**DRAFT — requires review by a licensed attorney before use.**
This document is a starting template, not legal advice. Do not
publish or rely on it until an attorney licensed in your
jurisdiction has reviewed and approved it.
Last updated: [EFFECTIVE DATE — fill on publication, after attorney review]
Company: PaidUp LLC, a Nevada limited liability company
("PaidUp," "we," "us"). Contact: support@paiduppro.com.
PaidUp ("the Service") is a software tool for trade businesses
(plumbers, HVAC contractors, electricians, and similar). It connects
to your accounting software (QuickBooks Online and/or Xero), detects
overdue invoices, and sends escalating email and SMS payment reminders
to your customers on your behalf. It can also generate Stripe payment
links so your customers can pay online.
PaidUp is a communication and organization tool. It is not a
collections agency, law firm, or financial advisor.
You own your customer relationships. PaidUp sends messages using
your business name, but every message goes to *your* customers about
*your* invoices. You are responsible for:
payment reminders to each recipient by email and SMS. In the
United States this generally means complying with the TCPA
(Telephone Consumer Protection Act) for text messages and
CAN-SPAM for email. If you do not have proper consent, do not
use the SMS or email features.
are responsible for ensuring your messages are truthful, do not
contain threats you will not carry out, and comply with the
Fair Debt Collection Practices Act and any applicable state
debt-collection laws.
in your connected accounting software. If that data is wrong
(wrong amounts, wrong due dates, invoices already paid), the
reminders will be wrong. Keep your books accurate.
You are responsible for activity under your account.
You agree not to:
without noting the dispute
We may suspend or terminate your account for violations, with or
without notice.
on file. Prices are in USD.
discretion. Trial terms will be communicated in writing.
retry and notify you. The Service may be suspended after
7 days of non-payment (grace period).
You may cancel at any time. Cancellation takes effect at the end
of your current billing period — you keep access until then, and
no further charges occur. There are no cancellation fees.
To cancel, use the customer portal or email support@paiduppro.com.
We may cancel your account for violation of these terms, with a
pro-rated refund at our discretion.
PaidUp sends reminders. It does not guarantee that any invoice
will be paid, in whole or in part, or within any timeframe.
Recovery depends on your customers, your invoice terms, and
factors outside our control. Do not make business decisions
assuming a specific recovery outcome.
To the maximum extent permitted by law:
express or implied, including warranties of merchantability,
fitness for a particular purpose, and non-infringement.
consequential, or punitive damages, including lost revenue from
unpaid invoices, even if advised of the possibility of such damages.
Service is limited to the amount you paid us in the 12 months
before the claim arose.
delayed, or are filtered as spam by recipients' providers.
You agree to indemnify, defend, and hold harmless PaidUp LLC, its
member, officers, and agents from and against any claims, damages,
losses, liabilities, costs, and expenses (including reasonable
attorneys' fees) arising from:
claims under the TCPA, CAN-SPAM, FDCPA, or state debt-collection
or consumer-protection laws
software
We agree to indemnify you against third-party claims that the
Service itself, as provided by us, infringes that party's
intellectual property rights.
PaidUp integrates with third-party services (QuickBooks, Xero,
Stripe, Twilio, Resend, and others). Your use of those services is
governed by their own terms. We are not responsible for their
availability, accuracy, or actions. If a third-party integration
breaks or changes, we will make reasonable efforts to restore it
but do not guarantee uninterrupted integration.
Our handling of your data is described in our Privacy Policy,
which is part of these terms. By using PaidUp, you agree to it.
We may update these terms. Material changes will be communicated
by email at least 30 days before taking effect. Continued use
after the effective date means you accept the changes.
Informal resolution first. Before filing any claim, you agree
to contact us at support@paiduppro.com and attempt to resolve the
dispute informally for at least 30 days.
Binding arbitration. If informal resolution fails, any dispute
arising from or related to the Service will be resolved by binding
individual arbitration administered by the American Arbitration
Association under its Consumer Arbitration Rules, held in Clark
County, Nevada (or by video conference by mutual agreement).
**You and PaidUp each waive the right to a jury trial and to
participate in any class, collective, or representative action.**
Exceptions. Either party may seek injunctive or equitable
relief in court for intellectual-property infringement or
unauthorized access, and either party may bring an individual
claim in small-claims court.
Opt-out. You may opt out of arbitration within 30 days of
first accepting these terms by emailing support@paiduppro.com
with the subject "Arbitration Opt-Out."
State of Nevada, without regard to conflict-of-law principles.
remaining provisions continue in full force, and the
unenforceable provision will be modified to the minimum extent
necessary to make it enforceable.
written consent. We may assign them in connection with a
merger, acquisition, or sale of assets.
Policy, are the entire agreement between you and PaidUp
regarding the Service.
Questions about these terms: support@paiduppro.com