Terms of Service

1. Agreement to Terms

By accessing or using RevSpout, you agree to be bound by these Terms. If you don't agree to these Terms, you may not access or use our services.

We may update these Terms from time to time. Your continued use of our services after changes are posted constitutes acceptance of the updated Terms.

1.1 Eligibility

To use RevSpout, you must:

• Be at least 18 years old or the age of majority in your jurisdiction
• Have the legal authority to enter into these Terms
• Operate a legitimate business (not for personal use)
• Comply with all applicable laws and regulations

2. Service Description

2.1 Core Services

RevSpout provides a SaaS platform that helps local service businesses:

• Automated Review Requests: Send SMS and email requests to customers
• Customer Management: Import and organize customer databases
• Review Monitoring: Track Google Business Profile reviews
• Analytics: Monitor performance metrics and response rates
• Testimonial Management: Convert reviews into marketing content
• Campaign Management: Create and manage marketing campaigns

2.2 Third-Party Integrations

Our services integrate with third-party providers:

• SMS Delivery: Twilio for A2P 10DLC compliant messaging
• Email Delivery: Various SMTP providers (Mailgun, AWS SES, etc.)
• Google Services: Google My Business API for review data
• Payment Processing: Stripe for subscription billing

3. User Accounts and Responsibilities

3.1 Account Registration

• Provide accurate, complete, and current information
• Maintain and update your account information
• Choose a secure password and enable two-factor authentication when available
• One account per business entity

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately of unauthorized access
• Logging out of shared or public computers

3.3 Customer Data Responsibility

• Ensure accuracy of customer contact information
• Obtain proper consent for SMS and email communications
• Honor opt-out requests immediately
• Maintain records of consent and opt-outs
• Comply with your privacy policy and data protection obligations

4. Subscription and Billing

4.1 Subscription Plans

• Free Plan: Limited features and usage quotas
• Professional Plan: Advanced features with monthly limits
• Enterprise Plan: Full features with higher limits

4.2 Billing Terms

• Payment: All fees are payable in advance on a monthly basis
• Auto-Renewal: Subscriptions automatically renew unless cancelled
• Price Changes: We'll provide 30 days notice of price increases
• Taxes: Fees are exclusive of applicable taxes
• Refunds: No refunds for unused portions of service periods

4.3 Usage-Based Fees

Additional charges may apply for:

• SMS messages sent through Twilio (approximately $0.0075 per message)
• Email messages over plan limits
• Premium features or add-ons
• Third-party integration costs

4.4 Payment Failure

If payment fails, we may suspend service after reasonable notice. We'll attempt to collect payment and may use third-party collection agencies for seriously overdue accounts.

5. Acceptable Use Policy

5.1 Prohibited Content

You may not use RevSpout to send messages containing:

• Illegal content or activities
• Spam, unsolicited communications, or bulk messaging to non-customers
• Harassment, threats, or abusive content
• False, misleading, or deceptive information
• Adult content, gambling, or illegal substances
• Malware, viruses, or malicious code
• Content that violates third-party rights

5.2 Prohibited Activities

• Attempting to hack, reverse engineer, or compromise our systems
• Using automated tools to scrape or extract data
• Sharing account access with unauthorized users
• Creating fake reviews or manipulating review platforms
• Violating any applicable laws or regulations
• Interfering with other users' use of the service

5.3 Enforcement

We reserve the right to investigate violations and take appropriate action, including warning, suspending, or terminating accounts. We may also report illegal activities to law enforcement.

6. Messaging Compliance Requirements

6.1 SMS Compliance (TCPA & A2P 10DLC)

• Consent: Obtain explicit written consent before sending SMS messages
• Opt-out: Include STOP instructions in every message
• Business Relationship: Only message your existing customers
• Content: Messages must be relevant to your business relationship
• Frequency: Respect reasonable messaging frequency limits
• Records: Maintain consent and opt-out records for 3+ years

6.2 Email Compliance (CAN-SPAM Act)

• Truthful Headers: Accurate "From," "To," and routing information
• Clear Subject Lines: No deceptive subject lines
• Business Identification: Include your business name and address
• Unsubscribe Option: Provide clear unsubscribe mechanism
• Honor Opt-outs: Process unsubscribe requests within 10 days

6.3 International Compliance

If you contact customers internationally, you must comply with applicable local laws, including GDPR, CASL (Canada), and other national regulations.

6.4 RevSpout's Role

7. Intellectual Property Rights

7.1 RevSpout Property

RevSpout owns all rights to:

• The RevSpout platform, software, and technology
• All trademarks, logos, and branding
• Documentation, templates, and system-generated content
• Aggregated and anonymized analytics data

7.2 Your Content

You retain ownership of your customer data and content, but grant us rights to:

• Process and store your data to provide services
• Use data for service improvement and analytics (in anonymized form)
• Share data with service providers as necessary

7.3 Feedback

Any feedback, suggestions, or ideas you provide about RevSpout become our property and may be used without restriction or compensation.

8. Service Availability and Performance

8.1 Service Level

We strive to maintain high service availability but cannot guarantee:

• 100% uptime or uninterrupted service
• Guaranteed SMS or email delivery rates
• Real-time processing of all requests
• Availability of third-party integrations

8.2 Maintenance and Updates

• We may perform scheduled maintenance with advance notice
• Emergency maintenance may be performed without notice
• Software updates and feature changes may occur regularly
• Deprecated features will have reasonable notice periods

8.3 Third-Party Dependencies

9. Limitation of Liability and Warranties

9.1 Disclaimer of Warranties

We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, REVSPOUT'S LIABILITY IS LIMITED TO:

• The amount you paid to RevSpout in the 12 months preceding the claim
• Direct damages only (no indirect, consequential, or punitive damages)
• Claims brought within one year of the incident

9.3 Indemnification

You agree to indemnify and hold RevSpout harmless from claims arising from your use of the service, violation of these Terms, or infringement of third-party rights.

10. Termination

10.1 Termination by You

• You may cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of your current billing period
• No refunds for unused portions of prepaid periods
• Your data will be available for 90 days after cancellation

10.2 Termination by RevSpout

We may terminate or suspend your account for:

• Violation of these Terms or our policies
• Non-payment of fees
• Fraudulent or illegal activity
• Extended inactivity (free accounts)
• At our discretion with 30 days notice (without cause)

10.3 Effect of Termination

Upon termination, your access to the service ends immediately, but certain provisions (payment obligations, limitation of liability, indemnification) survive termination.

11. General Provisions

11.1 Governing Law

These Terms are governed by the laws of Delaware, USA, without regard to conflict of law principles. Any disputes will be resolved in the courts of Delaware.

11.2 Dispute Resolution

• Before filing legal action, contact us to attempt resolution
• Small claims court actions are permitted
• Class action lawsuits are waived (individual disputes only)
• Arbitration may be required for certain disputes

11.3 Severability

If any provision of these Terms is found invalid, the remaining provisions remain in full effect.

11.4 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and RevSpout regarding use of our services.

12. Contact Information