will email you and show a notice in the app at least 30 days before it takes effect. You may cancel before then. Changes to fees, dispute terms or how we use data require your agreement. Each version is dated and archived on our Previous versions page.

20.General terms

• Entire agreement. These Terms and the documents they link to are the whole agreement between us.
• Assignment. You may not transfer these Terms without our written consent. We may transfer them in a merger, acquisition or sale of our business.
• Force majeure. Neither of us is liable for delays caused by events beyond our control, including outages at carriers, hosting, payment or AI providers.
• Notices. We send notices by email or in the app. Send notices to [email protected].
• Severability. If a part of these Terms is unenforceable, the rest still applies.
• No waiver. Not enforcing a right now does not waive it later.
• Relationship. We are independent contractors.
• Export. You will follow US export and sanctions laws.
• No third-party beneficiaries. Only you and we may enforce these Terms.
• Language. The English version controls.

21.Contact us

We aim to reply within 1 business day (Eastern time).

22.Change log