These Terms of Service ("Terms") govern your use of FolioLive™ and all related products and services (collectively, the "Platform"). By creating an account or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.
1. Eligibility
You must be at least 18 years of age to use FolioLive. By using the Platform, you represent that you are legally able to enter into binding contracts and that all information you provide is accurate and complete.
2. Accounts
You are responsible for maintaining the security of your account credentials. You agree to notify us immediately of any unauthorized access. We are not liable for losses resulting from unauthorized use of your account.
You may not share, transfer, or sell your account. Each account represents one individual or one business entity.
3. Subscriptions & Billing
All paid plans are billed annually. There are no monthly billing options.
Payments are processed through Stripe. By subscribing, you authorize recurring annual charges to your payment method.
Prices are listed in U.S. dollars and are subject to change with 30 days' notice.
Refunds are not provided for partial subscription periods. If you cancel, your access continues until the end of the current billing period.
SMS Credits
SMS credits are purchased separately as add-on bundles and do not expire.
Both inbound and outbound messages consume credits. Multi-segment messages consume one credit per 160-character segment.
Credits are non-refundable once purchased.
Voice Minutes (FolioSense Receptionist™)
Voice minutes are purchased separately as add-on bundles for the AI Receptionist and callback features.
Usage is billed in 30-second increments, rounded up.
Minutes are non-refundable once purchased.
AI Scan Credits (FolioScan™)
FolioScan credits are included with paid plans and allocated monthly.
Unused credits roll over to the next month up to one times the monthly allocation (two times total maximum balance).
On downgrade, credit balance resets to the new tier's cap. Credits reset at annual renewal.
Pricing Changes
Subscription tier pricing is locked for the duration of your annual term. Price changes, if any, take effect at the next renewal and are communicated at least 30 days in advance.
Add-on pricing (SMS credit bundles, voice minute bundles) may be adjusted with 30 days' written notice to reflect changes in underlying third-party provider costs (telephony, messaging, AI processing).
Telephony features (Shield Phone number provisioning, call forwarding) are included in eligible tiers at no additional per-unit charge. FolioLive absorbs third-party telephony infrastructure costs within tier pricing.
Platform fees on transactions (Section 4) are fixed by tier and do not change mid-term.
4. Platform Fees
For transactions processed through Stripe Connect on the Platform, FolioLive charges a platform fee based on your subscription tier:
Basic: 3%
Basic+: 1.5%
Pro: 1%
Stripe's own processing fees (2.9% + $0.30 per transaction) apply in addition. If you use an external payment processor (Square, PayPal, etc.), no FolioLive platform fee is charged, but you lose unified sales reporting and auto-mark-sold functionality.
5. Acceptable Use
You may not use FolioLive for any illegal activity, to distribute prohibited or harmful content, or in any way that violates applicable local, state, federal, or international laws and regulations.
Without limiting the foregoing, you agree not to use the Platform to:
Violate any applicable law, regulation, or third-party rights
Send unsolicited marketing messages, spam, or promotional blasts through Shield Phone or any messaging feature
List counterfeit, stolen, illegal, or hazardous items for sale
Misrepresent item condition, provenance, or pricing to deceive buyers
Harass, abuse, or threaten other users
Attempt to circumvent tier limits, credit systems, or security measures
Use automated bots, scrapers, or scripts to access the Platform without permission
Resell, sublicense, or redistribute Platform access to third parties
We reserve the right to suspend or terminate accounts that violate these rules without notice or refund.
Fair Use
Features described as "unlimited" (catalog items, sale events, QR tokens, event duration) are subject to a fair use policy. Usage exceeding three times the median across all users of the same tier may be reviewed and throttled.
6. Marketplace & Transactions
Seller Responsibilities
Sellers are responsible for the accuracy of their listings, pricing, and item descriptions.
Sellers are responsible for collecting and remitting applicable sales tax. FolioLive does not act as a marketplace facilitator for tax purposes at this time.
Sellers must honor accepted bids, bookings, and deposits as described in their listing terms.
Buyer Responsibilities
Buyers acknowledge that items sold through FolioLive are sold as-is unless otherwise stated by the seller.
Buyers are responsible for arranging pickup or delivery as agreed with the seller.
By placing a bid or making a deposit, buyers authorize the associated Stripe charge as described at checkout.
Deposits & Cancellations
Deposits are non-refundable in the event of buyer no-show, unless otherwise specified by the seller's cancellation policy.
Bid deposits are authorized (card hold) at bid time and captured only if the bid wins. Losing bids are automatically released.
Service booking cancellations follow the seller's stated cancellation policy, which is displayed at checkout.
FolioLive is not a party to transactions. We provide the platform for buyers and sellers to connect. We do not own, inspect, or guarantee any items or services listed. Disputes between buyers and sellers should be resolved directly between the parties.
7. FolioShield™ & Masked Communication
Shield Phone numbers and email aliases are provided for privacy-safe communication between you and your buyers/leads.
You agree not to use masked communication features to harass, deceive, or defraud any person.
Shield Phone numbers are provisioned through Twilio and are subject to Twilio's Acceptable Use Policy.
We reserve the right to disable Shield Phone access if usage violates these Terms, Twilio's policies, or applicable law.
8. AI Features
The Platform uses AI (including FolioScan™, FolioSense™ message analysis, and FolioSense Receptionist) to assist with item identification, pricing suggestions, message triage, and call handling.
AI outputs are suggestions, not guarantees. You are responsible for reviewing and verifying all AI-generated content, pricing estimates, and recommended actions.
AI-generated price estimates are not appraisals. They are suggested starting prices based on available data.
The FolioSense Receptionist will disclose that it is an AI when asked. It will not quote prices not in your catalog, confirm unbooked appointments, or process payments.
We are not liable for decisions made based on AI-generated content.
9. Intellectual Property
The Platform, its design, code, branding, and all associated product names are owned by FolioLive and protected by applicable intellectual property laws.
You retain ownership of all content you upload (images, documents, listings, catalog data). By uploading content, you grant FolioLive a non-exclusive, worldwide license to display, store, and process that content as necessary to operate the Platform.
You may not copy, modify, reverse-engineer, or create derivative works of the Platform or any of its components.
10. Privacy
Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, and protect your data. By using the Platform, you consent to the practices described in the Privacy Policy.
11. Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not guarantee that the Platform will be uninterrupted, error-free, or secure. We do not guarantee the accuracy of AI-generated content, price estimates, or message analysis.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOLIOLIVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE PLATFORM.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID TO FOLIOLIVE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
13. Indemnification
You agree to indemnify and hold FolioLive harmless from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Platform, your violation of these Terms, or your violation of any third-party rights.
14. Termination
You may cancel your account at any time from the Settings page. Your access continues until the end of the current billing period.
We may suspend or terminate your account for violation of these Terms, with or without notice.
Upon termination, your data is retained for 30 days and then permanently deleted. You may request an export of your data before deletion.
Purchased SMS credits are forfeited upon account termination.
15. Dispute Resolution
Any disputes arising from these Terms or your use of the Platform shall be resolved through binding arbitration under the rules of the American Arbitration Association, conducted in San Diego County, California. You waive any right to participate in a class action lawsuit or class-wide arbitration.
For claims under $1,000, you may choose small claims court in San Diego County as an alternative to arbitration.
16. Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of law principles.
17. Changes to These Terms
We may update these Terms from time to time. We will notify account holders of material changes via email at least 30 days before they take effect. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.