Terms of Service for Boosted Reviews

Last updated: 11/27/2024

These Terms of Service ("Terms") govern your use of the Boosted Reviews platform ("the Software," "we," "our," "us"). By accessing or using the Software, you ("user," "you," "your") agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Software.

1. Services Provided

Boosted Reviews provides local businesses with tools to manage and enhance their online reputation through the following features:

• Review Aggregation: Display of reviews from various platforms (e.g., Google, Facebook) in a unified interface.

• AI-Powered Review Responses: Use of artificial intelligence to generate and post responses to customer reviews.

• Review Request Campaigns: Sending of email and/or text message campaigns to request reviews or feedback from end-customers, including private feedback and video testimonials via a landing page.

• Review Sharing: Sharing reviews on users’ websites via widgets and on social media by generating review-based images.

• Analytics: Access to data and reports on the performance of reviews and the overall reputation.

• Automation: Tools to automate review request processes through configurable workflows.

2. Eligibility

To use the Software, you must:

• Be at least 18 years old or the legal age of majority in your jurisdiction.

• Have the authority to enter into legally binding agreements.

• Agree to comply with these Terms and all applicable laws and regulations.

3. Account Registration

To access certain features of the Software, you must register for an account. You agree to:

• Provide accurate, complete, and up-to-date information during the registration process.

• Maintain the confidentiality of your account login credentials.

• Notify us immediately of any unauthorized use of your account or breach of security.

We reserve the right to suspend or terminate your account if any information provided is found to be inaccurate, false, or incomplete.

4. License to Use

We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Software solely for your internal business purposes. You agree not to:

• Reproduce, distribute, or publicly display the Software or any part thereof without our prior written consent.

• Reverse-engineer, decompile, disassemble, or attempt to extract source code.

• Use the Software for any unlawful or non-compliant purpose under applicable local, state, or federal laws.

5. User-Generated Content

By using the Software to manage and respond to reviews, send requests, or publish content, you agree:

• You are solely responsible for the content you upload, create, transmit, or publish.

• You affirm that you have all necessary rights, licenses, and permissions to submit and distribute such content.

• We reserve the right, but not the obligation, to monitor or remove content that violates these Terms or any applicable law.

6. Artificial Intelligence Usage

The AI-generated response features are provided "as-is."

• You are solely responsible for reviewing AI-generated responses before posting.

• We make no warranties as to the accuracy, legality, or appropriateness of such responses.

• You assume all liability for messages or content generated through AI tools on the platform.

7. Payment and Subscription

Certain features may require a paid subscription. You agree to:

• Pay the fees listed on our pricing page at the time of subscription.

• Maintain valid payment credentials throughout your subscription term.

• Acknowledge that all fees are non-refundable unless explicitly stated otherwise.

We reserve the right to update pricing or modify plans at any time with prior notice before your next billing cycle.

8. Termination

We may suspend or terminate your access, without notice, for:

• Breaching these Terms

• Failure to pay fees

• Suspected misuse or illegal activity

Upon termination:

• Your license to use the Software immediately ends.

• All associated data may be permanently deleted.

• We assume no responsibility for lost data post-termination.

9. Intellectual Property

All content, code, trademarks, and design elements within the Software are the exclusive property of Boosted Reviews or its licensors. You may not use, copy, or exploit our intellectual property without express written permission.

10. Data Privacy

Our data handling is governed by our [Privacy Policy]. By using the Software, you consent to the practices described in the policy, including how we collect, process, and store data.

11. Disclaimer of Warranties

The Software is provided "as is" and "as available" without warranty of any kind.
We expressly disclaim all implied warranties, including but not limited to:

• Merchantability

• Fitness for a particular purpose

• Non-infringement

• Availability, security, or accuracy of results

Use of the Software is at your own risk.

12. Limitation of Liability

To the fullest extent permitted by law, Boosted Reviews and its affiliates shall not be liable for:

• Indirect, incidental, punitive, or consequential damages

• Loss of profits, revenue, or data

• Claims exceeding the fees paid to us in the twelve (12) months prior to the claim

13. Indemnification

You agree to defend, indemnify, and hold harmless Boosted Reviews and its affiliates from any and all third-party claims, losses, liabilities, or expenses (including legal fees) resulting from:

• Your use or misuse of the Software

• Your violation of these Terms or applicable laws

• Any content or communications you send using the platform

14. Governing Law

These Terms shall be governed under the laws of the State of California, excluding its conflict of law principles.

15. Dispute Resolution

In the event of a dispute, you agree to:

• Attempt to resolve the matter informally first by contacting support@boostedreviews.com

• If unresolved, disputes shall be litigated exclusively in the state or federal courts of Sacramento County, California

16. Changes to These Terms

We reserve the right to update or revise these Terms at any time.
Material changes will be communicated via email or platform notification.
Your continued use of the Software after changes take effect constitutes acceptance.

17. Compliance with Communications Laws (including TCPA)

By using our messaging tools, you agree to the following:

17.1 Legal Responsibility

You are solely responsible for complying with all applicable communications laws, including:

• The Telephone Consumer Protection Act (TCPA)

• CAN-SPAM Act

• State-specific privacy, marketing, and consumer contact laws

Boosted Reviews does not assume responsibility for your compliance efforts and disclaims any liability related to the messages you send using our Software.

17.2 Consent Requirements

You represent and warrant that:

• You have obtained prior express written consent from all recipients, when legally required

• You can provide documentation of such consent upon request

• You will not contact any individual who has opted out or is on a DNC list unless exempt under applicable law

17.3 Unlawful Messaging Prohibited

You agree not to use the Software to:

• Contact recipients without proper consent

• Send to individuals on national/state Do Not Call registries

• Use auto-dialers or automated systems without the proper level of consent

• Evade, circumvent, or manipulate consent requirements or opt-out mechanisms

17.4 Boosted Reviews’ Safeguards

To assist with compliance, Boosted Reviews may:

• Append opt-out instructions to messages (e.g., “Click here to unsubscribe”)

• Log user confirmations that consent was obtained

• Automatically suppress sending to previously opted-out contacts

However, these safeguards do not replace your responsibility to follow the law.

17.5 Indemnification for Messaging

You agree to fully indemnify Boosted Reviews from any liability, claims, investigations, fines, or lawsuits that arise from:

• Your use of our messaging tools

• Your failure to comply with any law (e.g., TCPA, CAN-SPAM)

• Any recipient complaints or actions brought by regulators or private parties

17.6 Right to Suspend Messaging Access

We may suspend or permanently revoke your access to messaging features without prior notice if we suspect misuse, non-compliance, or potential legal exposure.

18. Contact Information

For questions regarding these Terms, please contact us at:

📧 support@boostedreviews.com