Terms of Service

Effective September 8, 2026 · Last updated September 8, 2026

These Terms govern your use of AutoCheckups, a customer follow-up service operated by Eyes Up LLC, a New Jersey limited liability company. By purchasing, accessing, or using the service, you agree to them. If you are agreeing on behalf of a business, you confirm you have authority to bind that business.

In these Terms, "we," "us," and "AutoCheckups" mean Eyes Up LLC. "You" and "Client" mean the business using the service. "Customer" means an individual whose contact information you provide to us.

1.What the service does

AutoCheckups monitors a customer list you maintain in a spreadsheet and sends follow-up messages on a schedule you choose. Messages may include check-ins, feedback surveys, and requests to leave a public review. We build the initial setup, load your customer list, and operate the system on your behalf.

The service is delivered as a managed service. It is not software you license, install, or administer. We may change how the service works internally at any time, provided the function you are paying for continues to be delivered.

2.Fees, billing, and cancellation

Pricing consists of a one-time setup fee and a recurring subscription fee, quoted to you before you pay. Your quoted price controls.
Billing is handled by Stripe. By paying, you also accept Stripe's terms for the payment itself.
Subscription fees are billed in advance and renew automatically for successive periods until cancelled.
You may cancel at any time, effective at the end of the current paid period. We do not prorate or refund partial periods.
Setup fees are earned when setup work begins and are non-refundable.
We may change pricing on 30 days' written notice, effective at your next renewal.
If a pilot or trial period is offered, its terms are stated in writing at the time of the offer and control over this section for that period only.

3.Your customer data and consent obligations

This section is the most important obligation in these Terms. Read it carefully.

Representations. You represent and warrant that, for every individual whose contact information you provide to us:

You have obtained and recorded all consents required under applicable law — including the Telephone Consumer Protection Act, the CAN-SPAM Act, and any applicable state telemarketing, anti-spam, or consumer privacy statute — for that individual to receive automated text messages and commercial email regarding your services;
Such consent was obtained through an affirmative, unbundled act by the individual and was not a condition of any purchase or service;
You maintain records sufficient to evidence each such consent, including the date, method, and exact disclosure text presented to the individual;
You have not provided, and will not provide, contact information for any individual who has revoked consent or who appears on any applicable do-not-contact registry; and
You have the right to provide the contact information to us for the purposes described in these Terms.

Ongoing duties. You will promptly remove or mark any individual who revokes consent by any means, including a verbal request made to your staff. You will not re-add an individual who has opted out. You will respond to any inquiry we forward to you about a Customer's consent within five business days.

Text messaging. We will not send text messages to any number unless a valid consent record exists for that number. We may require you to supply that record before enabling text messaging.

4.Acceptable use

You will not use the service to send, and will not direct us to send:

messages to purchased, rented, scraped, or appended contact lists;
messages unrelated to a real service relationship between you and the recipient;
content that is unlawful, deceptive, harassing, or that misrepresents who is sending it;
content offering or promoting products or services in regulated categories where you lack the required licenses;
anything that would cause us to violate the acceptable use policies of our email, messaging, or hosting providers.

You will not use the service in a way that conditions, discourages, or filters honest customer reviews. Feedback routing in the service presents every recipient with both a public review option and a private feedback option, and you will not ask us to change that.

5.How messages are sent

Messages are sent under your business name from sending infrastructure we operate. Every commercial email identifies you as the business on whose behalf it was sent, includes your physical mailing address, and includes a working unsubscribe mechanism. You are responsible for giving us an accurate mailing address and for telling us promptly if it changes.

Replies from your Customers are routed to your own inbox. We do not monitor, answer, or take responsibility for replies.

6.Service commitment

Our commitment is to process, not to outcomes: every Customer due on your schedule is contacted on schedule, and any negative feedback received is delivered to you the same day. If we fail to meet that commitment in a given month, that month's subscription fee is waived on request.

We make no promise about the number of reviews you receive, your rating, your revenue, retention, or any other business result. Nothing in our marketing, proposals, or conversations creates such a promise, and no employee or agent has authority to make one.

7.Third-party services

The service depends on providers including Google, Twilio SendGrid, Twilio, n8n, Stripe, and Netlify. Outages, policy changes, deliverability decisions, spam filtering, and account actions by those providers are outside our control. We are not liable for them, though we will make reasonable efforts to work around them or to notify you.

8.Ownership

Your customer list and your customer data remain yours. You grant us a limited licence to process that data solely to provide the service.

The service itself — including workflows, message templates, configurations, and documentation — remains ours. You receive no licence to copy, resell, or rebuild it.

9.Confidentiality

Each party will protect the other's non-public business information with at least reasonable care and will use it only to perform under these Terms. This does not apply to information that is public, independently developed, or lawfully obtained elsewhere, or to disclosures required by law.

10.Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT EVERY MESSAGE WILL BE DELIVERED.

We are not a law firm and provide no legal advice. Compliance guidance we share is offered as practical assistance only, and you remain solely responsible for your own legal compliance.

11.Indemnification

You shall indemnify, defend, and hold harmless Eyes Up LLC and its members, officers, employees, and agents from and against any and all claims, actions, demands, damages, penalties, fines, settlements, and expenses (including reasonable attorneys' fees and costs of defense) arising out of or relating to:

any breach of the representations or obligations in Section 3;
any contact information you provided for which valid consent was not obtained or had been revoked;
any content you directed us to send; or
your violation of Section 4 or of any applicable law.

We will notify you of any claim covered by this section and may participate in the defense with counsel of our choosing at our own expense. You will not settle any claim in a way that imposes an obligation or admission on us without our written consent. This section survives termination.

12.Limitation of liability

EXCEPT FOR YOUR OBLIGATIONS UNDER SECTION 11 AND YOUR PAYMENT OBLIGATIONS, NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations, in which case the limitations apply to the fullest extent permitted.

13.Suspension and termination

We may suspend or terminate messaging immediately and without notice where we reasonably believe messages are being sent without valid consent, in violation of applicable law, or in violation of carrier or provider requirements. Fees for a suspended period are not refundable.

Either party may terminate for convenience effective at the end of the current paid period, or immediately for the other party's material breach that remains uncured 10 days after written notice.

14.What happens to your data when you leave

Within 30 days of termination we will provide an export of your customer records in CSV format on request.
We will delete your customer data from active systems within 60 days of termination.
We retain consent and opt-out records as required for legal compliance, and backups persist until their ordinary expiry.
Any spreadsheet held in your own Google account remains under your control and is unaffected by termination.

15.Changes to these Terms

We may update these Terms. Material changes take effect 30 days after we post them and email the address on your account. Continuing to use the service after that date means you accept the updated Terms. If you do not, cancel before the effective date.

16.Governing law and disputes

These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-laws rules. The parties will first attempt to resolve any dispute informally by contacting each other in writing and negotiating in good faith for 30 days.

If that fails, the exclusive venue for any dispute is the state or federal courts located in New Jersey, and both parties consent to personal jurisdiction there.

EACH PARTY WAIVES ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST THE OTHER. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. ANY CLAIM MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER IT ARISES OR IT IS PERMANENTLY BARRED, EXCEPT WHERE A LONGER PERIOD IS REQUIRED BY LAW.

17.General

These Terms, together with the Privacy Policy and the Data Processing Agreement, are the entire agreement between us and supersede prior discussions. If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger or sale of the business. Neither party is liable for delays caused by events beyond its reasonable control. Notices to you go to the email on your account; notices to us go to support@checkup.autos.

18.Contact

Eyes Up LLC, d/b/a AutoCheckups
[ADD FULL MAILING ADDRESS BEFORE PUBLISHING]
support@checkup.autos
(908) 310-7143