Terms of Service

    Effective Date: May 7, 2026
    Last Updated: May 7, 2026
    Last Reviewed: May 7, 2026
    Next Review Due: November 7, 2026

    These Terms of Service ("Terms") are a binding legal agreement between Your System Way LLC, a limited liability company ("Your System Way," "we," "us," or "our"), and you, the individual or entity using our Services ("you," "Client," or "your"). By purchasing, accessing, or using any of our Services — or by checking the agreement box at checkout — you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

    IMPORTANT: These Terms include a binding arbitration agreement and a class action waiver in Section 22. Please read them carefully.

    1. Definitions

    • Account — your registered Your System Way user account.
    • Client Content — text, images, logos, business information, customer lists, leads, and any other materials you upload to or create within the Services.
    • Platform — the Your System Way software-as-a-service platform, including the environment we provide to you under the white-label.
    • Services — the Platform, websites we build for you, business phone numbers, SMS/MMS messaging, voice, automations, marketing tools, CRM, review tools, and any other product or service we make available to you.
    • Subscription — your recurring payment arrangement for the Services.

    2. Eligibility and Account

    You must be at least 18 years old, legally able to enter into a binding contract, and acting on behalf of a lawful business to use the Services. You agree to provide accurate information when registering and to keep your Account information current. You are responsible for all activity under your Account, including activity by your employees, contractors, and any other authorized users.

    3. Services

    We provide marketing technology, websites, automation, and related services to home service businesses. The exact features available to you depend on your Subscription plan. We may add, modify, or discontinue features from time to time. We will not materially reduce the core functionality of your Subscription without notice.

    4. Subscription Plans and Pricing

    We currently offer the following plans:

    • $97/month — fully built website, access to the Your System Way Platform (web and mobile app), a business phone number for texting and calling, CRM access, automations, remarketing, and customer review tools.

    Subscriptions are available month-to-month or as a prepaid annual commitment. Pricing is subject to change. We will give you at least 30 days' notice of any price increase, which will take effect at the start of your next billing cycle.

    5. Billing, Auto-Renewal, and Payment

    • Advance billing. All Subscription fees are billed in advance of the service period.
    • Auto-renewal. Your Subscription will automatically renew at the then-current rate at the end of each billing cycle until you cancel.
    • Payment method. Payments are processed through Stripe. By providing a payment method, you authorize us to charge it for all amounts due, including Subscription fees, usage charges, and applicable taxes.
    • Taxes. All fees are exclusive of taxes. You are responsible for any sales, use, value-added, or similar taxes other than taxes on our income.

    6. Usage-Based Charges (Rebillable Costs)

    In addition to your Subscription fee, you will incur usage-based charges for phone numbers, messaging, voice, and number intelligence services. Rates are subject to change with 30 days' notice.

    Digital wallet. You maintain a digital wallet balance for usage charges. When your wallet balance falls below the auto-top-up threshold, we will automatically charge your payment method to refill the wallet according to your selected preferences. You are responsible for monitoring your wallet and ensuring sufficient funds.

    7. No Refund Policy

    All payments to Your System Way are final and non-refundable, including Subscription fees, usage charges, and prepaid commitments. By signing up, you acknowledge that our products and Services are custom-built, immediately initiated upon payment, and non-reversible once delivery begins.

    8. No Chargebacks

    You agree not to initiate a chargeback or payment dispute for Services rendered. Filing a chargeback is a material breach of these Terms. We reserve the right to:

    1. Submit evidence of contract acceptance, Platform usage, and delivery documentation to your card issuer.
    2. Suspend or terminate your Account.
    3. Pursue recovery of the disputed amount plus all associated legal, collection, and administrative fees.

    9. Free Trials and Promotions

    We may offer free trials, discounts, or promotional pricing from time to time. During a trial, limited setup may occur for information-gathering purposes; full Services are rendered only once paid billing begins. Promotional pricing applies for the period stated and reverts to standard pricing thereafter. Discounts do not modify any other term of this agreement.

    10. Service Delivery

    Services are considered delivered and rendered once:

    1. The Client's website has been completed and made available.
    2. Platform and automation setup is finalized.

    Standard build time is 7–10 business days following receipt of your completed onboarding form. Login assistance and onboarding support may be provided but are not a prerequisite for fulfillment.

    11. Payment Failures and Suspension

    If a payment fails:

    1. We will retry payment up to 4 times over 3 weeks.
    2. If the balance remains unpaid 48 hours after the first failed attempt, your Account and Platform access may be suspended until the balance is paid.
    3. If the balance remains unpaid for 30 days, we may terminate your Account and delete or archive Client Content as described in Section 17.

    Suspension does not relieve you of the obligation to pay outstanding fees.

    12. Cancellation

    You may cancel your Subscription at any time through the Platform or by contacting support. Cancellation becomes effective at the end of the current billing cycle, and you will not be charged thereafter. Early cancellation does not entitle you to a refund of any prepaid amounts or unused portion of a prepaid term.

    13. Intellectual Property

    13.1 Our IP

    The Platform, our software, our website templates, our automations, our marketing materials, our brand, and all underlying technology and intellectual property are owned by Your System Way or our licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Platform and Services solely for your internal business purposes during your Subscription. All rights not expressly granted are reserved.

    13.2 Your Content

    You retain ownership of your Client Content. You grant us a non-exclusive, worldwide, royalty-free license to host, store, copy, transmit, display, and process Client Content as necessary to provide the Services and as permitted by our Privacy Policy.

    13.3 Websites and Domains

    Websites we build for you are provided to you under the license described in Section 13.1 and are hosted on our infrastructure. Upon termination of your Subscription, your right to use the website ends, and we are not obligated to transfer the website's source code, theme, or templates to you. You retain ownership of any custom Client Content (text, images, logos) you provided. If you registered your domain through us, ownership of the domain registration transfers to you upon request and payment of any applicable transfer fees.

    13.4 Feedback

    If you provide us with suggestions, ideas, or feedback, you grant us an unrestricted, perpetual, royalty-free license to use it without obligation to you.

    14. Acceptable Use

    You agree NOT to use the Services to:

    1. Send unsolicited messages, spam, or unlawful communications.
    2. Send messages without proper consent under the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, A2P 10DLC requirements, or applicable state laws.
    3. Violate the privacy of any individual or any state or federal privacy law.
    4. Send messages that are harassing, threatening, defamatory, fraudulent, obscene, or otherwise unlawful.
    5. Promote illegal activities or regulated industries that violate carrier policies.
    6. Reverse-engineer, decompile, or attempt to derive source code from the Platform.
    7. Resell, sublicense, or provide the Services to third parties as a service bureau without our written consent.
    8. Use the Services to compete with Your System Way or to build a competing product.
    9. Attempt to circumvent any security measures, rate limits, or technical restrictions.
    10. Upload viruses, malware, or any code intended to damage or disrupt the Services.

    We may suspend or terminate Accounts engaged in any prohibited activity.

    15. Client Compliance Obligations

    15.1 You Are Responsible for Your Own Communications

    When you use the Platform to send SMS, MMS, voice messages, or emails to your customers and prospects, you — not Your System Way — are the sender. You are solely responsible for:

    1. Obtaining valid consent from every recipient before sending any message that requires consent.
    2. Maintaining proof of consent and producing them on request.
    3. Honoring opt-out requests (STOP, UNSUBSCRIBE, etc.) immediately and on a list-wide basis.
    4. Including required disclosures (sender identity, opt-out instructions, business address) in your communications.
    5. Scrubbing against the National Do Not Call Registry and any state DNC registries before making telemarketing calls or texts.
    6. Complying with carrier rules, including A2P 10DLC registration for the campaigns you run.
    7. Complying with state privacy laws that apply to your processing of consumer data.

    15.2 Privacy and Data Protection

    If you upload personal information about consumers to the Platform, you act as the "controller" or "business" under applicable privacy laws and Your System Way acts as the "processor" or "service provider." By uploading personal information to the Platform, you represent that you have provided all required notices to data subjects, obtained all required consents, and have the legal right to upload and process the data.

    15.3 You Indemnify Us for Your Communications

    You agree to indemnify and hold Your System Way harmless from any claims, fines, penalties, or damages arising from your communications or your processing of consumer data, as further described in Section 20.

    16. Call Recording

    We record sales, onboarding, and support calls between you and Your System Way for quality assurance, training, recordkeeping, and dispute resolution. We provide a verbal notice at the start of each call. By continuing the call, you consent to being recorded. If you do not wish to be recorded, please tell us at the start of the call. See our Privacy Policy for details.

    17. Term and Termination

    17.1 Term

    These Terms begin when you accept them and continue until your Subscription is terminated.

    17.2 Termination by You

    You may cancel at any time as described in Section 12.

    17.3 Termination by Us

    We may suspend or terminate your Account and these Terms, with or without notice, if:

    1. You breach these Terms.
    2. You fail to pay amounts when due.
    3. We are required to do so by law.
    4. You engage in conduct that creates legal, regulatory, or reputational risk for us.

    17.4 Effect of Termination

    Upon termination:

    1. Your right to access and use the Services ends immediately.
    2. We will retain Client Content for 30 days following termination to allow you to export it. After 30 days, we may delete or archive Client Content. You are responsible for exporting your data before termination.
    3. Any provisions intended to survive (intellectual property, indemnification, limitation of liability, dispute resolution, governing law) will continue.

    18. SMS Terms (A2P 10DLC)

    18.1 SMS Disclosure

    By opting in to our SMS services, you agree to receive text messages related to notifications, marketing offers, account authentication (2FA), and other service-related communications. Message frequency may vary. Standard message and data rates apply according to your mobile carrier's terms.

    To opt out of SMS communications, reply STOP to any message you receive. For assistance, text HELP for support.

    18.2 Messaging Consent

    You must explicitly consent to receive messages from Your System Way. Consent may be given through our website sign-up forms, paper forms, or verbally through customer service interactions.

    18.3 Message Types and Frequency

    Messages may include alerts, reminders, promotional offers, updates, and other relevant communications. Message frequency varies based on your interactions with us and your preferences.

    18.4 Message Delivery

    Your System Way does not guarantee that messages will be delivered without delays or failures. Such issues can occur due to factors outside our control, such as network problems or device compatibility.

    18.5 Compliance

    You acknowledge that the messaging service must be used in compliance with all relevant laws, including those relating to privacy, telecommunications, and commercial communications.

    19. Disclaimers

    THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOUR SYSTEM WAY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

    WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS. WE DO NOT GUARANTEE ANY SPECIFIC RESULTS, INCLUDING NUMBER OF LEADS, SALES, REVENUE, OR SEARCH RANKINGS.

    20. Indemnification

    You agree to defend, indemnify, and hold harmless Your System Way and its officers, directors, employees, contractors, and agents from and against any third-party claims, damages, liabilities, losses, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

    1. Your use of the Services.
    2. Your Client Content.
    3. Your communications sent through the Services (including TCPA, CAN-SPAM, and CIPA claims).
    4. Your processing of personal information uploaded to the Platform.
    5. Your violation of these Terms or any law.
    6. Your violation of any third party's rights.

    We will promptly notify you of any claim subject to indemnification, and you will have control over the defense and settlement, provided that no settlement may be entered without our consent (not unreasonably withheld) if it requires us to admit fault or pay any amount.

    21. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW:

    1. NO INDIRECT DAMAGES. YOUR SYSTEM WAY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. CAP ON DIRECT DAMAGES. OUR TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100.
    3. BASIS OF THE BARGAIN. THESE LIMITATIONS APPLY REGARDLESS OF THE BASIS OF THE CLAIM (CONTRACT, TORT, STATUTE, OR OTHERWISE) AND ARE A FUNDAMENTAL PART OF THE BARGAIN BETWEEN US.

    Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the above limitations apply to the maximum extent permitted by law.

    22. Dispute Resolution; Binding Arbitration; Class Action Waiver

    PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

    22.1 Informal Resolution

    Before initiating any formal dispute, you and Your System Way agree to first attempt to resolve the dispute informally by emailing abe@yoursystemway.com with a written description of the dispute. If we cannot resolve it within 30 days, either party may proceed under this Section.

    22.2 Binding Arbitration

    You and Your System Way agree that any dispute arising out of or relating to these Terms or the Services will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place remotely or at a mutually agreed location. Judgment on the award may be entered in any court of competent jurisdiction.

    22.3 Class Action Waiver

    YOU AND YOUR SYSTEM WAY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one party's claims and may not preside over any form of representative or class proceeding.

    22.4 Carve-Outs

    Either party may bring (a) an individual action in small claims court, or (b) a court action seeking injunctive or equitable relief for infringement or misappropriation of intellectual property.

    22.5 30-Day Right to Opt Out

    You may opt out of this arbitration agreement by emailing abe@yoursystemway.com within 30 days of first accepting these Terms with the subject line "Arbitration Opt-Out." Your email must include your name, business name, and a clear statement that you want to opt out. Opting out will not affect any other provision of these Terms.

    23. Governing Law and Venue

    These Terms are governed by the laws of the State where Your System Way LLC is registered, without regard to its conflict-of-law principles. Subject to Section 22, any action that is not subject to arbitration must be brought exclusively in the state or federal courts located in that jurisdiction, and the parties consent to personal jurisdiction and venue there.

    24. Force Majeure

    Neither party will be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, government actions, internet or telecommunications failures, third-party platform outages, or labor disputes.

    25. Assignment

    You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of all or substantially all of our assets without your consent.

    26. Notices

    We may provide notices to you by email to the address on your Account, by posting in the Platform, or on our website. You may provide notices to us at abe@yoursystemway.com.

    27. Changes to These Terms

    We may modify these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on the Sites at least 30 days before the changes take effect. Your continued use of the Services after the effective date constitutes your acceptance of the updated Terms.

    28. Miscellaneous

    • Entire Agreement. These Terms (together with the Privacy Policy and any DPA or order form) are the entire agreement between you and Your System Way and supersede any prior agreements on the same subject.
    • Severability. If any provision is found unenforceable, the remaining provisions will remain in effect.
    • Waiver. Failure to enforce any right or provision is not a waiver of that right or provision.
    • No third-party beneficiaries. These Terms do not create any third-party beneficiary rights.
    • Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
    • Survival. Sections that by their nature should survive termination (including IP, indemnification, limitation of liability, dispute resolution, and governing law) will survive.
    • Headings. Section headings are for convenience only and do not affect interpretation.

    29. Consent and Agreement

    By purchasing any Services from Your System Way or checking the agreement box at checkout, you confirm that:

    1. You have read, understood, and agree to these Terms of Service.
    2. You accept our No Refund policy.
    3. You waive the right to initiate chargebacks for Services rendered.
    4. You agree to the binding arbitration agreement and class action waiver in Section 22 (subject to your right to opt out within 30 days).

    30. Contact

    Your System Way LLC
    Email: abe@yoursystemway.com
    Phone: 872-354-4379
    Web: thelistingway.com