Terms and Conditions
Last Updated: April 4, 2025
THESE TERMS OF SERVICE GOVERN YOUR SUBSCRIPTION TO AND USE OF THE TUNEUP TECHNOLOGIES SERVICES. PLEASE READ CAREFULLY. BY CREATING AN ACCOUNT OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, ALONG WITH OUR PRIVACY POLICY (startyourtuneup.com/privacy-policy), WHICH IS INCORPORATED HEREIN. IF YOU DO NOT AGREE, DO NOT USE OUR SERVICES.
These Terms of Service (“Terms”) form a binding legal agreement between you (the “Client” or “you”), representing a small business entity, and TuneUp Technologies, a division of iFocus Labs LLC (“we,” “us,” “our”), and its officers, directors, affiliates, successors, and assigns. You represent that: (1) you are at least 18 and legally able to contract, (2) the information you provide is true and complete, and (3) you have authority to bind your business. Consult a lawyer to ensure compliance with these Terms and applicable law.We may update these Terms at any time. Changes are effective upon posting at startyourtuneup.com/terms-and-conditions. Your continued use constitutes acceptance.
1. Use of Services
1.1 Eligibility: You must be 18+ to use TuneUp Technologies Services. By accepting these Terms, you confirm eligibility. You may not use our services if you intend to compete with TuneUp Technologies.
1.2 Account Ownership: Your use requires accurate registration information. The account is owned by your business entity, and you warrant authority to bind it. Disputes over ownership will be resolved by government-issued documentation—contact support@startyourtuneup.com if needed. Accounts are non-transferable.
1.3 Intended Use: Use TuneUp Technologies Services only for lawful purposes per these Terms. You agree to:
-Maintain necessary licenses and permits.
-Ensure your employees and customers comply.
-Avoid misrepresenting our services.
-Own/control content provided (e.g., GMB logins, contacts).
-Cooperate with law enforcement or regulators.
-Not reverse engineer or modify our services.
-Prohibited Uses: Includes illegal activities, spamming, hacking, or harming the platform (see Code of Conduct, Exhibit A).
1.4 Compliance: You are solely responsible for:
-Data quality and integrity provided to us.
-Securing insurance as required.
-Complying with laws (e.g., TCPA, CCPA).
-We do not guarantee compliance—consult your lawyer.
1.5 Privacy: By using our services, you consent to data handling per our Privacy Policy, available at startyourtuneup.com/privacy-policy. You must provide your customers with a privacy policy and obtain their consent for data sharing. You warrant authority to provide customer data.
1.6 Login Credentials: You are responsible for securing your account credentials. Notify us immediately at support@startyourtuneup.com of unauthorized access. We may disable credentials at our discretion for violations.
1.7 SMS Usage and Disclosure: TuneUp Technologies Services include SMS features as part of The TuneUp, a bolt-on tech solution for small businesses.
-Types of Messages: Consumers can expect to receive transactional SMS messages, including missed call text-back notifications (e.g., “Sorry we missed your call at Joe’s Auto—text us to schedule!”) and review requests (e.g., “Thanks for visiting Joe’s Auto! Please leave us a review: [link]”).
-Message Frequency: Message frequency may vary depending on customer interactions (e.g., missed calls, completed services).
-Message and Data Rates: Message and data rates may apply, depending on your mobile carrier plan.
-Opt-Out Instructions: To stop receiving SMS messages from TuneUp Technologies, reply STOP to any message. We will process your request within 24 hours and discontinue sending messages.
-Support Instructions: For help with SMS messaging, text HELP to any message from TuneUp Technologies, or contact us at support@startyourtuneup.com. We’ll respond promptly to assist you.
-Privacy Policy: For more details on how we handle your data, including SMS opt-in data, see our Privacy Policy at startyourtuneup.com/privacy-policy.
You are responsible for all communications sent, including TCPA compliance, and obtaining customer consent (e.g., via website opt-in). We provide the platform only—you control content and timing.
1.8 Third-Party Services: You may integrate with Textgrid (for SMS messaging), GoHighLevel (GHL), Stripe, or Zapier. You grant us permission to share data for integration and warrant ownership/consent for imported data. We disclaim liability for third-party outages or actions—review their terms.
2. Payment
2.1 Fees and Billing: You agree to provide accurate billing info (name, address, credit card) and update within 10 days of changes. Fees:
-$379/month standard subscription fee, with temporary promotional rates as advertised on our website.
-Billed monthly via Stripe on your signup date.
-We’ll auto-charge your card.
2.2 Payment Issues: If payment fails, we may pause your account and contact you at support@startyourtuneup.com to update billing information. Service resumes upon successful payment.
2.3 Disputes: Notify us in writing at support@startyourtuneup.com within 30 days of the invoice date to dispute charges. Pay all fees during disputes or waive your right. Our decision is final.
2.4 Cancellations: Cancel anytime via email to support@startyourtuneup.com—effective end of billing cycle. No refunds for failure to cancel properly.
2.5 Refunds: 30-day money-back guarantee—request via support@startyourtuneup.com within 30 days. All other fees are non-refundable.
2.6 Taxes: Fees exclude taxes—you’re responsible for remitting applicable sales/use taxes. We may collect taxes if required.
2.7 Referral Program: Refer a business that stays 30+ days, get 1 free month—credited to your next bill.
3. Intellectual Property
3.1 Service Content: TuneUp Technologies Services and its content (e.g., website templates, branding) are our property, protected by copyright and trademark laws. You get a non-exclusive, revocable license to use during your subscription—no reproduction or modification without permission.
3.2 Marks: Our name and logos are trademarks—use requires written consent. Avoid misrepresentation.
3.3 User Contributions: Content you provide (e.g., contacts, GMB data) is non-confidential. You grant us a license to use it for service delivery. Warrant its legality and accuracy.
3.4 Feedback: Feedback is voluntary and non-confidential. You grant us a perpetual, royalty-free license to use it without compensation.
4. Disclaimers
TuneUp Technologies Services are provided “as-is” and “as-available” without warranties (e.g., merchantability, fitness for purpose) except as required by law. We don’t guarantee profitability, uptime, or specific results. Internet/telecom networks are insecure—we’re not liable for data loss in transit. Third-party services are at your risk.
5. Limitation of Liability
Our liability is limited to fees paid in the prior 3 months, max $1,000 (or $1,000 if using free features). We’re not liable for indirect damages (e.g., lost profits) or third-party actions. Consult local laws, as some jurisdictions may limit this exclusion.You agree to indemnify us against claims from your use, including data issues, breaches, or legal violations.
6. Termination
These Terms remain effective while you have an account. We may suspend/terminate for non-payment, illegal use, or inactivity (90+ days) without liability. Upon termination, access ceases—data retained per Privacy Policy.
7. Governing Law
These Terms are governed by Florida law. Disputes will be resolved in Tampa, FL courts.
8. Miscellaneous
-Waiver/Severability: No waiver of terms; invalid provisions are severed.
-Assignment: We may assign rights; you need our written consent.
-Entire Agreement: These Terms (with Privacy Policy) are the full agreement—amendments require our signature.
9. Contact Us
Notices to us: support@startyourtuneup.com.
Notices to you: your registered email.
Contact for support:
TuneUp Technologies
support@startyourtuneup.com
iFocus Labs LLC | TuneUp Technologies
5830 E 2ND ST STE 7000, CASPER, WY 82609
Exhibit A: Code of Conduct
Prohibited Uses include:
