Terms of Service

Originally effective June 19, 2026 · Last updated October 21, 2026

Customers have accepted the Bricked Up Systems Terms of Service as part of onboarding since June 19, 2026. This version replaces all earlier versions as of the date last updated above. Submitting the onboarding form, which requires you to confirm that you agree to these Terms, constitutes your acceptance of these Terms, the Privacy Policy, the Refund Policy and the Cancellation Policy, and the Company keeps a record of each submission, including the date and time it was made.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 18), A NO-REFUND POLICY (SECTION 6), AND LIMITATIONS OF LIABILITY (SECTION 15) THAT AFFECT YOUR LEGAL RIGHTS.

1. Agreement to Terms

These Terms of Service (the “Terms”) constitute a legally binding agreement between you, whether personally or on behalf of a business entity (“Customer,” “you” or “your”), and Bricked Up Systems, together with its owners, affiliates, successors and assigns (“Bricked Up Systems,” the “Company,” “we,” “us” or “our”), governing your access to and use of this website, any checkout, booking or onboarding page, and all products, software, websites, phone numbers, messaging tools, applications and related services we provide (collectively, the “Services”).

By completing a purchase, checking a box or clicking a button indicating acceptance, submitting payment information, submitting the Company's onboarding form, or accessing or using the Services, you acknowledge that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you are accepting on behalf of a business, you represent and warrant that you have authority to bind that business. If you do not agree, you must not purchase, access or use the Services.

2. Eligibility and Business Use

The Services are offered solely for business and commercial purposes and not for personal, family or household use. You represent and warrant that you are at least eighteen (18) years of age, that the information you provide is true, accurate and complete, and that you will keep it current. The Services are offered only to businesses located in the United States.

3. Description of Services

Subject to these Terms and timely payment of all fees, the Company will provide the Services included in your selected plan, which may include a website built and hosted on the Company's platform, missed-call text back, automated follow-up messaging, review requests, a referral page, a dedicated tracking telephone number, domain setup and maintenance, access to a customer relationship management application, and an onboarding or launch call. The Company may modify, enhance, replace or discontinue any feature at any time in its sole discretion, provided that the core functionality of your plan is not materially reduced during a period for which you have paid.

Estimated timelines, including any estimate that a website will be live within approximately two (2) business days, are good-faith estimates only, are not guaranteed, and depend on your timely delivery of complete onboarding information and materials.

4. Client Cooperation, Delivery and Acceptance

You shall provide, in a timely manner, all information, approvals, materials, access and cooperation reasonably required for the Company to perform the Services, including a complete onboarding form. Any delay or failure caused by you, including failure to provide materials, grant access or attend scheduled calls, shall not constitute a failure by the Company to perform and shall not entitle you to any refund, credit or extension.

The Services shall be deemed delivered upon the earliest of the following: (a) login credentials or access to your account or application are provided; (b) your website, or any preview of it, is published or shared with you; (c) any automation, tracking number or messaging feature is configured; (d) any onboarding, launch or training call is conducted or offered; or (e) any portion of the Services is otherwise completed or made available to you. Your actual access to or use of the Services is not required for delivery to occur. Deliverables are deemed accepted upon the earlier of your use of them, your written approval, or seven (7) days after delivery without written notice from you identifying a material deficiency.

If you fail to respond to the Company's communications or to provide required materials for thirty (30) consecutive days, your project shall be deemed abandoned, all fees paid shall be deemed fully earned, and the Company may, at its option, publish your website using available information, pause your account, or continue billing in accordance with these Terms until you cancel.

By submitting payment, you expressly request that the Company commence performance of the Services immediately, and you acknowledge that, once performance has begun, any statutory or other right to cancel for a refund is waived to the fullest extent permitted by applicable law.

5. Fees, Recurring Billing and Authorization

The plan is billed in advance on a recurring basis every four (4) weeks, resulting in thirteen (13) billing periods per calendar year, beginning on the date of purchase, at the price displayed at the time of purchase, unless you select a different billing interval offered by the Company. Add-ons, upgrades and one-time services are billed as stated at the time you select them.

Billing periods. For all purposes under these Terms and on the Company's website, checkout pages and invoices, the following billing intervals have the meanings below:

• “Monthly” (including prices shown as “/mo” or “a month”) means a billing period of four (4) weeks, resulting in thirteen (13) billing periods per calendar year.
• “Quarterly” means a billing period of twelve (12) weeks.
• “Semi-annual” means a billing period of twenty-four (24) weeks.
• “Annual” means a billing period of fifty-two (52) weeks. When an annual plan is offered with additional weeks at no charge (for example, “+12 weeks free”), those weeks are added to the end of the paid annual period, and the plan renews when the paid period and any additional weeks end.

BY PROVIDING A PAYMENT METHOD, YOU EXPRESSLY AUTHORIZE THE COMPANY AND ITS PAYMENT PROCESSORS TO AUTOMATICALLY CHARGE THAT PAYMENT METHOD, OR ANY UPDATED OR REPLACEMENT PAYMENT METHOD, FOR ALL FEES WHEN DUE, ON A RECURRING BASIS, WITHOUT FURTHER NOTICE OR CONSENT, UNTIL YOU CANCEL IN ACCORDANCE WITH SECTION 7. You agree that this authorization constitutes your electronic signature and written authorization for recurring charges. Fees are exclusive of taxes, which are your responsibility. The Company may change its prices upon advance notice to you, effective at the start of your next billing period.

6. No Refunds

ALL FEES AND PAYMENTS ARE FINAL, FULLY EARNED UPON PAYMENT AND NON-REFUNDABLE, IN WHOLE OR IN PART, UNDER ANY CIRCUMSTANCES, to the maximum extent permitted by applicable law. Without limitation, no refunds, credits, prorations or reversals will be issued for (a) partial or unused billing periods; (b) add-ons, upgrades, setup or one-time fees; (c) failure or delay in providing onboarding information or materials; (d) non-use or under-use of the Services; (e) dissatisfaction with design, content or performance; (f) a failure to achieve any anticipated number of leads, calls, rankings, reviews, revenue or other results; or (g) suspension or termination of the Services for breach of these Terms or non-payment. You acknowledge that the Company commences work and incurs costs immediately upon purchase.

Refunds are further governed by our Refund Policy, which is incorporated into these Terms by reference. In the event of any conflict, the provision more favorable to the Company shall control.

7. Cancellation

There is no long-term contract. You may cancel your recurring plan at any time by written notice to onboard@brickedupsystems.com received before your next billing date, and no further recurring charges will be made after cancellation becomes effective. Cancellation takes effect at the end of the then-current paid billing period, at which time your website, tracking number, application access and all other Services will be deactivated. Cancellation does not entitle you to any refund under Section 6.

Cancellation is further governed by our Cancellation Policy, which is incorporated into these Terms by reference.

8. Chargebacks and Payment Disputes

You agree to contact the Company at onboard@brickedupsystems.com to resolve any billing question before initiating a chargeback, reversal or dispute with your bank, card issuer or payment provider. Initiating a chargeback or dispute for a charge authorized under these Terms constitutes a material breach of these Terms and an immediate request to cancel. Upon notice of any chargeback or dispute, the Company may immediately suspend or terminate all Services without further notice, and you authorize the Company to submit these Terms, your acceptance records, onboarding records, communications, usage data and any other evidence to your bank, card issuer or payment processor to contest the dispute. You shall be liable for all amounts reversed, together with any chargeback fees, collection costs and reasonable attorneys' fees incurred by the Company.

You acknowledge and agree that the Company may create and maintain records of your purchase, acceptance of these Terms, onboarding submissions, emails, text messages, call and meeting recordings and transcripts, support requests, account and access logs, screenshots, timestamps and project files, and that such records may be used as evidence that the Services were ordered, delivered and accepted.

9. Late Payment, Suspension and Termination

If any payment fails or is declined and is not resolved within forty-eight (48) hours, the Company may suspend all Services, including taking your website offline and pausing your account, until all past-due amounts are paid in full. Any account that remains past due for fourteen (14) days may be deemed cancelled, and the Company may permanently delete your website, release your tracking number and remove your account data without liability. The Company may also suspend or terminate the Services immediately, with or without notice, if you breach these Terms, misuse the Services, or expose the Company, its messaging registrations or its other customers to legal, regulatory or reputational risk.

10. Website Buyout

Your website is built, hosted and operated on the Company's proprietary platform and is licensed to you for use only while your account is active and in good standing. Upon cancellation, you may elect to purchase a copy of your website (a “Buyout”) for a one-time, non-refundable fee of five hundred U.S. dollars ($500.00), provided that your account has been paid in full with no outstanding balance. Upon receipt of the Buyout fee, the Company will deliver a copy of your website's files and content and reasonably assist in transferring any domain registered on your behalf to you. Following a Buyout, you are solely responsible for hosting, maintaining, securing and updating the website, and the Company shall have no further obligation with respect to it.

A Buyout includes the website files and content only. The Company's software, platform, templates, code, automations, messaging tools, tracking number, application and all other components of the Services are not included, are not transferred, and terminate upon cancellation.

11. Intellectual Property

The Company and its licensors own and retain all right, title and interest in and to the Services, including all software, platforms, templates, designs, layouts, code, automations, workflows, copy frameworks, trademarks and know-how, and all improvements thereto. Except for the limited, revocable, non-exclusive, non-transferable license to use the Services during an active, paid subscription, no rights are granted to you, whether by implication, estoppel or otherwise. You shall not copy, resell, reverse engineer, frame, scrape or create derivative works of the Services except as expressly permitted by a completed Buyout. Without limiting the foregoing, all websites, automations, configurations and other work product created by the Company remain the sole property of the Company, and the Company may suspend access to them during any unpaid balance, chargeback or payment dispute.

If you provide the Company with any suggestions, ideas or feedback, the Company may use them for any purpose without obligation or compensation to you.

12. Customer Content and Publicity

You retain ownership of the business names, logos, photographs, text and other materials you provide (“Customer Content”). You grant the Company a worldwide, royalty-free, non-exclusive license to host, copy, modify, display and use Customer Content to provide, operate and improve the Services. You represent and warrant that you own or have all necessary rights to Customer Content and that it does not infringe or violate any third-party right or applicable law.

Unless you opt out in writing, you grant the Company the right to identify you as a customer, to display your business name, logo and website as an example of its work, and to place a credit link to the Company in your website footer.

Leads generated through your website belong to you. The Company does not sell or share your leads with other customers.

13. Messaging Compliance and Acceptable Use

You are solely responsible for all messages sent through the Services on your behalf and for obtaining and maintaining all consents required under the Telephone Consumer Protection Act, the CAN-SPAM Act, carrier requirements (including A2P 10DLC registration rules) and all other applicable laws. You shall not use the Services to send unsolicited, deceptive, harassing, illegal or prohibited content, or for any unlawful purpose. You shall indemnify the Company for any claim arising from messages sent through your account.

Texting, calling and related features are provided for normal, one-to-one business communication with your own customers and prospects. They may not be used for mass texting, cold outreach, purchased lists or bulk marketing campaigns. If your usage materially exceeds normal business use, as determined by the Company in its reasonable discretion, the Company may, after notice to you, limit such usage or charge for the excess at its then-current rates.

If you consent to receive text messages from the Company, you agree to receive account notices, reminders and occasional marketing messages. Message frequency varies. Message and data rates may apply. Reply STOP to opt out or HELP for help. Carriers are not liable for delayed or undelivered messages.

14. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND UNINTERRUPTED OR ERROR-FREE OPERATION. THE COMPANY DOES NOT WARRANT OR GUARANTEE ANY NUMBER OF LEADS, CALLS, JOBS, SEARCH ENGINE OR AI RANKINGS, REVIEWS, REVENUE OR OTHER BUSINESS RESULTS, WHICH DEPEND ON FACTORS OUTSIDE THE COMPANY'S CONTROL. ANY TESTIMONIALS OR EXAMPLES ARE NOT A PROMISE OF SIMILAR RESULTS.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA OR OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO THE COMPANY DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

16. Indemnification

You agree to defend, indemnify and hold harmless the Company and its owners, employees, contractors and agents from and against any and all claims, demands, liabilities, damages, losses, penalties, fines, costs and expenses, including reasonable attorneys' fees, arising out of or relating to (a) your use of the Services; (b) Customer Content; (c) messages sent through your account; (d) your breach of these Terms; or (e) your violation of any law or third-party right.

17. Third-Party Services and Force Majeure

The Services rely on third-party providers, including hosting, telecommunications, messaging, payment, mapping, search and CRM platforms. The Company is not responsible for the acts, omissions, outages, policy changes or security incidents of any third party. The Company shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including outages or security incidents at third-party providers, carrier filtering, acts of God, labor disputes, governmental action, internet or utility failures, or cyberattacks.

18. Dispute Resolution; Binding Arbitration; Class Action Waiver

Any dispute, claim or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Sacramento County, California. Judgment on the award may be entered in any court of competent jurisdiction. Before commencing arbitration, the parties shall attempt in good faith to resolve the dispute informally for thirty (30) days following written notice. Notwithstanding the foregoing, the Company may bring an action in small claims court or seek injunctive relief to protect its intellectual property or to collect unpaid amounts.

YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Subject to Section 18, the state and federal courts located in Sacramento County, California shall have exclusive jurisdiction, and you consent to personal jurisdiction and venue therein.

20. Electronic Communications and Signatures

You consent to receive all agreements, notices, disclosures and other communications electronically, by email to the address on your account or by posting on this website, and agree that such communications satisfy any legal requirement that they be in writing. Your electronic acceptance of these Terms has the same force and effect as a handwritten signature under the Electronic Signatures in Global and National Commerce Act and applicable state law.

21. Changes to These Terms

The Company may amend these Terms at any time by posting the revised Terms on this website and updating the date above. Amendments become effective upon posting, and your continued use of the Services after posting constitutes acceptance of the amended Terms.

22. General Provisions

These Terms, together with the Privacy Policy, Refund Policy, Cancellation Policy and any order or checkout terms you accept, constitute the entire agreement between you and the Company regarding the Services and supersede all prior or contemporaneous understandings. If any provision is held invalid or unenforceable, it shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect. The Company's failure to enforce any provision shall not constitute a waiver. You may not assign these Terms without the Company's prior written consent; the Company may assign them without restriction. Sections 4 through 6, 8, 10 through 12, and 14 through 22 survive any cancellation or termination.

23. Contact

Questions regarding these Terms shall be directed to onboard@brickedupsystems.com.