1. Acceptance of Terms
By accessing or using ReputationGauge.com (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. These Terms apply to all visitors, users, and others who access or use the Service.
2. Description of Service
ReputationGauge.com provides an automated review generation, monitoring, and management platform that helps businesses collect customer feedback, monitor review platforms, and respond to reviews. The Service includes tools for sending review request campaigns via SMS and email, aggregating reviews from multiple platforms, and generating analytics and reporting.
3. Eligibility
You must be at least 18 years old and capable of entering into a binding contract to use the Service. By using the Service, you represent and warrant that you meet all eligibility requirements.
4. Account Registration
To access certain features of the Service, you must register for an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Accept responsibility for all activity occurring under your account
- Notify us immediately of any unauthorized use of your account
5. Permitted Use
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Service to solicit, generate, or post fake, incentivized, or misleading reviews
- Violate any applicable law, regulation, or third-party platform terms of service (including Google, Yelp, TripAdvisor, etc.)
- Send unsolicited commercial messages (spam) or contact individuals who have opted out
- Harvest or scrape data from the Service without authorization
- Attempt to gain unauthorized access to any portion of the Service or its related systems
- Use the Service in any manner that could disable, overburden, or impair it
6. Review Solicitation Compliance
You are solely responsible for ensuring that your use of the review solicitation features complies with all applicable laws and the terms of service of any review platform you target. Reputation Gauge does not guarantee that any particular use of the Service complies with the terms of third-party platforms. You agree to use the Service only to request genuine feedback from actual customers.
7. SMS and Email Communications
When using the Service to send SMS or email review requests, you represent and warrant that:
- You have obtained all necessary consents and permissions from recipients as required by applicable law, including the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act
- You maintain accurate records of all consents
- You will honor opt-out requests promptly
- You will not use the Service to send messages to individuals on any Do-Not-Call registry
8. Subscription and Billing
Certain features of the Service are offered on a subscription basis. By subscribing, you authorize us to charge your designated payment method on a recurring basis. Subscription fees are non-refundable except as expressly set forth in these Terms or as required by applicable law. We reserve the right to change subscription fees upon reasonable notice. Failure to pay may result in suspension or termination of your account.
9. Free Trials
We may offer free trial periods for certain subscription plans. At the end of the free trial, you will be automatically charged the applicable subscription fee unless you cancel before the trial period ends. We reserve the right to modify or cancel free trial offers at any time.
10. Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of Reputation Gauge, LLC and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ReputationGauge.com. You retain ownership of any content you submit to the Service, but grant us a worldwide, non-exclusive, royalty-free license to use, process, and display such content solely to provide the Service.
11. Data Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of information as described in our Privacy Policy. You are responsible for the personal data of your customers that you provide to or collect through the Service, and you agree to comply with all applicable data protection laws.
12. Third-Party Integrations
The Service may integrate with or link to third-party services, including but not limited to Google, Yelp, Facebook, TripAdvisor, and other review platforms. We are not responsible for the content or practices of any third-party services. Your use of third-party services is subject to their respective terms and privacy policies.
13. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY 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 WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REPUTATION GAUGE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO REPUTATIONGAUGE.COM IN THE TWELVE MONTHS PRECEDING THE CLAIM.
15. Indemnification
You agree to defend, indemnify, and hold harmless ReputationGauge.com, (Reputation Gauge, LLC) and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from: (i) your use of the Service; (ii) your violation of these Terms; (iii) your violation of any third-party right, including any intellectual property or privacy right; or (iv) any claim that your customer communications caused damage to a third party.
16. Termination
We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, third parties, or for any other reason. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive.
17. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except that either party may seek injunctive relief in a court of competent jurisdiction.
18. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of significant changes by updating the date at the top of these Terms and, where appropriate, by sending you an email notification. Your continued use of the Service after any changes constitutes your acceptance of the new Terms.
19. Contact Us
If you have any questions about these Terms of Service, please contact us at support@reputationgauge.com. We are happy to answer any questions and work with you to ensure compliance with these Terms.