Privacy Policy
TERMS OF SERVICE
Last Updated: August 15, 2026
These Terms of Service ("Terms") are a binding agreement between Lupstein's Inc., a Texas corporation doing business as Lupstein Systems ("Lupstein Systems," "we," "us," or "our") and the individual or business purchasing, accessing, or using our services ("Client," "you," or "your").
By purchasing, accessing, or using any Lupstein Systems service, creating an account, or checking an agreement box at checkout, you acknowledge that you have read, understood, and agree to these Terms and our Privacy Policy.
IMPORTANT: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE REVIEW SECTION 22 CAREFULLY.
1. Definitions
Account means your Lupstein Systems account and related platform access.
Client Content means text, images, logos, business information, customer lists, contacts, leads, reviews, files, and other materials provided or uploaded by you.
Platform means the Lupstein Systems software environment, including our white-labeled CRM, communication, automation, website, reputation-management, and related technology.
Services means the Platform, website services, lead capture and follow-up automations, customer review systems, previous-customer outreach, phone/SMS/email functionality, and any other services Lupstein Systems provides.
Subscription means your recurring monthly purchase of the Services.
2. Eligibility and Account Responsibility
You must be at least 18 years old, legally capable of entering into a binding agreement, and using the Services for a lawful business purpose.
You agree to provide accurate and current information and are responsible for activity conducted through your Account by you, your employees, contractors, or other authorized users.
3. Lupstein Systems Services
Our standard subscription currently includes:
A professionally built and managed business website
Access to the Lupstein Systems Platform
Lead capture and automated lead follow-up
Customer review request and follow-up automation
CRM and communication functionality necessary to operate these systems
An initial previous-customer outreach campaign as part of launch, subject to the Client having the legal right and appropriate consent to contact those customers
Features may be improved, replaced, modified, or discontinued over time. We will not intentionally remove the core functionality of an active Subscription without reasonable notice.
Search engine optimization, paid advertising management, AI agents, advanced marketing services, custom development, or other services are not included unless separately stated in writing.
4. Subscription Price
The Lupstein Systems standard Subscription is:
$297 per month
The Subscription is month-to-month unless another arrangement is expressly agreed to in writing.
We may change pricing in the future. Existing Clients will receive at least 30 days' notice before a price increase affecting their Subscription takes effect.
5. Billing, Automatic Renewal, and Authorization
Subscription fees are billed in advance for each monthly service period.
Your Subscription automatically renews each month until canceled.
Payments are processed through Stripe or another payment processor we may designate.
By providing a payment method, you authorize Lupstein Systems and its payment processors to automatically charge that payment method for:
Monthly Subscription fees
Usage-based charges
Wallet replenishments
Applicable taxes
Approved additional services
Other amounts properly due under these Terms
You are responsible for keeping a valid payment method on file.
6. Usage-Based Charges and Digital Wallet
Certain services involve additional usage-based costs that are not included in the $297 monthly Subscription fee.
These may include:
Local or toll-free phone-number rental
SMS and MMS messages
Mobile-carrier pass-through fees
Inbound and outbound voice calls
Email sending and verification
Call recording, transcription, or related telecommunications features
Phone-number intelligence and verification
A2P 10DLC registration, campaign, carrier, and compliance fees
Other third-party telecommunications or platform usage charges
These charges will be billed at the then-current rates displayed in your Platform, billing documentation, or account.
Third-party providers and telecommunications carriers may change their rates from time to time, and corresponding Client usage rates may change without modification of the $297 base Subscription price.
Digital Wallet
Your Account may maintain a digital wallet or credit balance used to pay usage-based charges.
When your wallet falls below its configured minimum balance or auto-recharge threshold, you authorize Lupstein Systems or its payment provider to automatically charge your payment method to replenish the wallet according to your Account settings.
You are responsible for monitoring usage and maintaining sufficient wallet funds.
Unused wallet balances are not cash accounts and are subject to the applicable Platform billing rules.
7. Taxes
Prices do not include applicable sales, use, excise, telecommunications, value-added, or similar taxes unless specifically stated.
You are responsible for taxes associated with your purchase or use of the Services, other than taxes imposed directly on Lupstein Systems' income.
Where legally required, we may calculate, collect, and remit applicable taxes.
8. No Refund Policy
All payments are final and non-refundable, including:
Monthly Subscription payments
Usage charges
Wallet charges
Telecommunications charges
Registration or carrier fees
Custom work
Other amounts properly charged under these Terms
Our Services involve customized setup and work that begins shortly after purchase. By subscribing, you acknowledge that website development, Platform configuration, automation setup, and other fulfillment may begin immediately and cannot necessarily be reversed.
Cancellation does not entitle you to a refund for any unused portion of the current billing period.
Nothing in this section limits any non-waivable rights you may have under applicable law.
9. Payment Disputes and Chargebacks
If you believe a charge is incorrect, you agree to contact Lupstein Systems first and give us a reasonable opportunity to investigate and resolve the issue.
You agree not to initiate an improper or fraudulent chargeback for Services that were properly authorized and rendered.
If a payment dispute or chargeback is filed, we may provide the payment processor or financial institution with evidence including:
Your acceptance of these Terms
Payment authorization
Website or Platform delivery
Account access
Communications
Login and usage records
Onboarding documentation
Other evidence demonstrating fulfillment
We may suspend or terminate an Account associated with an improper payment dispute and may pursue amounts properly owed together with lawful collection costs and fees.
10. Service Delivery and Build Timeline
Once you complete onboarding and provide the information and materials reasonably necessary for us to begin work, the approximate standard build time is 7–10 business days.
This is an estimate and not a guaranteed completion date.
Build time may be extended by:
Delayed Client responses
Missing photos, logos, content, domain access, or business information
Requested revisions
Third-party outages or approval delays
DNS or domain issues
Messaging or telecommunications compliance approvals
Other circumstances outside our reasonable control
Services are considered substantially delivered when the Client's website has been completed and made available and the applicable Platform and automation setup has been completed.
Onboarding, training, and login assistance may be provided but are not prerequisites for fulfillment.
11. Client Cooperation
You agree to provide information, approvals, account access, branding assets, customer information, and other materials reasonably required to perform the Services.
Delays caused by your failure to provide required materials do not pause billing and do not create a right to a refund.
You are responsible for reviewing information relating to your business for accuracy before or after launch and notifying us promptly of required corrections.
12. Failed Payments and Suspension
If a recurring payment fails:
We or our payment processor may retry the payment up to four times over approximately three weeks.
If the balance remains unpaid 48 hours after the first failed payment attempt, we may suspend your Account, website, Platform access, automations, communications, or other Services until payment is received.
If an amount remains unpaid for 30 days, we may terminate the Account and archive or delete Client Content in accordance with these Terms.
Suspension does not eliminate your obligation to pay outstanding amounts.
13. Cancellation
You may cancel your Subscription at any time by contacting Lupstein Systems or through any cancellation mechanism we make available within the Platform.
Cancellation becomes effective at the end of the current paid billing period.
After cancellation becomes effective:
Future Subscription charges will stop.
Your right to use the Platform and licensed website will end.
Usage charges or other outstanding balances incurred before cancellation remain payable.
No refund will be provided for the unused portion of the current billing period.
14. Intellectual Property
14.1 Lupstein Systems Property
The Platform, website templates, layouts, design systems, automations, workflows, software configurations, processes, documentation, graphics, marketing systems, and underlying intellectual property provided by Lupstein Systems or its licensors remain the property of Lupstein Systems or the applicable licensor.
During an active Subscription, you receive a limited, non-exclusive, non-transferable, revocable license to use these materials solely for your own business.
14.2 Client Content
You retain ownership of original Client Content you provide, including your:
Business name
Logos
Photographs
Videos
Original written material
Customer information
Other proprietary materials
You grant Lupstein Systems a non-exclusive license to store, copy, process, modify, transmit, and display Client Content as reasonably necessary to provide the Services.
15. Website and Domain Ownership
Website
Websites built by Lupstein Systems are provided as part of your active Subscription and are hosted within our infrastructure.
The website design, template, underlying structure, software, components, workflows, and related technology are licensed to you during your Subscription and are not sold to you outright.
When your Subscription terminates, your license to use the Lupstein Systems website ends.
We are not required to transfer:
Website source code
Templates
Themes
Automations
Platform configurations
Proprietary design elements
Other Lupstein Systems intellectual property
You continue to own Client Content that you originally supplied.
Domains
If you already own your domain, you retain ownership of it.
If Lupstein Systems registers a domain on your behalf, ownership of the domain registration may be transferred to you upon request after:
All outstanding amounts have been paid
Any applicable domain-transfer fees have been paid
Any required registrar procedures have been completed
We may manage domains on behalf of Clients for administrative convenience while the Subscription remains active.
16. Previous-Customer Outreach
Your Subscription may include an initial campaign to previous customers provided by you.
You represent and warrant that:
You lawfully obtained the customer information
You have the legal right to use and provide that information
Your intended communications comply with applicable laws
Any legally required consent has been obtained
We may decline to send or stop any campaign if we reasonably believe the customer data or messaging could violate telecommunications, privacy, carrier, anti-spam, or other applicable requirements.
We do not guarantee any particular number of reviews, responses, referrals, leads, appointments, or sales from an outreach campaign.
17. Messaging and Communications Compliance
When you use Lupstein Systems to communicate with your customers or prospects, you are responsible for your communications.
You are responsible for:
Obtaining legally required consent before calling, texting, or emailing recipients
Maintaining evidence of consent when required
Honoring STOP, unsubscribe, Do Not Call, and similar requests
Complying with TCPA, CAN-SPAM, A2P 10DLC requirements, carrier rules, and applicable federal and state laws
Providing required sender identification and disclosures
Using customer and prospect information lawfully
Maintaining any required privacy notices
Complying with applicable Do Not Call requirements
Ensuring customer lists uploaded to the Platform were lawfully obtained
You may not use our Services to send unlawful spam, deceptive communications, fraudulent promotions, harassment, or other prohibited content.
We may suspend messaging capabilities or the Account if we reasonably believe your activity creates legal, regulatory, carrier, security, or reputational risk.
18. Reviews and Reputation Management
Our review tools are intended to help Clients request genuine feedback from legitimate customers.
You may not use the Services to:
Generate fake reviews
Purchase fabricated customer reviews
Misrepresent customer experiences
Manipulate review platforms in violation of their policies
Impersonate customers
Engage in unlawful or deceptive review practices
We do not guarantee a particular review rating, number of reviews, search ranking, or other reputation outcome.
19. Lupstein Systems SMS Program
19.1 Program Description
By expressly opting in to the Lupstein Systems SMS Program, you may receive text messages from Lupstein Systems including:
Appointment confirmations and reminders
Service and account updates
Follow-up communications
Notifications
Promotional or marketing messages
Other communications relating to Lupstein Systems
Message frequency varies.
Message and data rates may apply.
Consent to receive promotional SMS messages is not a condition of purchasing Lupstein Systems services.
19.2 Opting Out
You may cancel SMS communications at any time by replying:
STOP
After receiving STOP, we may send a final confirmation that you have been unsubscribed. After that confirmation, you will no longer receive SMS messages through that messaging program unless you opt in again.
19.3 Rejoining
After opting out, you may rejoin by submitting a Lupstein Systems website form or booking form and providing SMS consent again, or through another opt-in method we make available.
Where supported, you may also text START to re-subscribe.
19.4 Help
For assistance, reply:
HELP
You may also contact Lupstein Systems at [email protected].
19.5 Carrier Disclaimer
Wireless carriers are not responsible for delayed or undelivered messages.
Message delivery is subject to your mobile carrier, network availability, device compatibility, and other circumstances outside Lupstein Systems' control.
19.6 Privacy
Information collected through our SMS program is handled according to our Privacy Policy.
Your mobile information and SMS consent will be handled according to the disclosures in that Privacy Policy.
19.7 Compliance
Our SMS program is intended to operate in accordance with applicable telecommunications laws, carrier requirements, A2P 10DLC requirements, and industry messaging standards.
20. Acceptable Use
You may not use the Services to:
Violate any law or regulation
Send spam or unlawful unsolicited communications
Commit fraud or misrepresentation
Violate intellectual-property or privacy rights
Upload malware or malicious code
Attempt unauthorized access to systems or information
Circumvent security measures or usage restrictions
Reverse-engineer proprietary elements of the Platform
Resell or sublicense the Services without our written consent
Use the Services to build or operate a competing white-label version of Lupstein Systems without permission
Engage in activity prohibited by telecommunications carriers or our technology providers
We may immediately restrict or terminate activity that violates this section.
21. Third-Party Services and Disclaimer of Results
Lupstein Systems relies on third-party technology and infrastructure that may include payment processors, telecommunications providers, domain registrars, email providers, cloud infrastructure, CRM technology, Google services, social platforms, and other vendors.
Third-party services may experience outages, delays, policy changes, suspensions, errors, or service interruptions outside our control.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW.
WE DO NOT GUARANTEE:
A specific number of leads
A particular number of reviews
Revenue or sales
Search-engine rankings
Advertising performance
Conversion rates
Uninterrupted Platform availability
Email or SMS deliverability
Any particular business result
Your results depend on many factors outside our control.
22. Dispute Resolution, Arbitration, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
22.1 Informal Resolution
Before starting formal proceedings, you and Lupstein Systems agree to make a good-faith attempt to resolve the dispute informally.
You must send written notice describing the dispute to:
The parties will have 30 days after receipt of the notice to attempt an informal resolution.
22.2 Binding Arbitration
Except for the limited exceptions below, any controversy or claim arising from or relating to these Terms or the Services will be resolved through binding individual arbitration administered by the American Arbitration Association ("AAA") under its applicable Commercial Arbitration Rules.
Unless otherwise agreed by the parties, arbitration will take place in Travis County, Texas, or remotely where permitted and mutually agreed.
Judgment on the arbitration award may be entered in any court having jurisdiction.
22.3 Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND LUPSTEIN SYSTEMS AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.
NEITHER PARTY WILL PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION.
22.4 Exceptions
Either party may:
Bring an eligible individual claim in small claims court
Seek temporary or injunctive relief from a court to protect intellectual property, confidential information, or prevent unauthorized use of the Services
22.5 Arbitration Opt-Out
You may opt out of this arbitration provision by emailing [email protected] within 30 days after first accepting these Terms.
The subject line must state:
Arbitration Opt-Out
Your notice must include your name, business name, and a clear statement that you wish to opt out of arbitration.
Opting out of arbitration does not affect the remaining provisions of these Terms.
23. Governing Law and Venue
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles, together with any applicable federal law.
Subject to Section 22, any court proceeding relating to these Terms must be brought in a court of competent jurisdiction located in Travis County, Texas, and each party consents to personal jurisdiction and venue there.
24. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Lupstein Systems, Lupstein's Inc., and their officers, employees, contractors, agents, and affiliates from third-party claims, liabilities, fines, penalties, losses, damages, and reasonable costs arising from:
Your use of the Services
Client Content
Communications sent through your Account
Your customer or prospect lists
Your violation of privacy, telemarketing, email, or telecommunications laws
Your violation of these Terms
Your infringement of another party's rights
Your unlawful or unauthorized processing of personal information
25. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUPSTEIN SYSTEMS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, OR BUSINESS INTERRUPTION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUPSTEIN SYSTEMS' TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF:
THE AMOUNT YOU PAID TO LUPSTEIN SYSTEMS DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
$100.
Some jurisdictions do not permit certain limitations of liability. Where prohibited, these limitations apply only to the maximum extent permitted by law.
26. Termination by Lupstein Systems
We may suspend or terminate your Account if:
You materially breach these Terms
You fail to pay amounts when due
Your activity violates law or carrier/platform requirements
Your activity creates material legal, regulatory, security, financial, or reputational risk
We are required to do so by law or by a third-party provider necessary to operate the Services
Upon termination, your access to the Services and licensed website may end immediately.
We may retain Client Content for approximately 30 days following termination to allow reasonable export where technically available. After that period, Client Content may be permanently deleted or archived.
You are responsible for exporting any information you need before termination.
27. Call Recording
Where permitted by law and after providing any legally required notice or obtaining required consent, Lupstein Systems may record sales, onboarding, training, and support calls for quality assurance, training, recordkeeping, and dispute resolution.
If you do not wish to participate in a recorded call, notify us when recording is disclosed.
28. Force Majeure
Lupstein Systems is not responsible for failure or delay caused by circumstances reasonably outside our control, including:
Natural disasters
Government action
War or civil disturbance
Internet or telecommunications outages
Carrier outages
Cloud or software-provider failures
Labor disruptions
Cyberattacks
Widespread infrastructure failures
Other force-majeure events
29. Assignment
You may not transfer these Terms or your Subscription without our prior written consent.
Lupstein Systems may assign these Terms in connection with a financing, merger, corporate reorganization, acquisition, or sale of substantially all of the applicable business or assets.
30. Changes to These Terms
We may update these Terms from time to time.
If a change materially affects your rights or obligations, we will provide reasonable notice through email, the Platform, or our website.
Continued use of the Services after revised Terms become effective constitutes acceptance of those Terms to the extent permitted by law.
31. Miscellaneous
These Terms, together with our Privacy Policy and any signed order form or additional written agreement, constitute the entire agreement between you and Lupstein Systems regarding the Services.
If any provision is determined to be unenforceable, the remaining provisions remain effective.
Failure to enforce a provision is not a waiver of our right to enforce it later.
The parties are independent contractors. Nothing in these Terms creates a partnership, franchise, employment relationship, fiduciary relationship, or joint venture.
Provisions concerning payment obligations, intellectual property, indemnification, limitations of liability, dispute resolution, and any provisions that logically should survive termination will survive.
32. Acceptance
By purchasing or using Lupstein Systems Services or checking an agreement box at checkout, you acknowledge that:
You have read and agree to these Terms.
You authorize recurring monthly billing until cancellation.
You understand that usage-based charges are separate from the $297 Subscription.
You understand and accept the No Refund Policy.
You understand the website is licensed as part of the Subscription and is not transferred to you upon cancellation except for Client Content and domain rights described above.
You agree to the arbitration and class-action provisions in Section 22 unless you timely opt out.
33. Contact
Lupstein's Inc. d/b/a Lupstein Systems
Texas Corporation
Website: https://lupsteinsystems.com
Email: [email protected]
For information about how we collect, use, and protect personal information, please review our Privacy Policy.