These Terms and Conditions (“Terms”) govern your access to and use of Ratings Refinery’s software, services, and website (the “Services”). By using our Services, you agree to these Terms. If you do not agree, do not use our Services.
1) Services Provided
Ratings Refinery provides software tools that allow businesses to request and manage customer reviews, send follow-up messages, and access analytics, along with related marketing automation features. We may update, modify, or discontinue features at any time without liability.
2) Eligibility
You must be at least 18 years old and able to form a binding contract to use the Services. By using the Services, you represent that you meet these requirements.
3) Account Registration
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must provide accurate, current information and promptly update it if it changes.
4) Acceptable Use
You agree not to:
Use the Services for unlawful, harassing, deceptive, or abusive purposes. Send unsolicited messages without appropriate consent. Violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, Canada’s Anti-Spam Law (CASL), GDPR, or other applicable marketing/privacy laws. Upload or transmit viruses, malicious code, or anything that interferes with the integrity of the Services. Use the Services to process prohibited data such as payment card details (outside approved processors), health/medical information, biometric identifiers, or children’s personal data without proper consent.
We reserve the right to suspend or terminate accounts engaged in prohibited use.
5) Client Responsibilities
You are solely responsible for:
The accuracy and legality of any customer data you upload. Obtaining all necessary consents from your customers before sending them messages. Honoring all STOP/UNSUBSCRIBE requests and privacy rights. Ensuring your content complies with applicable laws and carrier rules.
6) Fees and Payment
You agree to pay all applicable fees in accordance with your subscription plan. Fees are non-refundable unless otherwise stated. We may change pricing with notice before your next billing cycle.
7) Intellectual Property
The Services, including all software, branding, and content, are owned by Ratings Refinery or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services for your internal business purposes. You may not copy, modify, distribute, or reverse-engineer our software or content.
8) Data Processing and Privacy
We process personal information in accordance with our Privacy Policy (https://ratingsrefinery.com/privacy). For end-customer data, we act as a processor/service provider, and you are the controller/business responsible for lawful data collection and use.
9) Service Availability
We aim for high availability but do not guarantee uninterrupted or error-free operation. We may suspend access for maintenance, updates, or security reasons without liability.
10) Disclaimers
The Services are provided “as is” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, or non-infringement. Ratings Refinery is not responsible for any loss of data, business, or profits resulting from use or inability to use the Services.
11) Limitation of Liability
To the fullest extent permitted by law, Ratings Refinery and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, or data. Our total liability for any claim shall not exceed the amount paid to us for the Services in the six (6) months preceding the claim.
12) Indemnification
You agree to indemnify, defend, and hold harmless Ratings Refinery from any claims, damages, liabilities, costs, and expenses (including legal fees) arising out of your use of the Services, your violation of these Terms, or your violation of any law or third-party rights.
13) Termination
We may suspend or terminate your account for violation of these Terms or for non-payment. You may cancel at any time, but fees already paid are non-refundable unless otherwise stated in writing.
14) Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes will be resolved in the courts located in Sacramento County, California.
15) Changes to These Terms
We may update these Terms from time to time. The “Effective date” will be updated, and we will provide notice of material changes (e.g., email or in-app). Continued use of the Services after changes constitutes acceptance.