Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and GarbageCake ("FollowUpFlare," "we," "us," or "our"), the operator of the FollowUpFlare platform available at followupflare.com. GarbageCake is a sole proprietorship. These Terms govern your access to and use of the FollowUpFlare platform, including all features, APIs, SMS and email notification services, and any associated documentation or support.

By registering for an account, checking the acceptance box at signup, or otherwise accessing the Service, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

FollowUpFlare is a transactional notification platform that connects to your authorized Meta Lead Ads account via the Meta Graph API and delivers real-time SMS and email alerts to designated team members ("Recipients") when new leads are submitted through your connected Meta Lead Ad forms.

The Service is designed as a notification and routing tool only. It is not a customer relationship management (CRM) system, a data warehouse, a compliance tool, or a long-term data storage solution. Lead data is surfaced through the platform for the purpose of timely notification and claimed follow-up — not as a primary record of your business data.

What we access: FollowUpFlare only retrieves lead information that your Meta Lead Ad form is configured to collect and that you have explicitly authorized us to access through Meta's OAuth consent process. We do not access any Meta data beyond what is explicitly returned by the Meta Leads API for your connected pages and ad accounts. We have no control over, and are not responsible for, what data Meta collects from your leads or what fields you configure in your lead ad forms.

• You must be at least 18 years of age to use the Service.
• The Service is available to businesses and individuals located in the United States and its territories only.
• You must have the legal authority to bind any entity on whose behalf you are accepting these Terms.
• You must have a valid Meta Business account and properly authorized Lead Ad forms to use the core functionality of the Service.

When you create an account, you agree to provide accurate, current, and complete information, including your name, business name, email address, physical business address, and phone number. You agree to keep this information up to date.

You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately of any suspected unauthorized access to your account by emailing jake@garbagecake.com. We are not responsible for any loss or damage arising from your failure to protect your credentials.

You may not share your account credentials with third parties or allow multiple individuals to use your account under a single login. Each user must have their own account.

Credit model: FollowUpFlare operates on a prepaid credit system. One (1) credit is consumed per lead event for which at least one notification attempt is made (via SMS or email), regardless of how many Recipients receive alerts for that lead or how many notification attempts are made.

• Non-refundable: All credit purchases are final and non-refundable except where required by applicable law. Credits cannot be exchanged for cash, cash equivalents, or monetary compensation of any kind.
• No cash value: Credits represent prepaid access to FollowUpFlare's notification functionality only. They have no monetary value outside the platform, cannot be transferred between accounts, and are not redeemable for any amount of money under any circumstances.
• Revocable: Credits are a prepaid representation of platform functionality. FollowUpFlare reserves the right to cancel, forfeit, or remove credits from any account that violates these Terms, engages in abusive behavior, fraudulent activity, or misuse of the platform, without refund or compensation.
• Expiration: Credits expire 12 months from the date of your most recent credit purchase. Purchasing additional credits resets the expiration clock for your entire balance. Expired credits are forfeited without compensation.
• Balance cap: Maximum account credit balance is 1,000 credits. Purchases that would exceed this cap may be rejected.
• Auto-refill: If you enable auto-refill, you authorize us to charge your saved payment method automatically when your balance falls below your selected threshold. You may disable auto-refill at any time from your billing settings. Auto-refill charges are subject to the same non-refundable policy as all credit purchases.
• Price changes: We reserve the right to change credit pack pricing at any time. Price changes will not affect credits already purchased.
• Taxes: You are responsible for any applicable sales, use, or other taxes on your purchases. Prices displayed do not include taxes unless stated otherwise.
• Payment processor: Payments are processed by Stripe, Inc. Your payment information is governed by Stripe's terms and privacy policy. We do not store your full card number.

You are the data controller. Lead data submitted through your Meta Lead Ad forms is your customers' information, collected by your business for your business purposes. When FollowUpFlare retrieves and displays that data, we act as a data processor on your behalf. You bear full legal responsibility as the data controller for how that information is collected, used, stored, protected, and disclosed in compliance with applicable laws.

We only receive what Meta gives us. FollowUpFlare has no ability to access, modify, or control what data fields Meta collects from your leads or what information is stored within Meta's systems. We retrieve only what is returned to us by the Meta Leads API when a new lead is submitted on a form connected to your authorized account. We are not responsible for the content, accuracy, or completeness of data provided by Meta.

Sensitive data warning — read this carefully: FollowUpFlare is not designed, audited, or certified for use by businesses operating in regulated industries or handling sensitive categories of data. We strongly discourage and explicitly warn against using FollowUpFlare as any part of a data pipeline for:

• Healthcare businesses, medical providers, or any entity subject to the Health Insurance Portability and Accountability Act (HIPAA) or similar health data regulations. Lead forms for healthcare services may capture Protected Health Information (PHI), which requires specific safeguards and Business Associate Agreements we do not provide.
• Financial services, banks, investment advisors, insurance providers, or any entity subject to the Gramm-Leach-Bliley Act (GLBA), FINRA regulations, or similar financial data laws.
• Legal services firms that may receive information protected by attorney-client privilege.
• Any business collecting Social Security numbers, government IDs, financial account details, biometric data, or other categories of sensitive personal information.
• Businesses serving minors or collecting data about individuals under the age of 13.

If you operate in any of the above categories, you use FollowUpFlare at your own risk and bear sole legal and regulatory responsibility for any compliance failures. FollowUpFlare makes no representations and provides no warranties regarding compliance with HIPAA, GLBA, FINRA, or any similar regulatory framework. We will not enter into Business Associate Agreements or similar data protection agreements.

You are responsible for your lead form design. Because FollowUpFlare receives whatever data your Meta lead form collects, you are solely responsible for ensuring your lead forms do not collect data categories that are inappropriate for transmission through our platform. Do not configure lead ad forms to collect sensitive health, financial, legal, or government identification data if you connect those forms to FollowUpFlare.

Storage limits. FollowUpFlare is not a long-term storage solution. We retain a maximum of 1,000 leads per account on a rolling basis. When this limit is reached, the oldest leads are automatically and permanently deleted without notice to make room for new ones. We make no guarantee of data availability beyond 12 months from collection. You are solely responsible for maintaining your own complete and compliant records of lead data. We strongly recommend exporting lead data regularly using your own CRM or data management tools. FollowUpFlare is not liable for any loss of lead data resulting from the rolling deletion policy, account termination, service interruptions, or any other cause.

Your compliance responsibility. By using FollowUpFlare to send SMS notifications to Recipients, you represent and warrant that each Recipient has provided their express written consent to receive transactional SMS messages from your business through FollowUpFlare prior to any messages being sent to them. You are solely responsible for obtaining, maintaining, documenting, and honoring that consent in compliance with the Telephone Consumer Protection Act (TCPA), CTIA guidelines, and any other applicable federal, state, or local telecommunications laws.

FollowUpFlare provides an opt-in confirmation flow (requiring Recipients to reply YES before alerts are sent) as a technical safeguard, but this mechanism does not relieve you of your independent legal obligations to ensure proper consent exists. The fact that a Recipient completes FollowUpFlare's opt-in flow does not constitute legal advice or a guarantee of TCPA compliance.

You indemnify us for your messaging conduct. You agree to fully indemnify, defend, and hold harmless GarbageCake, its officers, employees, agents, and successors from any and all claims, penalties, fines, damages, and legal fees arising out of your failure to obtain proper consent, your violations of the TCPA or similar laws, or any SMS messages transmitted through FollowUpFlare on your behalf.

We may suspend SMS for violations. We reserve the right to immediately suspend your account's ability to send SMS messages, without notice or liability, if we receive reports of TCPA violations, spam complaints, carrier flags, or regulatory inquiries related to your account's messaging activity.

FollowUpFlare integrates with the Meta Platforms Graph API. You are responsible for maintaining your Meta Business account, your authorized pages, your lead ad forms, and your access token in good standing. You agree to comply with Meta's Terms of Service, Platform Policy, and Advertising Policies.

We are not affiliated with, endorsed by, or in partnership with Meta Platforms, Inc. Meta may change, restrict, or terminate their API at any time, which may impact FollowUpFlare's ability to deliver the Service. We are not liable for service interruptions caused by Meta API changes, outages, or access revocations.

When your Meta access token expires or is revoked, new lead data will no longer flow into FollowUpFlare until you reconnect your account. You are responsible for monitoring your connection status and reconnecting when necessary.

You agree to use FollowUpFlare only for lawful, legitimate business notification purposes. You expressly agree not to:

• Use the Service to send unsolicited, harassing, threatening, misleading, or spam messages to any person.
• Attempt to circumvent, reverse-engineer, scrape, or interfere with the platform's technical systems, APIs, or security measures.
• Use the Service to process data that you are not authorized to collect or that violates any individual's privacy rights.
• Resell, sublicense, white-label, or otherwise commercialize access to the Service without our prior written consent.
• Transmit malicious code, viruses, or any other harmful software through the platform.
• Attempt to gain unauthorized access to other users' accounts or data.
• Use the Service in a way that would trigger reporting obligations under HIPAA, GLBA, or similar regulations without appropriate safeguards in place.
• Use the Service for any purpose that constitutes false advertising, consumer fraud, or any violation of the FTC Act or similar consumer protection laws.
• Allow your account to be used by, or share lead data with, any person or entity not authorized to receive it under applicable privacy law.
• Use multiple accounts to circumvent per-account limits, restrictions, or suspensions.

Our right to terminate. FollowUpFlare reserves the right to suspend, restrict, or permanently terminate your account, with or without notice and with or without refund, at our sole discretion, for any of the following reasons:

• Violation of any provision of these Terms.
• Abusive, harassing, or threatening behavior directed at FollowUpFlare staff or other users.
• Fraudulent activity, including chargebacks filed without valid basis, payment fraud, or unauthorized account access.
• SMS messaging violations, TCPA complaints, or carrier flags related to your account's messaging traffic.
• Use of the platform in a manner that creates legal, regulatory, or reputational risk for FollowUpFlare.
• Prolonged inactivity (accounts with no login or credit activity for more than 18 months).
• Any other reason we determine, in our sole discretion, warrants suspension or termination.

Effect of termination. Upon termination of your account for any reason, your right to access the Service immediately ceases. Any unused credits are forfeited without compensation or refund. We will delete your account data within 30 days of termination, subject to any legal retention requirements.

Your right to cancel. You may close your account at any time by contacting us at jake@garbagecake.com. Voluntary account closure does not entitle you to a refund of unused credits.

During signup, you are presented with the option to receive marketing communications from FollowUpFlare, including product updates, new feature announcements, tips, and occasional promotional offers. This opt-in is voluntary and presented as an unchecked checkbox — selecting it constitutes your express consent to receive such communications.

What marketing emails look like: Marketing emails from FollowUpFlare will come from alerts@followupflare.com and will be clearly identified as product or marketing communications. They will always include an unsubscribe link.

How to opt out: You may unsubscribe from marketing emails at any time by clicking the unsubscribe link in any marketing email, or by emailing us at jake@garbagecake.com. Opting out of marketing emails does not affect transactional account notifications (receipts, low-credit warnings, security alerts), which you will continue to receive as long as your account is active.

We do not sell, rent, or share your contact information with third parties for their own marketing purposes.

FollowUpFlare and all associated software, design, trademarks, logos, content, and documentation are the exclusive property of GarbageCake. Nothing in these Terms grants you any ownership interest in the platform. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes, subject to these Terms.

You retain ownership of any data you input into the platform, including your account information and any lead data retrieved from Meta on your behalf. By using the Service, you grant GarbageCake a limited license to process, store, and transmit your data solely as necessary to provide the Service.

FollowUpFlare depends on and integrates with third-party services including Meta Platforms (lead data retrieval), Twilio (SMS delivery), Resend (email delivery), Stripe (payment processing), and Neon (database hosting). Your use of these services through FollowUpFlare is subject to their respective terms and policies. We are not responsible for the availability, reliability, or conduct of these third-party providers.

We strive to provide reliable service but do not guarantee uninterrupted or error-free availability. The Service is provided "as available." We are not liable for service disruptions, delayed notifications, or missed leads resulting from:

• Outages or API changes by Meta Platforms, Twilio, Resend, Stripe, or other third-party providers.
• Network failures, internet outages, or telecommunications disruptions.
• Scheduled or emergency maintenance.
• Events beyond our reasonable control including acts of God, natural disasters, government actions, or cyberattacks.

We do not provide service level agreements (SLAs) or uptime guarantees under these Terms.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, GARBAGECAKE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT LEAD NOTIFICATIONS WILL BE DELIVERED INSTANTANEOUSLY, COMPLETELY, OR WITHOUT DELAY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GARBAGECAKE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOST LEADS, LOSS OF DATA, LOSS OF GOODWILL, OR COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO GARBAGECAKE IN THE 30 DAYS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) TWENTY-FIVE U.S. DOLLARS ($25.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You agree to defend, indemnify, and hold harmless GarbageCake, its members, officers, employees, agents, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law, regulation, or third-party right, including TCPA; (d) any lead data you process through the platform; (e) your configuration of Meta Lead Ad forms; or (f) any claims by your leads, customers, or recipients related to data you collect, store, or share through FollowUpFlare.

Informal resolution first. Before filing any formal dispute, you agree to contact us at jake@garbagecake.com and give us 30 days to resolve the issue informally.

Binding arbitration. If we cannot resolve the dispute informally, you and GarbageCake agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service through binding arbitration administered by JAMS under its Streamlined Arbitration Rules, rather than in court. The arbitration will take place in Texas, unless both parties agree otherwise.

Class action waiver. YOU AND GARBAGECAKE EACH WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING. ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY.

Exceptions. Either party may seek injunctive or equitable relief in a court of competent jurisdiction without waiving arbitration rights.

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. To the extent any matter is not subject to arbitration under Section 18, the parties consent to the exclusive jurisdiction of the state and federal courts located in Texas.

We reserve the right to modify these Terms at any time. When we make material changes, we will update the effective date at the top of this page and, where appropriate, notify you by email. Your continued use of the Service after changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Service and close your account.

• Entire agreement: These Terms, together with the Privacy Policy and SMS Terms, constitute the entire agreement between you and GarbageCake regarding the Service and supersede all prior agreements.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
• No waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision in the future.
• Assignment: You may not assign these Terms or your account without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
• Notices: All notices to us must be sent to jake@garbagecake.com. We may provide notices to you via the email address on file for your account.

GarbageCake / FollowUpFlare
Email: jake@garbagecake.com
Web: followupflare.com