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Terms of Service

Last Updated: November 14, 2024

1. Agreement to Terms

By accessing or using ZipReviews ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

2. Description of Service

ZipReviews is an AI-powered review management system that enables businesses to:

• Collect customer reviews through customizable forms
• Generate AI-powered testimonial content using Google Gemini
• Send review requests via email and SMS
• Manage and monitor customer feedback
• Integrate with Google Reviews

3. User Obligations and Compliance

3.1 SMS Messaging Compliance (TCPA)

If you use our SMS messaging features, you agree to:

• Obtain prior express written consent from recipients before sending any marketing or promotional SMS messages
• Comply with the Telephone Consumer Protection Act (TCPA) and all related regulations
• Honor all opt-out requests immediately
• Maintain records of consent for all recipients
• Not send messages to phone numbers on the National Do Not Call Registry without proper consent
• Use the ZipReviews customer opt-in form (`/sms/opt-in/`) or equivalent explicit consent language that mentions "text messages" or "SMS messages", includes STOP/HELP instructions, frequency disclosure, and rate disclosures
• Record all offline and verbal consents through the Admin "Log Offline / Verbal Consent" workflow, including copies of the consent text and evidence links
• Note: Consent tracking is for compliance purposes. You are responsible for ensuring you have obtained proper consent before sending SMS messages.
• Retain consent evidence (text, timestamps, IP address, user agent, and supporting documents) for at least four (4) years

You are solely responsible for ensuring TCPA compliance. ZipReviews provides tools to help manage consent, but ultimate compliance responsibility rests with you.

3.2 Email Compliance (CAN-SPAM)

When using email features via the "mailto:" functionality, you agree to:

• Comply with the CAN-SPAM Act and all related regulations
• Include accurate sender information in all emails
• Provide a clear opt-out mechanism
• Honor opt-out requests within 10 business days
• Not use deceptive subject lines or false header information

3.3 Data Collection and Privacy

You agree to:

• Collect and process customer data in compliance with all applicable privacy laws
• Provide adequate privacy notices to your customers
• Obtain necessary consents for data collection and processing
• Maintain the security and confidentiality of customer data

4. Acceptable Use Policy

You agree NOT to use the Service to:

• Send spam, unsolicited messages, or bulk communications without proper consent
• Harass, threaten, or abuse any person
• Engage in fraudulent or deceptive practices
• Violate any local, state, national, or international law
• Infringe on intellectual property rights
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers

5. Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your account information is accurate and up-to-date

6. Limitation of Liability

WE ARE NOT LIABLE FOR YOUR NON-COMPLIANCE WITH APPLICABLE LAWS. You agree to indemnify, defend, and hold harmless ZipReviews, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable laws or regulations (including TCPA, CAN-SPAM, GDPR, CCPA, etc.)
• Your violation of any third-party rights
• Communications you send using the Service

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

7. Service Availability and Modifications

We reserve the right to:

• Modify, suspend, or discontinue the Service at any time
• Change pricing and features with reasonable notice
• Refuse service to anyone for any reason
• Update these Terms at any time (material changes will be notified)

8. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Violation of applicable laws or regulations
• Abusive or fraudulent behavior
• Non-payment of fees

Upon termination, your right to use the Service will cease immediately.

9. Data Retention and Deletion

Upon account termination, we will retain your data for a reasonable period as required for:

• Legal and regulatory compliance (including audit trails)
• Dispute resolution
• Fraud prevention

You may request data deletion subject to our legal obligations to retain certain records.

10. Third-Party Services

The Service integrates with third-party services including:

• Twilio (SMS delivery)
• Google Gemini (AI content generation)
• Google Reviews (review integration)

Your use of these services is subject to their respective terms and conditions. We are not responsible for third-party service performance or availability.

11. Intellectual Property

The Service and its original content, features, and functionality are owned by ZipReviews and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

12. Governing Law and Dispute Resolution

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 disputes arising from these Terms or use of the Service shall be resolved through:

• Good faith negotiation between the parties
• If negotiation fails, binding arbitration in accordance with the American Arbitration Association rules
• Arbitration shall take place in the United States

13. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

14. Entire Agreement

These Terms constitute the entire agreement between you and ZipReviews regarding the Service and supersede all prior agreements and understandings.

15. Contact Information

If you have any questions about these Terms, please contact us at:

Email: tseibert@techbldrs.com
Service: ZipReviews