Last updated: 2025/04/18
1. Agreement to Terms
By creating an account, accessing or using any ReviewPath website, dashboard, widget, API or mobile application (collectively, the “Service”) you (“Customer” or “you”) accept and agree to be bound by these Terms & Conditions, our Privacy Policy and any order form or data‑processing addendum that references them (together, the “Agreement”). If you use the Service on behalf of a company, you represent that you have authority to bind that company.
2. Definitions
| Term | Meaning |
|---|---|
| Feedback | Any survey response, rating, testimonial, review or other user‑generated content collected through the Service. |
| Platform(s) | Third‑party review sites, social‑media networks, listing services or mapping providers (e.g., Google Business Profiles, Yelp, TripAdvisor, Trustpilot, Meta, Apple Maps, etc.). |
| Prohibited Conduct | (i) “review‑gating” (showing, sending or otherwise permitting review‑solicitation links only to consumers that indicate a positive experience); (ii) creating, encouraging or facilitating fake, misleading or compensated reviews; (iii) any activity that violates Platform terms, the U.S. FTC Guides (including the 2023 Endorsement Guides), the EU UCPD, or other applicable law. |
3. Description of the Service
ReviewPath is a cloud‑based feedback platform that enables you to:
- Collect post‑transaction Feedback via email, SMS, QR code or embedded form;
- Analyse Feedback (incl. AI‑driven sentiment analysis, keyword extraction and trend reporting);
- Engage with Customers to resolve issues;
- Request that all respondents—positive and negative—leave an outside review on a Platform of their choice;
- Monitor, respond to and export Platform reviews;
- Automate alerts, tickets and reports through third‑party integrations.
No Performance Guarantee. We do not warrant (a) that you will obtain any minimum star‑rating, sales increase or Platform placement, (b) that Platforms will publish, retain or refrain from moderating any review, or (c) that your account(s) with any Platform will remain active or un‑sanctioned.
4. Licence & Acceptable Use
ReviewPath grants you a limited, non‑exclusive, non‑transferable, revocable licence to use the Service for your internal business purposes, conditioned upon your compliance with this Agreement. You shall not:
- engage in any Prohibited Conduct (see §2);
- send unsolicited communications without valid consent under CAN‑SPAM, the U.S. Telephone Consumer Protection Act (TCPA), Canada’s CASL, EU ePrivacy rules or similar law;
- scrape, decompile, reverse engineer or create derivative works of the Service;
- use the Service to store or transmit infringing, defamatory, obscene or otherwise unlawful material.
ReviewPath monitors usage patterns (manual and automated). We may warn, suspend or terminate any account that, in our sole discretion, appears to violate this Agreement.
5. Customer Responsibilities
- Content Ownership. You retain all rights in Feedback and other data you upload (“Customer Content”). You grant ReviewPath a worldwide, royalty‑free licence to host, copy, analyse, process and transmit such Content to provide the Service and to create anonymised, aggregated analytics.
- Accuracy. You are solely responsible for the accuracy, quality and legality of Customer Content and how you acquire it.
- Platform Compliance. You must ensure that any outreach, response or syndication generated through the Service complies with each Platform’s then‑current terms and policies.
6. Data Protection & Privacy
- Role. For personal data that you upload or cause to be collected, you are the controller (GDPR) or business (CCPA/CPRA); ReviewPath is the processor/service provider.
- DPA. Our standard Data‑Processing Addendum (“DPA”) (including EU Standard Contractual Clauses, UK Addendum and Swiss Annex) is incorporated by reference. Execution of an order form constitutes signature of the DPA.
- Security. We maintain administrative, technical and organisational measures that meet or exceed ISO 27001 and SOC 2 Type II best practices.
- Sub‑processors. A current list is available at <reviewpath.com/subprocessors>. We will give you advance notice of any material changes as required by GDPR Art 28(2).
7. Fees & Payment
Unless otherwise stated on your order form:
- Fees are invoiced annually in advance and due net‑30 days by ACH or credit card.
- Amounts are exclusive of taxes, which you agree to pay (other than taxes on ReviewPath’s net income).
- Overdue amounts accrue interest at 1.5 % per month (or the maximum rate permitted by law, if lower).
- All fees are non‑refundable except as expressly provided in §9 (Warranties; SLA).
8. Term, Suspension & Termination
- The Agreement starts on the Effective Date of your order and continues for the subscription term set out therein.
- Either party may terminate for material breach if the other fails to cure within 30 days’ written notice.
- ReviewPath may immediately suspend access (i) to comply with law, Platform rules or governmental request; (ii) to prevent material harm; or (iii) upon evidence of Prohibited Conduct.
9. Service‑Level Warranty; Disclaimer
- Uptime. We target 99.9 % monthly uptime excluding (i) scheduled maintenance (with 48 hrs notice), (ii) force‑majeure events and (iii) third‑party outages (e.g., a Platform API failure). Your sole remedy for breach of this SLA is a service‑credit equal to one‑thirtieth (¹⁄₃₀) of your monthly fee for each full 30‑minute outage, capped at 100 % of one month’s fee per calendar quarter.
- “AS IS”. Except as stated in §9(1), THE SERVICE IS PROVIDED “AS‑IS” AND “AS‑AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT OR RESULTS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- Indirect Damages. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.
- Cap. REVIEWPATH’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO REVIEWPATH IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
- Essential Purpose. The limitations in this §10 form an essential basis of the bargain and apply notwithstanding any failure of essential purpose of any limited remedy.
Some jurisdictions do not allow certain exclusions; where prohibited, the relevant limitation shall apply to the minimum extent permissible.
11. Indemnification
11.1 Customer Indemnity
You shall defend, indemnify and hold harmless ReviewPath, its affiliates and their respective directors, officers and employees from and against all third‑party claims, losses and expenses (including reasonable attorneys’ fees) arising out of or related to:
- (a) Customer Content;
- (b) your violation of Platform rules or applicable law (including anti‑spam, defamation and consumer‑protection statutes); or
- (c) Prohibited Conduct by you or your end‑users.
11.2 ReviewPath IP Indemnity
ReviewPath will defend you against claims that the Service, as provided, infringes any valid U.S. or EU intellectual‑property right, and will indemnify you for resulting damages finally awarded, provided you promptly notify ReviewPath in writing and cooperate with the defence. ReviewPath may (i) modify the Service; (ii) procure a licence; or (iii) terminate this Agreement with a prorated refund. This §11.2 will not apply to claims based on your combination of the Service with non‑ReviewPath products, or on Customer Content.
12. Intellectual Property
The Service, including all software, interfaces, designs, compilation and analytics, is and remains the exclusive property of ReviewPath and its licensors. No rights are granted except as expressly provided.
13. Third‑Party Services
The Service may interoperate with Platforms and other third‑party services. ReviewPath is not responsible for the availability, accuracy or policies of such third parties, and makes no warranty regarding their continued integration. Your use of those services is governed solely by their terms.
14. Compliance & Review‑Gating Policy
- 14.1 Zero‑Tolerance. ReviewPath prohibits any form of review gating, review manipulation or other deceptive endorsement practice.
- 14.2 Monitoring. We employ automated and manual reviews to detect suspected gating.
- 14.3 Enforcement. If we believe you are engaging in Prohibited Conduct, we may suspend or terminate access with immediate effect.
- 14.4 No Liability. If any Platform restricts, suspends or deletes your listing, account or reviews due to your conduct (including gating), ReviewPath shall bear no responsibility or liability.
15. Export & Sanctions
You shall not use the Service in violation of U.S., EU, U.K. or U.N. export‑control or sanctions laws, including to any party on OFAC’s SDN list or other restricted list.
16. Governing Law & Dispute Resolution
| Region of Customer | Governing Law | Venue / Method |
|---|---|---|
| USA & rest of world (ex‑EEA/UK/CH) | State of Delaware, USA (without regard to conflict rules). | Binding arbitration under the JAMS Streamlined Rules in Wilmington, DE; each party waives class actions & jury trial. |
| EEA, United Kingdom & Switzerland | Austrian law (excluding its conflict rules and CISG). | Exclusive jurisdiction of the Commercial Court of Vienna, Austria, unless consumer law mandates otherwise. |
Nothing prevents either party from seeking injunctive relief in any court of competent jurisdiction.
17. Changes to the Service or Terms
We may update the Service or these T&C from time to time. Material changes will be posted at <reviewpath.com/terms> or notified by email at least thirty (30) days in advance. Continued use after the effective date constitutes acceptance.
18. Miscellaneous
- Entire Agreement. Supersedes all prior or contemporaneous agreements on the subject matter.
- Severability. If any provision is held invalid, the remainder will remain in effect.
- Force Majeure. Neither party is liable for delay or failure due to events beyond reasonable control.
- Assignment. Neither party may assign this Agreement without the other’s consent, except to an affiliate or in connection with a merger, acquisition or sale of substantially all assets.
- Notices. Legal notices to ReviewPath must be sent by certified mail to:
ReviewPath Inc., Attn: Legal Dept., 1209 N. Orange St., Wilmington, DE 19801 USA, with a copy to legal@reviewpath.com
Attachment A – Data‑Processing Addendum (summary)
(Full DPA available at <reviewpath.com/dpa>)
- Controller instructions limited to providing the Service;
- SOC 2‑audited sub‑processors listed online;
- Standard Contractual Clauses (2021/914/EU) incorporated for EU Data transfers;
- CCPA §1798.140/§1798.100 compliance – ReviewPath acts solely as “service provider.”
19. Contact
Questions? Email us at support@reviewpath.com.
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