TERMS AND CONDITIONS
Effective Date: 01 Jan 2025
1. AGREEMENT TO TERMS
These Terms and Conditions (“Terms,” “Agreement”) constitute a legally binding agreement between you (“you,” “your,” “user,” or “client”) and The Review Foundry, located in McKinney, Texas (“Company,” “we,” “us,” or “our”), concerning your access to and use of our website, software, mobile applications, and related services (collectively, the “Services”).
By using our Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately discontinue use of the Services.
2. ELIGIBILITY
By accessing or using the Services, you represent and warrant that you are at least 18 years of age and have the legal authority to enter into these Terms. If you are using the Services on behalf of a business or entity, you represent that you are authorized to bind that entity to this Agreement.
3. ACCOUNT REGISTRATION
You may be required to create an account to use certain features of the Services. You agree to provide accurate, current, and complete information and to maintain the confidentiality of your login credentials. You are responsible for all activity that occurs under your account.
If you suspect unauthorized use of your account, you must notify us immediately at [email protected].
4. SERVICES PROVIDED
The Review Foundry provides reputation management, automated review systems, feedback collection, and related consulting and software solutions designed to enhance business visibility and reputation. The Company may modify, expand, or discontinue any aspect of its Services at any time without prior notice.
5. SERVICE ACCESS AND AVAILABILITY
We strive to ensure uninterrupted availability of our Services. However, we do not guarantee continuous, error-free, or secure operation. Maintenance, upgrades, and unforeseen issues may result in temporary downtime. We are not liable for any interruption, delay, or failure of access.
6. FEES AND PAYMENT TERMS
You agree to pay all fees and charges associated with your use of the Services as described at the time of purchase or in a separate written agreement.
Payments must be made via an approved payment method. Late payments may result in suspension or termination of access to the Services. All fees are non-refundable unless otherwise required by law or specified in a written agreement.
7. AUTOMATIC RENEWALS
Some Services are billed on a recurring subscription basis. By subscribing, you authorize The Review Foundry to charge your payment method at the start of each billing period until cancellation. You may cancel at any time before the next renewal period by contacting [email protected].
8. REFUNDS AND CANCELLATIONS
Refunds are handled in accordance with the terms specified at purchase. Generally, payments for Services are non-refundable once rendered or once digital access has been provided.
If you believe a billing error has occurred, please contact us within 7 days of the charge.
9. CLIENT RESPONSIBILITIES
You agree to provide accurate information necessary for the performance of Services, including credentials, access permissions, and business data. The Review Foundry is not responsible for errors or delays resulting from inaccurate or incomplete client information.
10. PROHIBITED USES
You agree not to:
Use the Services for any illegal, fraudulent, or harmful purpose.
Interfere with or disrupt the operation of the Services.
Attempt to access data or systems without authorization.
Use any automated or manual means to copy, scrape, or extract data.
Upload or transmit viruses or malicious code.
Violate applicable laws or third-party rights.
11. INTELLECTUAL PROPERTY RIGHTS
All content, trademarks, logos, software, and other materials available through The Review Foundry are owned or licensed by the Company. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your own business use.
You may not copy, distribute, modify, reverse engineer, or create derivative works without our written consent.
12. USER CONTENT
You may provide feedback, suggestions, or other content through our platform. By submitting such content, you grant The Review Foundry a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display that content for the purpose of improving or promoting our Services.
13. THIRD-PARTY INTEGRATIONS
The Services may integrate with third-party applications, APIs, or platforms. The Review Foundry is not responsible for the actions, availability, or data handling practices of these third parties. You agree to comply with any applicable terms governing third-party services.
14. DATA PRIVACY
Your privacy is important to us. Our collection, use, and protection of personal data are governed by our [Privacy Policy] (which should link to your privacy page). By using our Services, you consent to the processing of your information in accordance with that policy.
15. CONFIDENTIALITY
Both parties agree to protect all confidential or proprietary information obtained during the course of the relationship. Neither party shall disclose or use the other’s confidential information except as necessary to fulfill contractual obligations or as required by law.
16. COMMUNICATIONS
The Review Foundry sends messages related to review requests, reputation updates, appointment reminders, and important account notifications. By opting in, you can expect messages that help you manage and improve your business’s online reviews.
You can cancel the SMS service at any time. Simply text “STOP” to the shortcode. Upon sending “STOP,” we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.
If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to [email protected] or (469) 861-1259.
Carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for messages sent to you from us and to us from you. You will receive periodic messages based on your account activity and service usage. For questions about your text plan or data plan, contact your wireless provider.
For privacy-related inquiries, please refer to our privacy policy: https://thereviewfoundry.com/privacy-policy.
17. SERVICE MODIFICATIONS
We reserve the right to modify, suspend, or discontinue any aspect of the Services, including pricing and features, at any time. In the event of material changes, we will provide notice where required by law.
18. SUPPORT SERVICES
We may offer technical or customer support for users as described on our website or individual service agreements. Support availability and response times may vary based on service plans and volume.
19. SERVICE DISCLAIMERS
All Services are provided “as is” and “as available.” The Review Foundry disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that Services will be error-free or uninterrupted.
20. LIMITATION OF LIABILITY
To the fullest extent permitted by law, The Review Foundry shall not be liable for indirect, incidental, consequential, or punitive damages arising from your use of the Services.
Our total liability for any claim shall not exceed the amount paid by you to The Review Foundry during the three months preceding the claim.
21. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless The Review Foundry, its officers, directors, employees, agents, affiliates, successors, and assigns from any and all claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising out of or related to:
your use or misuse of the Services;
your breach of these Terms; or
your violation of any law or third-party rights.
This obligation survives termination of your account or these Terms.
22. FORCE MAJEURE
We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, labor disputes, power or Internet outages, government actions, pandemics, war, or natural disasters.
23. NON-SOLICITATION
During your relationship with us and for twelve (12) months thereafter, you agree not to solicit or hire any employee, contractor, or consultant of The Review Foundry without prior written consent.
24. GOVERNING LAW AND JURISDICTION
These Terms are governed by and construed under the laws of the State of Texas, without regard to conflict-of-law principles. Any disputes must be brought exclusively in the state or federal courts located in Collin County, Texas, and you consent to the personal jurisdiction of those courts.
25. DISPUTE RESOLUTION / ARBITRATION
Before filing a formal claim, you agree to contact The Review Foundry at [email protected] to attempt an informal resolution.
If we cannot resolve the dispute within 30 days, either party may submit the matter to binding arbitration under the rules of the American Arbitration Association.
Each party will bear its own costs and attorney fees unless the arbitrator determines otherwise.
Judgment on the award may be entered in any court of competent jurisdiction.
26. CLASS-ACTION WAIVER
To the fullest extent permitted by law, you agree that any dispute will be resolved on an individual basis and not as part of a class, collective, consolidated, or representative action.
27. LIMITATION ON TIME TO FILE CLAIMS
Any claim or cause of action arising out of or related to these Terms must be filed within one (1) year after it arises, or it will be permanently barred.
28. OWNERSHIP OF REVIEWS AND FEEDBACK DATA
All reviews, analytics, or data collected through the platform remain property of The Review Foundry unless otherwise stated in a signed agreement.
You are granted a license to view and use such data for your internal business purposes.
You agree not to resell or redistribute our system-generated content or analytics.
29. THIRD-PARTY LINKS AND CONTENT
Our Services may display or link to third-party websites or content. These are provided for convenience only.
The Review Foundry does not control, endorse, or assume responsibility for third-party websites, products, or services.
Your interactions with those third parties are governed solely by their terms and policies.
30. SOFTWARE LICENSE AND RESTRICTIONS
Any software or application provided as part of the Services is licensed, not sold.
You may not:
copy, modify, decompile, reverse-engineer, or distribute the software;
use it for competitive analysis; or
remove any proprietary notices.
Violation of this section may result in immediate termination and legal action.
31. UPDATES AND REVISIONS
We may update the Services, software, or these Terms periodically.
Revised Terms take effect when posted on www.thereviewfoundry.com or otherwise communicated to you.
Continued use of the Services constitutes acceptance of the revised Terms.
32. TERMINATION BY COMPANY
We may terminate or suspend your account, access, or any part of the Services at any time, without notice, if we believe you have violated these Terms or applicable law.
Upon termination, you must cease all use of the Services and destroy any copies of associated materials in your possession.
33. TERMINATION BY CLIENT
You may cancel your account or subscription at any time by emailing [email protected].
Cancellation does not entitle you to a refund unless otherwise specified in a separate written agreement.
34. SURVIVAL OF TERMS
Provisions that by their nature should survive termination—including but not limited to ownership rights, confidentiality, indemnification, limitations of liability, and dispute-resolution clauses—shall remain in effect.
35. SEVERABILITY
If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
36. WAIVER
No waiver by The Review Foundry of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or any other term.
Failure of the Company to assert any right or provision shall not constitute a waiver.
37. CONTACT INFORMATION
For any questions, feedback, or concerns regarding these Terms, please contact us at:
The Review Foundry
📍 McKinney, Texas
📧 [email protected]
📞 (469) 861-1259
🌐 www.thereviewfoundry.com