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Terms of service

Last updated: July 1, 2026

1. Introduction and acceptance

Back At You, Inc. ("Back At You" or "BAY," also "Company," "us," "we," or "our") provides the backatyou.com site and related products and services (collectively, the "Services") to you, the user or customer ("you," "your," or "Customer"), subject to these Terms of Service (the "Terms" or "TOS") and any other written agreement between us and you, including any order form or master services agreement ("MSA"). When you use particular Services, you are also subject to any posted rules for those Services, which are incorporated by reference.

You accept these Terms by registering an account, checking an "I Accept" box, or executing an order form, or by continuing to use the Services after notice of them. If you are entering into these Terms for a brokerage or enterprise, you represent that you have authority to bind that entity. If you do not agree, do not use the Services.

These Terms are effective as of the date you register. We may change these Terms from time to time. For material changes, we will provide advance notice (for example by email or in-product notice); changes apply prospectively only; and your continued use after the effective date of a change constitutes acceptance. If you do not agree to a change, you may cancel as described in Section 3. As used here, "Affiliates" includes our owners, subsidiaries, affiliated companies, officers, directors, suppliers, and partners involved in creating, producing, or delivering the Services.

2. Description of services

We deliver paid, trial, and non-paid marketing, design, website hosting, CRM, transaction, and related subscriptions ("Products") through web applications and any sites where the Products are accessible. We may modify features and functionality at our discretion and will determine whether new features require additional fees. We will provide reasonable advance notice of a material price increase or discontinuation of a Product you use, and such changes apply prospectively. Except as required by law, we will not be liable to you or any third party for a modification, price change, or discontinuation of a Product. Our Products may be referenced by their current names (Back At You Social, Back At You Websites, Back At You Office, Back At You Financial, and Design Studio) or by their former names (SocialBAY, ClientBAY, SitesBAY, and FinancialBAY); a reference to a former name in any order form, MSA, or other agreement refers to the corresponding current Product.

3. Refund policy and payments

All fees and charges are nonrefundable, and there are no refunds or credits for partially used periods. Except as noted here, all paid subscriptions and charges, including print marketing, setup, and ads, are nonrefundable after purchase and delivery. We may consider a refund where we updated your payment information and there are good reasons to believe you did not intend the update; you must notify us within 10 days of billing.

Where required by the laws applicable in your jurisdiction, you may qualify for a refund during a short period after the subscription begins.

Your services expire when your cancellation takes effect at the end of your current billing cycle, so make sure content you scheduled is noted elsewhere and that landing pages and links used on your website, newsletters, or emails are removed. When making payments and subscribing:

  1. You understand your chosen subscription and agree to these Terms and our Privacy Policy.
  2. You authorize Back At You to charge your card on file for your subscription and any authorized Meta advertising or auto-advertising on your behalf.
    1. For monthly subscriptions, because Meta advertising and lead generation take time to produce results, you agree to a minimum 90-day term and will complete it. Within the 90-day term, no refunds are allowed except as required by non-waivable law.
    2. For semi-annual or annual agreements, the service does not automatically stop at the end of the term; a written request is required if you do not wish to auto-renew.
  3. For all written requests, to discontinue your next bill you must email billing@backatyou.com at least 5 days before your bill date. If your request arrives inside that window, your card will be charged and your account will be set to close on the next bill date.
  4. Except as required by non-waivable law or as expressly stated here or in a signed enterprise agreement, there are no refunds for any aspect of the Services and all sales are final.

4. Registration data and privacy

To access the Services you must register and maintain accurate account information ("Registration Data"). The data we collect as a business is subject to our Privacy Policy. Where we process personal information on your behalf in connection with a Customer Site or your account data, we act as your service provider or processor as described in Section 5 and our Data Processing Addendum. You can manage cookie and advertising preferences at any time using the "Your Privacy Choices" link in our website footer, which opens your consent preferences.

5. Customer websites, hosted environments, and legal compliance

A. Roles and responsibility

Where we build, host, configure, or operate a consumer-facing website, property search system, or landing page for you or your agents (a "Customer Site"), you are the "business," "controller," or equivalent responsible party for that Customer Site and for the personal information, tracking data, and search criteria collected through it. Back At You acts as your service provider or processor, performing technical operations under your instructions.

B. Your compliance obligations

You are responsible for the Customer Site's content and for its legal compliance, including:

  • Publishing and maintaining a compliant privacy policy and consumer notices for the Customer Site.
  • Configuring and operating appropriate cookie consent tools, choice controls, opt-out mechanisms, and a "Do Not Sell or Share My Personal Information" or "Your Privacy Choices" control.
  • Detecting and honoring universal opt-out signals, including Global Privacy Control (GPC).
  • Complying with applicable privacy and advertising laws, including the CCPA/CPRA, other U.S. state privacy laws, Canada's PIPEDA, and Quebec's Law 25.

C. Separation of policies

We may provide platform features, an optional template privacy policy, or configuration options to help you meet these obligations, and you remain responsible for reviewing, adopting, and enabling them. Any template or default privacy policy we make available is provided as a convenience and without warranty; you are responsible for confirming it is appropriate for your business. Our corporate Privacy Policy governs only information we collect and control as a business and does not serve as, replace, or satisfy the Customer Site's own privacy notice obligations.

6. Third-party integrations and customer-injected custom scripts

A. Responsibility for custom code

The platform lets you connect third-party integrations and add custom code to the header or footer of your Customer Site. You are solely responsible for any third-party scripts, web beacons, tracking pixels, tags, or analytics you add to your Customer Site through custom-code fields, layout configurations, or third-party tag managers. You acknowledge that these customer-added technologies operate outside our baseline platform consent controls.

B. Your representations

By adding or connecting any custom script, tag, or tracking mechanism, you represent and warrant that your deployment complies with applicable privacy, electronic-monitoring, wiretapping, advertising, and consumer-protection laws, including that you:

  • Obtain any required opt-in consent for profiling or cross-context behavioral advertising for visitors from jurisdictions that require it, including Quebec and the European Union.
  • Ensure the custom script respects consumer opt-out instructions and universal signals such as GPC.
  • Assume responsibility for the legal and regulatory risk associated with those customer-added technologies.

C. Our right to deactivate

We may, but are not obligated to, review, audit, block, or disable any customer-added script, tag, or pixel that we determine, in our reasonable judgment, creates a security, performance, legal, or regulatory risk to our hosting environment. Exercising or not exercising this right does not make us responsible for the customer-added technology.

7. Data protection and Data Processing Addendum

To the extent we process personal information on your behalf as a service provider or processor, we do so only to provide the Services and in accordance with your documented instructions. Our processing is governed by our Data Processing Addendum ("DPA"), which is incorporated by reference into these Terms and is available at backatyou.com/dpa. The DPA describes our processor commitments under applicable privacy laws, our subprocessors, and our security standards. Our current subprocessor list is available at backatyou.com/subprocessors.

8. Website conduct

Your use of the Services is subject to all applicable laws, and you are solely responsible for your communications. You agree not to create, upload, share, post, or distribute any content that:

  1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of privacy, tortious, sexually explicit, or otherwise violates our rules;
  2. victimizes, harasses, degrades, or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  3. infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right;
  4. constitutes unauthorized or unsolicited texting, advertising, junk or bulk email ("spamming"), chain letters, or any unlawful lottery or gambling;
  5. contains viruses or code designed to disrupt, damage, or limit software, hardware, or telecommunications, or to gain unauthorized access to data; or
  6. impersonates any person or entity, including our employees or representatives.

We neither endorse nor assume liability for content submitted by users. We generally do not pre-screen content, but we may remove any content that, in our judgment, violates these Terms or is harmful, objectionable, or inaccurate, and you waive any claim arising from such removal. You may not use your account to breach the security of another account or network. We may terminate your account for violations, and we will cooperate with law enforcement investigations of security violations.

9. A2P SMS messaging

Back At You does not provide, initiate, or control SMS messaging services. We act solely as a technology facilitator that lets you connect with third-party messaging providers (such as Twilio, Telnyx, and Plivo) ("Messaging Providers"). By enabling SMS messaging through our platform, you acknowledge and agree:

  1. Our limited role and no liability. We are not the sender, provider, or intermediary of SMS messages. All SMS messages sent through our platform are the responsibility of you and your chosen Messaging Provider. We do not monitor or verify content, recipients, frequency, or compliance. You assume all risk and liability, and we are not liable for penalties or claims, including under the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, CTIA guidelines, or other applicable laws.
  2. Your obligations. You must obtain prior express written consent from recipients before sending SMS, clearly disclose that recipients are agreeing to receive texts, provide an easy opt-out, avoid unsolicited or spam messaging, comply with carrier restrictions, include a clear opt-out mechanism (for example "Reply STOP to unsubscribe") in every message, and immediately honor opt-out requests. You agree to indemnify and hold Back At You harmless from claims arising from your SMS activities.
  3. Third-party provider terms. Each Messaging Provider is an independent third party with its own terms (for Twilio, twilio.com/en-us/legal/tos). We do not endorse or guarantee any provider and are not responsible for outages, message failures, delivery delays, or carrier rejections. Delivery is not guaranteed.
  4. Acknowledgment. You accept full responsibility for all SMS messages sent using third-party Messaging Providers and waive claims against Back At You arising from that use.

10. Back At You messaging consent

By creating an account or using our platform, you consent to receive SMS and other electronic messages from us, including account notifications and security alerts, product updates and promotional offers, and customer support and operational messages. You may opt out of promotional SMS by replying "STOP"; you may still receive essential account messages. We do not currently charge for SMS, but standard carrier rates may apply.

11. Email marketing (CAN-SPAM and CASL)

If you use the platform to send email to clients, prospects, or third parties, you represent and warrant that all such email complies with the U.S. CAN-SPAM Act and Canada's Anti-Spam Legislation (CASL). You agree that:

  • Source integrity. You will not send to addresses obtained by scraping, harvesting, or purchased or rented lists. All recipients must have an established business relationship with you or have provided consent.
  • Transparency. Every email must have accurate headers and routing, a non-deceptive subject line, clear brokerage identification, and a valid physical postal address.
  • Functional opt-out. Every email must include a working unsubscribe mechanism, and you must honor opt-outs within 10 business days at no cost.
  • Monitoring. We may monitor outbound email metrics and may suspend or terminate email privileges if your bounce rates, spam complaints, or spam-trap hits exceed industry thresholds.

12. Virtual phone numbers and telephony

To the extent the Services let you provision or use virtual phone numbers for call tracking, routing, texting, or voice, you acknowledge and agree:

  • No 911 or emergency calling. Virtual phone numbers do not support or route calls to 911, emergency services, or public safety answering points. You will maintain alternative means to reach emergency services and will never represent these numbers as a replacement for traditional telephone service.
  • Call recording and wiretapping compliance. The platform may let you record or monitor calls. Recording laws vary, and many states require consent of all parties before recording. You assume sole responsibility for complying with all recording and wiretapping laws, including the California Invasion of Privacy Act, will deploy any required disclosures or tones (for example "This call is recorded"), and will indemnify Back At You against wiretapping claims arising from your recorded lines.
  • No ownership; reclamation. You do not own the virtual numbers assigned to your account; they are leased through third-party carriers. We may reclaim, recycle, or reassign a number if your account is past due or suspended, your subscription ends, or the number is unused for more than 90 continuous days. We disclaim liability for business or marketing loss from reclamation.
  • Regulatory registration (KYC / STIR/SHAKEN). Carriers require registration to combat spam, including Know Your Customer verification and STIR/SHAKEN call authentication. You will promptly provide accurate business documentation required to register your lines. We may disable telephony if your lines are flagged by carriers as spam or fraudulent.

13. Lead generation disclaimer

Back At You provides lead generation tools ("Leads"). By using them, you acknowledge and agree:

  1. No guarantee of quality, accuracy, or conversion. Leads are provided "as is." We do not guarantee accuracy, completeness, quality, validity, conversion, or engagement, and we do not verify the identity, intent, or interest of any Lead. Some Leads may contain incorrect or outdated information.
  2. No resale or third-party sharing. We do not sell, rent, or distribute Leads to third parties. Leads are for your use only and may not be resold or transferred without permission.
  3. Your responsibility and compliance. You are solely responsible for engaging Leads lawfully, including under the TCPA, one-to-one SMS consent requirements, the CAN-SPAM Act, applicable state and federal privacy and solicitation laws, and local real estate and marketing rules. You are responsible for verifying each Lead before engaging.
  4. Limitation and disclaimer. Leads are provided without warranties of any kind. We are not liable for any direct, indirect, incidental, consequential, or special damages arising from the use of or inability to convert Leads, or from inaccuracies in Lead information. Your use of Leads is at your own risk.
  5. Acknowledgment. You accept full responsibility for engaging with Leads and waive claims against Back At You related to their use.

14. User-generated content and intellectual property compliance

Back At You provides tools that let you create and distribute content, including social posts, ads, emails, campaigns, website content, design assets, and lead-generation materials ("User-Generated Content" or "UGC"). You agree that:

  1. You are solely responsible for all content you create, upload, publish, or share.
  2. You must not infringe or misappropriate any copyright, trademark, patent, trade secret, publicity, privacy, or other rights.
  3. You must obtain all necessary rights, permissions, and licenses before using protected materials.
  4. Your content must comply with applicable laws, including intellectual property, advertising, consumer protection, and data privacy laws.

If we receive a valid DMCA notice or other legal request, we may remove infringing content and suspend or terminate repeat infringers. We do not claim ownership of your UGC. You grant Back At You a non-exclusive, worldwide, royalty-free, sublicensable license to store, display, reproduce, modify, and distribute your content as needed to provide the Services. We do not review or endorse UGC and are not liable for it, and you assume full legal responsibility for claims related to your UGC. You agree to indemnify Back At You from claims arising from your use of protected content without authorization, from claims of defamation, false advertising, privacy violations, or IP infringement related to your content, and from third-party disputes involving your content.

15. Artificial intelligence features

The platform may offer features driven by artificial intelligence, machine learning, or generative models ("AI Features") that help you draft listing descriptions, marketing text, design suggestions, or CRM messaging. Your use of AI Features is governed by our separate AI Product Terms, which are incorporated by reference into these Terms. Without limiting those terms, all AI output is provided on an "as is" and "with all faults" basis; we make no warranty as to accuracy, completeness, non-infringement, or fitness; you have a non-delegable duty to review and verify AI output before publishing or using it; and you assume responsibility for your use of AI output, including Fair Housing and advertising compliance.

16. Intellectual property information

"Content" means any information, data, communications, software, photos, video, graphics, music, and sounds, and the entire contents of the Services are copyrighted as a collective work under U.S. copyright law. All content on this site is protected by copyright, trademark, service marks, patents, or other rights and is the property of Back At You, Inc. or its Affiliates or content providers. Except for a single copy for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content without our prior written permission. All custom graphics, icons, logos, and service names are marks of Back At You, Inc. or its Affiliates. Nothing in these Terms grants you a right to use any Back At You mark.

17. Unauthorized use of materials and DMCA designated agent

Any communication or material you transmit to the site is treated as non-confidential and non-proprietary. Please do not submit confidential or proprietary information or unsolicited ideas. We respect intellectual property and ask you to do the same. If you believe your copyright, trademark, or other rights have been infringed by content on the site, send a notice to our Designated Agent that:

  1. identifies the copyrighted work you believe is infringed;
  2. identifies the material you claim is infringing;
  3. provides information sufficient for us to contact you (email preferred);
  4. provides information sufficient for us to notify the owner or administrator of the allegedly infringing content;
  5. includes the statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.";
  6. includes the statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.";
  7. is signed; and
  8. is sent to the address below.

Designated Agent for Claimed Infringement: Copyright Agent, Back At You, Inc., 16501 Ventura Blvd, Suite 400, Encino, CA 91436. Phone: 866-200-0676. Email: legal@backatyou.com. Upon receipt of a notice, we may remove the identified materials without liability, and claims will be handled as provided under the Digital Millennium Copyright Act.

18. Disclaimer of warranties

ALL MATERIALS AND SERVICES, INCLUDING WEBSITE HOSTING, CRM AND TRANSACTION TOOLS, AI FEATURES, AND ALL PROMOTIONAL DIGITAL ASSETS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) RESULTS FROM USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION WILL MEET YOUR EXPECTATIONS.

This site could include technical, typographical, or other errors. We may change materials and Services, including prices and descriptions, at any time without notice, and we make no commitment to update them. Use of the Services and any download is at your own risk, and you are responsible for any damage to your systems or loss of data. Temporary interruptions may occur, and we have no control over third-party networks. We may interrupt the Services for maintenance or operational reasons without compensation, and you release and agree to defend, indemnify, and hold harmless Back At You and its Affiliates from claims arising from such interruptions. Some states do not allow the exclusion of certain warranties, so some limitations may not apply to you.

19. Limitation of liability

EXCEPT WHERE PROHIBITED BY LAW, THE TOTAL AGGREGATE LIABILITY OF BACK AT YOU, INC. AND ITS AFFILIATES, OFFICERS, DIRECTORS, AND EMPLOYEES ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO US IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF USE, DATA, PROFITS, REVENUE, COMMISSIONS, OR BUSINESS REPUTATION, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES.

The foregoing cap and exclusions do not limit (a) your payment obligations, (b) your indemnification obligations under Section 20, (c) either party's liability for breach of Section 21 (Confidentiality), or (d) either party's liability for infringement or misappropriation of the other's intellectual property. These carve-outs are intended to match the carve-outs in any signed MSA; if an MSA and these Terms differ on a carve-out, the MSA controls. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above may not apply to you.

20. Indemnification

You agree to defend, indemnify, and hold harmless Back At You, its Affiliates, officers, directors, owners, and employees from all liabilities, claims, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to:

  1. your use or misuse of the Services or hosting infrastructure;
  2. any violation by you, your staff, or your agents of applicable privacy, electronic-monitoring, wiretapping, consumer-protection, advertising, or communications laws (including CAN-SPAM, CASL, and the TCPA);
  3. any consumer, data-subject, or class claim against Back At You arising from the content, data practices, privacy notices, or consent configuration of your Customer Site;
  4. any privacy, wiretapping, or pen-register claim (including under the California Invasion of Privacy Act), data breach, or security incident arising from a third-party script, pixel, tag, or custom code you or your representatives added to a hosted environment;
  5. your configuration or use of SMS or email campaigns, virtual telephony, or AI Features, including unverified AI output; and
  6. your content, including claims of infringement, defamation, false advertising, or privacy violation.

We may, at our expense, assume the exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with us. Back At You's own indemnification obligations to you, if any, are limited to those expressly stated in a signed MSA or order form; these Terms do not create any indemnity running from Back At You to you.

21. Confidentiality

"Confidential Information" means business or technical information, including product plans, designs, source code, marketing plans, business opportunities, personnel, research, development, or know-how relating to the Company's Services or the Customer's business. It excludes information that is public through no fault of the receiving party, is rightfully received from a third party, or is independently developed. Each party agrees not to use the other's Confidential Information except to perform under these Terms and not to disclose it without consent, except as necessary to perform or as required by law (with advance notice where permitted). Each party is responsible for its personnel's compliance.

22. International use

Although the site may be accessible worldwide, we make no representation that materials are appropriate or available outside the United States. Those who access the site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer of any product, service, or information is void where prohibited.

23. Termination

We may, in our discretion, terminate or suspend your access to all or part of the Services with or without notice for any reason, including breach of these Terms. Suspected fraudulent, abusive, or illegal activity may be grounds for termination and referral to law enforcement. On termination, your right to use the Services ceases, and we may deactivate or delete your account and related files. We are not liable for claims arising from termination or suspension.

24. Dispute resolution: binding arbitration and class-action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, REQUIRES INDIVIDUAL ARBITRATION FOR MOST DISPUTES, AND WAIVES CLASS ACTIONS AND JURY TRIALS.

A. Agreement to arbitrate

You and Back At You agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, the platform, AI Features, billing, account cancellation, or data interactions will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, or its Consumer Arbitration Rules and Mass Arbitration Supplementary Rules where those apply. The seat and venue of arbitration is Los Angeles County, California. Except as stated in subsection B for the class-action waiver, questions of arbitrability, including the formation, scope, and enforceability of this arbitration agreement, are delegated to the arbitrator.

B. Class-action and jury-trial waiver

You and Back At You agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, representative, or collective proceeding. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding. A court, not an arbitrator, decides whether this class-action waiver is enforceable. The class-action waiver is non-severable from the agreement to arbitrate: if it is found unenforceable as to a claim seeking class or representative relief, then the agreement to arbitrate does not apply to that claim, that claim proceeds in court, and all other claims remain in arbitration. To the extent any claim proceeds in court, you and Back At You waive any right to a trial by jury to the fullest extent permitted by law. You acknowledge that a pre-dispute jury waiver may not be enforceable in California courts, in which case the parties agree to resolve the matter by general reference under California Code of Civil Procedure section 638.

C. Informal resolution first

Before starting arbitration, the initiating party must send a written notice of dispute describing the claim and the relief sought (to Back At You at Attn: Legal & Compliance, 16501 Ventura Blvd, Suite 400, Encino, CA 91436). The parties will try in good faith to resolve the dispute for 60 days before either may start arbitration.

D. Mass-filing (batching) protocol

If 25 or more similar arbitration demands are filed by or with the coordination of the same or coordinated counsel within a 90-day window, the demands will be administered under the AAA Mass Arbitration Supplementary Rules and AAA's mass-arbitration fee schedule. In addition, the parties may agree, or the AAA process administrator or a process arbitrator may direct, that demands proceed in sequential batches with a single arbitrator per batch. Fee obligations follow the applicable AAA rules and apply to both parties on a reciprocal basis, and each batch will be resolved within a reasonable time so claims are not indefinitely delayed. The statute of limitations for staged claims is tolled during this process. A court of competent jurisdiction may enforce this subsection.

E. Carve-outs

Either party may (1) bring an individual claim in small-claims court if it qualifies, and (2) seek provisional or injunctive relief in a court of competent jurisdiction to preserve the status quo or protect its rights, including its confidential information and intellectual property, pending arbitration. This carve-out is available to both parties equally.

F. Opt-out

You may opt out of this arbitration agreement by emailing legal@backatyou.com within 30 days of first accepting these Terms, stating your name, account, and intent to opt out. Opting out does not affect the other provisions of these Terms.

25. Governing law and venue

These Terms are governed by the laws of the State of California without reference to conflict-of-law principles. Subject to Section 24, the parties consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California for any matter not subject to arbitration (including actions to compel arbitration or for injunctive relief).

26. Links to other services

You access third-party linked services at your own risk. Linked services are not under our control, and we are not responsible for their contents. A link does not imply endorsement or affiliation. You acknowledge that you are bound by each linked service's terms and policies and are responsible for reviewing and accepting them. Selected linked services include Facebook, X, Instagram, LinkedIn, YouTube, TikTok, Google, and Unsplash, among others. You are responsible for tracking, refreshing, and monitoring any third-party credentials. Linked services may modify their features, and we are not responsible for disruptions caused by those modifications. We disclaim responsibility for errors that are solely the issue of a linked service.

27. Meta platform terms

Meta requires that Back At You notify you of, and require you to agree to, the following in connection with your use of the Meta platform:

  1. Introduction. These terms apply to your installation and use of applications that use the Meta Platform to access information available from facebook.com (the "Meta Site") or to retrieve authorized data for use on the Meta Site ("Platform Applications"). The "Meta Platform" is a set of APIs and services provided by Meta. The Meta Platform does not give developers access to your email address, personal website, instant messenger ID, telephone number, or street address ("Contact Information"). Meta discloses Contact Information only in accordance with the Meta Privacy Policy.
  2. Consent regarding use of Meta Site information. To let you use Platform Applications, Meta may provide developers access to information visible to you on the Meta Site (excluding Contact Information) and the user ID associated with your profile. You may revoke or modify this permission through your privacy settings. Meta requires each developer to enter a Developer Agreement that limits their collection, use, and storage of Meta Site information, but Meta cannot guarantee developer compliance and does not assume liability for developer actions.
  3. Use of Third-Party Platforms (Meta). Our application and platform integrations are independent of Meta. While our application connects to Meta's platform, it is not endorsed by Meta, and your use of these integrations is at your own risk. By using these features, you agree to comply with the Meta Terms of Service, including all applicable disclaimers and limitations of liability. Meta and its developers own all rights in the Meta platform and its applications, and you agree not to remove any proprietary notices or attempt to reverse engineer any Meta application or API.
  4. ALL PLATFORM APPLICATIONS ARE PROVIDED "AS IS," WITH NO WARRANTIES. META DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES REGARDING RELIABILITY, TIMELINESS, AVAILABILITY, OR PERFORMANCE. YOU USE PLATFORM APPLICATIONS AT YOUR OWN RISK.
  5. RELEASE. YOU RELEASE AND HOLD HARMLESS META AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND REPRESENTATIVES FROM ANY CLAIMS AND DAMAGES ARISING OUT OF (A) YOUR USE OF ANY META OR DEVELOPER APPLICATIONS, (B) DELIVERY OF ANY INFORMATION BY META TO ANY DEVELOPER, OR (C) ANY USE BY A DEVELOPER OF ANY INFORMATION.

28. Notices

Notices to a party must be in writing, by email or conventional mail. Notices to us go to the Legal Department at legal@backatyou.com, or Back At You, Inc., 16501 Ventura Blvd, Suite 400, Encino, CA 91436. Notices to you may be sent to the address in your Registration Data. We may also broadcast notices through the site, which constitute notice when sent.

29. Entire agreement

These Terms, together with your order forms, our DPA, the AI Product Terms, and any other policies incorporated by reference, are the entire agreement between us concerning their subject matter and supersede prior agreements. These Terms may not be altered except by a written agreement signed by you and us. To the extent anything associated with the site conflicts with these Terms, these Terms control, except that the DPA controls for the processing of Customer Data and the AI Product Terms control for AI-specific matters. If these Terms conflict with a signed MSA, the MSA controls for the subject matter it covers.

30. Miscellaneous

In any action to enforce these Terms, the prevailing party is entitled to costs and attorneys' fees, except where a statute provides a one-way fee right that cannot be waived. Except for claims that cannot be contractually shortened, any cause of action arising out of or relating to these Terms or the Services must be started within one year after it arises or is permanently barred; this limit applies equally to both parties and is tolled during the informal-resolution and batching periods in Section 24. You may not assign your rights or obligations without our consent, and any attempt to do so is void; we may freely assign. You may not resell, reproduce, or use any part of the site for commercial purposes. We are excused from liability for non-delivery or delay arising from any event beyond our reasonable control, including labor disturbance, war, fire, accident, weather, transportation failures, and governmental acts. If any part of these Terms is held invalid, the rest remains in effect. Our failure to enforce any provision is not a waiver.

31. Pricing and enterprise accounts

Back At You charges for its software services; for pricing see backatyou.com. If you are a non-paying user who is part of a paying enterprise account, any pricing incentives extended to you as part of that account terminate immediately if you are removed from the enterprise account for any reason, whether by voluntary or involuntary departure.

32. Contact information

Except as noted, the Services are offered by Back At You, Inc., located at 16501 Ventura Blvd, Suite 400, Encino, CA 91436. Telephone: 866-200-0676. To report a violation of these Terms, contact legal@backatyou.com. You can manage your cookie and advertising preferences at any time using the "Your Privacy Choices" link in our website footer, which opens your consent preferences.