We are RESOLVED REVIEWS LLC ("Company," "we," "us," "our"), a company registered in Florida, United States, located in Jacksonville, Florida at 2758-2 Parrish Cemitary Rd, Jacksonville, FL 32221.
We operate the website Resolvedreviews.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
Resolved Reviews helps local businesses win and keep customers through two core services:
Reputation Management. We manage our clients' online reviews from end to end. This includes sending review requests to their customers, monitoring reviews across Google and other platforms, responding to reviews on the client's behalf (thanking positive reviewers and professionally addressing concerns in negative reviews), and following up with customers who leave feedback. We may also repurpose a client's best reviews into marketing content such as social media posts and website widgets.
Phone System Automation. We build and manage automated phone systems that catch calls a business would otherwise miss. When a business cannot answer, our system can answer or respond on the business's behalf, including automated voice answering, voicemail capture, missed-call text-back messages, appointment booking links, and routing messages to the business so no lead falls through the cracks.
Our platform integrates with clients' Google Business Profiles, CRMs, phone lines, and messaging systems to deliver these Services.
You can contact us by phone at 904-925-1902, by email at [email protected], or by mail to 2758-2 Parrish Cemitary Rd, Jacksonville, FL 32221, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and RESOLVED REVIEWS LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
USER REGISTRATION
PURCHASES AND PAYMENT
SUBSCRIPTIONS
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENSE
SOCIAL MEDIA
THIRD-PARTY WEBSITES AND CONTENT
SERVICES MANAGEMENT
PRIVACY POLICY
COPYRIGHT INFRINGEMENTS
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
SMS TEXT MESSAGING
CALIFORNIA USERS AND RESIDENTS
MISCELLANEOUS
DEFINITIONS
SCOPE OF SERVICES
CLIENT RESPONSIBILITIES
MESSAGING CONTENT & AUTOMATION
CALL HANDLING, RECORDING & VOICE AUTOMATION
DATA USE & STORAGE
SERVICE LIMITATIONS & NO GUARANTEES
TERMINATION & SUSPENSION
INDEMNIFICATION CLAUSE
REFERRAL PROGRAM TERMS
CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services "AS IS" for your internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access,
solely for your internal business purpose. Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: [email protected]. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution. You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.
When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels. This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law. We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "COPYRIGHT INFRINGEMENTS" section below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
Visa
Mastercard
American Express
Discover
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Services.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.
Cancellation
You can cancel your subscription at any time by contacting us or, where available, initiating cancellation from within your account. For security and fraud prevention purposes, cancellations must be initiated by the verified account owner or an authorized administrator of the Client's business. Resolved Reviews may require reasonable verification before processing a cancellation request submitted through customer support. Your cancellation will take effect at the end of the current paid billing term unless otherwise specified. If you have any questions or are unsatisfied with our Services, please email us at [email protected].
Fee Changes
We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Use the Services to send communications to individuals who have not consented to receive them, or to individuals on any do-not-contact list.
Use the Services to post, solicit, or facilitate fake, fabricated, or incentivized reviews, or reviews from individuals who are not genuine customers of your business.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, or, except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise outside of your own business's authorized use.
Sell or otherwise transfer your profile.
8. USER GENERATED CONTRIBUTIONS
The Services may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
9. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
Marketing and Publicity Rights (Case Studies and Promotional Use)
Client grants Resolved Reviews LLC permission to use the Client's business name, logo, trademarks, publicly available reviews and testimonials, and general performance results obtained through the Services for marketing and promotional purposes. This may include but is not limited to website case studies, marketing materials, advertisements, presentations, and social media content. If Client prefers not to have their brand used in such marketing materials, Client may request removal by contacting [email protected] and Resolved Reviews will make commercially reasonable efforts to honor such requests going forward.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
10. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Services via your account, and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services.
Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
11. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
12. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
13. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: Resolvedreviews.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
14. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
15. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
17. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law principles.
18. DISPUTE RESOLUTION
Binding Arbitration: Any legal action, claim, or dispute arising out of or relating to these Terms, the Services, or the relationship between you and Resolved Reviews shall be finally resolved by binding arbitration, NOT by court proceedings.
The arbitration shall be administered by JAMS (Judicial Arbitration and Mediation Services) under its Comprehensive Arbitration Rules & Procedures, or if JAMS is unavailable, by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
Arbitration Details:
One arbitrator (not a panel)
Location: Duval County, Florida
Each party bears its own attorneys' fees unless the arbitrator awards them to the prevailing party
The arbitrator may award any relief that would be available in court but CANNOT award punitive or exemplary damages (see Section 21)
The arbitration award is final and binding and may be enforced in any court of competent jurisdiction
Exception: Disputes involving less than $1,000 may be resolved by small claims court if either party elects. Resolved Reviews may also seek injunctive relief in court to prevent breach of IP rights or misuse of the Service.
BY USING THE SERVICES, YOU ARE WAIVING YOUR RIGHT TO SUE RESOLVED REVIEWS IN COURT AND TO HAVE A JURY TRIAL.
Class Action Waiver: YOU AGREE THAT ANY ARBITRATION OR COURT PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY, NOT A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. You waive any right to:
Participate in a class action, collective action, or representative action
Consolidate your claims with claims of other parties
Pursue claims on behalf of others
If this class action waiver is found unenforceable, the entire arbitration clause becomes unenforceable and the dispute shall be governed by the jurisdiction and venue provisions in Section 17.
19. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
20. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, INCLUDING ANY MISSED, DROPPED, OR UNANSWERED PHONE CALLS OR UNDELIVERED TEXT MESSAGES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
THE PHONE AUTOMATION SERVICES ARE NOT AN EMERGENCY SERVICE. THE SERVICES DO NOT SUPPORT AND ARE NOT A SUBSTITUTE FOR 911 OR ANY EMERGENCY CALLING SERVICE.
21. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $500.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Attorney's Fees: In any dispute, action, or proceeding arising from these Terms or use of the Services, whether in arbitration, court, or otherwise, the prevailing party shall be entitled to recover all reasonable attorneys' fees, expert fees, court costs, and other expenses incurred in resolving the dispute. This provision is intended to deter frivolous claims and protect both parties.
EXCLUSION OF CERTAIN DAMAGES: IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY OF THE FOLLOWING, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES:
(a) Punitive, exemplary, or consequential damages (b) Lost profits, lost revenue, or lost business opportunity, including any leads, calls, or customers alleged to have been missed or lost (c) Loss of goodwill or reputational harm (d) Loss of data or information (e) Cost of substitute services or cover (f) Damages arising from third-party actions or End Customer conduct (g) Regulatory fines, penalties, or government action
These exclusions apply regardless of whether the damages were foreseeable.
22. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
23. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
25. SMS TEXT MESSAGING
Opting Out
If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP." You may receive an SMS message confirming your opt out. For help, reply "HELP" or contact us using the information below.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan. Message frequency varies.
No Sharing of Opt-In Data
Phone numbers and SMS opt-in consent are never sold or shared with third parties or affiliates for their marketing purposes.
Support
If you have any questions or need assistance regarding our SMS communications, please email us at [email protected] or call 904-925-1902.
26. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
27. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
Third-Party Beneficiaries: These Terms are entered into solely between the Client and Resolved Reviews LLC. No third party, including but not limited to any End Customer, Caller, employee, contractor, affiliate, or any person contacted via the Services, has any rights, benefits, or remedies under these Terms. End Customers have no ability to enforce these Terms or to sue Resolved Reviews or the Client for any reason, including for receiving unsolicited communications. Any disputes with End Customers are entirely between the Client and such End Customers.
28. DEFINITIONS
Resolved Reviews LLC (also referred to as "Resolved Reviews," "Company," "we," or "us"): The provider of the reputation management and phone automation services described in this agreement.
Client (also referred to as "you" or "Customer"): The business, organization, or individual that has contracted with Resolved Reviews to use the Services. The Client is typically a local business seeking to grow and protect its reputation and capture more customer calls and leads.
End Customer (or "Customer of Client"): An individual or entity who is a customer, patron, caller, or prospective customer of the Client's products or services, and whose contact information is provided to or captured by the Services. This includes people who receive review requests, people who leave reviews that we respond to on the Client's behalf, and people who call the Client's business or receive messages through the phone automation system.
Caller: An End Customer or other individual who places a phone call to a phone number connected to the Services.
Reputation Management Services: The review-related services provided by Resolved Reviews, including sending review request communications, monitoring reviews, drafting and posting responses to reviews on the Client's behalf, following up with reviewers as authorized by the Client, and repurposing review content for the Client's marketing.
Phone Automation Services: The call-handling services provided by Resolved Reviews, including automated answering of missed or unanswered calls, voicemail and message capture, missed-call text-back messages, automated text conversations, appointment booking links, call routing, and, where enabled, call recording and transcription.
Services: The Reputation Management Services and Phone Automation Services collectively, together with any related features, integrations with third-party platforms (e.g., Google Business Profile, social media, CRM systems, telephone carriers), and any software, websites, or applications through which the service is delivered.
Google Business Profile: The Google service for managing online business listings and reviews (previously known as Google My Business). Integration with Google Business Profile in the context of these Terms refers to connecting the Client's Google listing to the Services so that reviews can be requested, monitored, and responded to.
Default Messaging Preferences: The predefined or Client-selected settings within the Services that determine the content and timing of automated messages, including review request messages, missed-call text-back messages, and follow-up messages. This may include standard message templates/scripts provided by Resolved Reviews and schedule rules that are applied unless the Client customizes these settings.
CRM (Customer Relationship Management) System: A third-party software system used by the Client to manage customer information, which may be integrated with the Services.
Applicable Laws: All laws, statutes, regulations, and rules applicable to the Client, Resolved Reviews, and the handling of End Customer data and communications under these Terms. This includes, without limitation, data protection and privacy laws (such as the EU General Data Protection Regulation "GDPR" and the California Consumer Privacy Act "CCPA"), laws relating to electronic communications and marketing (such as the U.S. CAN-SPAM Act and the Telephone Consumer Protection Act "TCPA"), call recording and wiretap laws (including Florida's all-party consent requirements under Fla. Stat. § 934.03 and similar state laws), and any similar state, provincial, or federal laws.
29. SCOPE OF SERVICES
Reputation Management Communications: Resolved Reviews LLC will, on the Client's behalf, send review request communications to the Client's End Customers, monitor reviews posted about the Client's business, and draft and post responses to those reviews on the Client's behalf. Review request communications may be in the form of SMS/text messages, emails, or other electronic messages. These communications are sent in the name of or referencing the Client, making clear to the End Customer that the request or response is coming from the Client (with Resolved Reviews acting in the background as a service provider). Review responses posted on the Client's behalf are posted publicly under the Client's business profile on the applicable review platform.
Review Response Approval: Unless otherwise agreed, the Client authorizes Resolved Reviews to draft and post review responses on the Client's behalf without individual pre-approval of each response, using the tone, guidelines, and standing instructions established during onboarding. The Client may, at any time, request to pre-approve responses before posting, restrict the types of reviews Resolved Reviews responds to, or provide updated response guidelines. The Client remains ultimately responsible for content posted under its business profiles and should notify Resolved Reviews promptly of any response it wishes to have edited or removed, and Resolved Reviews will make commercially reasonable efforts to update or remove such responses where the platform permits.
Phone Automation: Resolved Reviews will configure and operate an automated phone system connected to the Client's business phone number or a number provisioned for the Client. When the Client's business is unable to answer a call, the system may, depending on configuration: answer with an automated voice agent, capture a voicemail or message, send a missed-call text-back message to the caller, carry on an automated text conversation to gather the caller's need and contact information, share a booking link, and notify the Client of the captured lead. The system acts on the Client's behalf and identifies itself as representing the Client's business.
Integrations for Automation: As part of the Services, Resolved Reviews may integrate with various third-party platforms and accounts to streamline and automate these processes. This includes integration with the Client's Google Business Profile, social media or review site accounts, telephone carriers and phone systems, and the Client's CRM or other customer databases. Through these integrations, the Service can automatically pull necessary customer contact information, detect missed calls, and trigger messages without manual intervention by the Client. The Client authorizes Resolved Reviews to connect to and use such integrated systems solely for the purpose of providing the Services.
Default Settings and Customization: The Client will have the ability to configure certain default messaging and call-handling preferences within the Service. By default, Resolved Reviews provides pre-approved message scripts/templates, voice greetings, and recommended cadences. These default settings will be used unless the Client chooses to modify or customize them. The Client can customize message content, voice greetings, the number of follow-ups, timing, and other preferences. If no customization is made, the Client agrees that the standard scripts, greetings, and schedules provided by Resolved Reviews are deemed approved by the Client for use.
Scope Limitations: The Services facilitate review management and call capture. Resolved Reviews does not guarantee that reviews will be positive, that negative reviews will be removed, that review platforms will accept or display any response, or that any particular call will be captured, answered, or converted into business. Removal of reviews is controlled solely by the applicable review platform.
30. CLIENT RESPONSIBILITIES
The Client agrees to the following responsibilities and obligations to ensure that the use of the Services is lawful and effective:
Obtain and Maintain Consent: You must have all legally required permission from each End Customer before Resolved Reviews sends them any SMS or email on your behalf. Prior to uploading or providing any End Customer's contact information to the Service, you will have obtained all necessary and legally required consents to contact that End Customer via the intended communication method. This means, for example, compliance with consent requirements under the Telephone Consumer Protection Act (TCPA) for U.S. text messages and calls, and compliance with email consent requirements under laws like the CAN-SPAM Act. If an End Customer revokes consent or opts out of receiving communications, you are responsible for updating your settings or notifying Resolved Reviews to cease messages to that End Customer.
Call Recording Disclosures: If call recording is enabled on the Client's phone system, the Client is responsible for ensuring that all legally required recording disclosures and consents are in place. Florida requires the consent of all parties to record a call. The Services can include an automated recording notice at the start of calls; the Client is responsible for keeping that notice enabled and accurate, and for complying with the recording laws of any other state its callers may be located in. The Client must not instruct Resolved Reviews to disable legally required recording notices.
Compliance with Data Privacy Laws: You are responsible for adhering to all applicable data protection and privacy laws in relation to End Customer data and communications. This includes, without limitation, regulations such as the GDPR (if you handle data of EU residents), the CCPA for personal data of California residents, and any other international, federal, or state laws regarding personal data, privacy, or electronic communications. You, as the data controller/business, must provide any required privacy notices to your End Customers and, where required, obtain explicit consent for the collection and use of their data (including sharing it with service providers like Resolved Reviews).
Accurate Data and Lawful Use: You are responsible for the accuracy, quality, and legality of the End Customer contact information and any other data you provide to Resolved Reviews. You will only upload or provide data that has been collected lawfully and is up to date. You must not use the Services to send messages to any phone number or email address that is on any do-not-contact list or to individuals who have not consented. You agree not to use the Services for any unlawful, misleading, or abusive purposes, including soliciting fake reviews or sending non-service-related marketing without proper consent.
Truthful Review Practices: You agree that review requests will only be sent to genuine customers of your business, and that you will not use the Services to fabricate, purchase, or incentivize reviews in violation of platform policies, the FTC's rules on consumer reviews and testimonials, or other Applicable Laws. You are responsible for the factual accuracy of any information you provide to Resolved Reviews for use in review responses.
Maintain Integrations, Phone Lines, and Access: If you integrate third-party accounts or systems with the Services (such as a Google Business Profile, Facebook page, CRM, or your business phone line and call forwarding settings), you are responsible for maintaining the continuity and validity of those integrations. This includes keeping login credentials, API keys, tokens, phone number registrations, and call forwarding rules current, and promptly reconnecting or updating them if they change or expire. Resolved Reviews is not responsible for any failure to send messages, capture calls, or post responses to the extent caused by disconnected or broken integrations, disconnected phone lines, or incorrect forwarding settings due to the Client's action or inaction.
Monitoring Captured Leads: The phone automation system captures and forwards leads and messages to the Client. The Client is responsible for reviewing and following up on captured leads in a timely manner. Resolved Reviews is not responsible for business lost because the Client did not act on information the system delivered.
Regulatory Compliance: It is the Client's duty to ensure that its use of the Services (including the content and timing of messages, voice greetings, and recordings) complies with all Applicable Laws. While Resolved Reviews provides the tools and default templates, the Client must ensure that the actual use of those tools meets legal standards. The Client is strongly encouraged to consult its own legal counsel. The Client will be solely responsible for any legal consequences arising from improper use of the Services or failure to comply with applicable laws, and agrees to indemnify Resolved Reviews for any loss or damage resulting from such misuse or non-compliance (as detailed in the Indemnification sections of these Terms).
31. MESSAGING CONTENT & AUTOMATION
Authorization to Send on Client's Behalf: By using the Services, the Client acknowledges and authorizes Resolved Reviews LLC to send SMS messages, emails, and other electronic communications to End Customers on the Client's behalf, and to post review responses publicly under the Client's business profiles. These messages and responses will appear to come from the Client's business (using the sender identity information provided in the Service setup, such as the business name or a designated phone number/email address).
Use of Default Scripts and Cadence: By default, Resolved Reviews utilizes pre-approved message templates, voice greetings, and a standard schedule for follow-ups. The Client agrees that, unless they take action to customize the messaging, the Company may use these defaults on the Client's behalf. The Client has had the opportunity to review these templates during onboarding or in their account settings. By not modifying them, the Client is giving blanket approval for their use.
Client Customization and Control: The Service provides tools for the Client to edit or override default message content, voice greetings, and schedules. If the Client makes such customizations, Resolved Reviews will operate according to the Client's specified content and timing. The Client bears full responsibility for any custom content or schedule they create, and should ensure that any modifications comply with applicable laws and are appropriate for their customer base.
Content Responsibility and Disclaimer: The Client understands that Resolved Reviews acts as the Client's service provider and, for automated communications, as a transmitter of content on the Client's behalf. Whether using default scripts or customized text, the Client is responsible for the content of all messages and review responses sent or posted through the Service under its business identity. Resolved Reviews will exercise reasonable professional care in drafting review responses but does not guarantee any particular reception, and is not liable for claims that communications were misleading, unsolicited, harassing, or otherwise in violation of a recipient's rights or any law where the Client's data, instructions, or settings caused the issue.
Frequency and Cadence of Messages: The default messaging cadence has been configured to be effective without being intrusive. The Client can configure this as needed and acknowledges responsibility for the frequency of messages sent to their End Customers. Resolved Reviews will not be held liable for any complaint or issue arising from the Client's chosen frequency of messages.
Opt-Out Handling: The platform will make reasonable efforts to honor standard opt-out requests from End Customers. If an End Customer replies "STOP" to an SMS, the system will flag that number to prevent further texts, and unsubscribe links in emails will prevent further emails. However, ultimate compliance with opt-out requests is the Client's responsibility. The Client should monitor opt-out notifications and ensure such contacts are not re-uploaded or contacted through other means in violation of their request.
No Liability for Message Outcomes: Resolved Reviews does not guarantee that an End Customer will positively receive or act upon any message. The Company is not liable for outcomes beyond sending messages and posting responses as instructed. For example, if an End Customer reacts negatively to a review request, or if a review response does not resolve a customer's complaint, the Client understands this risk is inherent in customer communications. The Client agrees that it will not hold Resolved Reviews responsible for any damage to its reputation or customer relations arising from communications sent or posted in accordance with these Terms.
32. CALL HANDLING, RECORDING & VOICE AUTOMATION
Authorization to Answer on Client's Behalf: The Client authorizes Resolved Reviews to answer, respond to, and manage calls and messages to the Client's designated business phone number(s) using automated systems that identify themselves as representing the Client's business.
No Emergency Services: THE PHONE AUTOMATION SERVICES DO NOT SUPPORT 911 OR EMERGENCY CALLING. The Client must not represent the automated system as a way to reach emergency services, and acknowledges that callers with emergencies must use other means to reach help.
Call Capture Not Guaranteed: Call capture depends on telephone carriers, forwarding configurations, network conditions, and third-party platforms outside of Resolved Reviews' control. Resolved Reviews does not guarantee that every missed call will be detected, answered, or followed up, or that every message will be delivered. Occasional missed captures, delays, or delivery failures will not constitute a breach of these Terms.
Call Recording and Transcription: Where enabled, calls handled by the Services may be recorded and/or transcribed for quality, record-keeping, and lead-capture purposes. Recordings and transcripts are made available to the Client and processed in accordance with our Privacy Policy. The Client is responsible for the legal compliance obligations described in Section 30 (Call Recording Disclosures).
Automated and AI-Generated Interactions: Portions of the phone and messaging experience may be handled by automated or AI-powered systems. While these systems are configured to be accurate and professional, the Client acknowledges that automated systems may occasionally misunderstand a caller, capture information imperfectly, or respond imprecisely. The Client should review captured leads and messages and is responsible for verifying important details directly with the caller. Resolved Reviews is not liable for business decisions made in reliance on automated transcriptions or summaries without verification.
Carrier Registration and Compliance: Business text messaging in the United States requires registration with carrier programs (such as A2P 10DLC). The Client agrees to cooperate with registration requirements, including providing accurate business information. Carriers and platforms may filter, delay, or block messages at their discretion; Resolved Reviews is not responsible for carrier-level filtering or blocking.
33. DATA USE & STORAGE
Data Processing Agreement: The parties agree that if required under certain laws (such as the GDPR or similar data protection regulations), these Terms, along with the Privacy Policy and any applicable addendums, will serve as a Data Processing Agreement governing Resolved Reviews' processing of personal data on behalf of the Client. The Client's act of agreeing to these Terms is deemed to also constitute signing of such a Data Processing Agreement.
Data Use and Storage: Resolved Reviews securely stores Client account data and related information, including contact lists, message logs, call recordings, and transcripts, for as long as reasonably necessary to provide services, comply with legal obligations, or maintain legitimate business interests. When a Client cancels their account, Resolved Reviews does not automatically delete the Client's data or account information. This is to allow Clients to easily reactivate their account and regain access to historical information, settings, and reports. However, Clients may submit a written request to permanently delete ("purge") all personal and account data from Resolved Reviews' systems. Upon receipt of such a request, Resolved Reviews will take reasonable steps to permanently erase or anonymize the Client's data in accordance with applicable laws and internal data retention policies, except where records must be kept to satisfy legal obligations (for example, billing records and consent records).
34. SERVICE LIMITATIONS & NO GUARANTEES
No Guarantee of Reviews or Outcomes: The Client acknowledges that Resolved Reviews LLC does not and cannot guarantee any specific results from the Services. Using the platform may increase the likelihood of receiving reviews and capturing leads, but Resolved Reviews makes no promise regarding the number of reviews obtained, the content or star ratings of those reviews, the removal of any negative review, the number of calls captured or leads generated, or any improvement in the Client's online reputation, ranking, or business performance. End Customers retain full discretion on whether to respond to a review request and what feedback to provide, and review platforms retain full discretion over what content they publish or remove. Any examples of results or success stories are illustrative only and not guarantees of future performance.
Review Responses Are Professional Communications, Not Legal Advice: Review responses drafted by Resolved Reviews are professional customer-service communications. They are not legal advice, and Resolved Reviews is not responsible for legal disputes between the Client and its customers. For reviews involving legal threats, regulatory complaints, or sensitive allegations, the Client should consult its own counsel before authorizing a response.
No Endorsement or Filtering (No Review Gating): Resolved Reviews does not practice "review gating." We do not send review invitations only to customers likely to be positive and exclude others, and we advise against any Client instruction to do so, as it violates platform rules. All End Customers provided by the Client are generally treated equally in the solicitation process. The Client should be prepared to receive honest feedback, which could be positive or negative.
Service Availability: While Resolved Reviews aims to provide a reliable and accessible service, we do not guarantee uninterrupted or error-free operation at all times. There may be occasional maintenance downtime, technical issues, or outages affecting the ability to send messages, answer calls, or access the platform. The Service's performance can be influenced by third-party systems and networks: SMS and call delivery depend on telecommunications carriers; email delivery depends on internet service and email providers; review integrations depend on Google's and other platforms' APIs being available. Resolved Reviews will make commercially reasonable efforts to ensure high availability and to resolve issues promptly, but the Client understands that some interruptions may occur and agrees that such interruptions, when reasonable in duration, will not constitute a breach of these Terms.
Third-Party Fees and Changes: The Client is responsible for any third-party fees incurred through use of the Service (for example, carrier fees, phone number fees, or fees imposed by integrated third-party services). Resolved Reviews is not liable for those external costs. If a third-party platform (like Google, a carrier, or a CRM provider) changes its policies, APIs, pricing, or availability in a way that affects the Service, Resolved Reviews is not responsible for any resulting limitations.
"As-Is" Service and Disclaimer of Warranties: Resolved Reviews provides the Services on an "as is" and "as available" basis. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, regarding the Services, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or any warranty that the Services will meet the Client's requirements or expectations. The Company does not warrant that the Services will be completely error-free or that any defects will be corrected immediately. The Client assumes all risk as to the results and performance of the Services. No advice or information, whether oral or written, obtained from Resolved Reviews or through the Services, shall create any warranty not expressly stated in these Terms.
35. TERMINATION & SUSPENSION
Termination by Client (Cancellation): The Client may terminate their subscription or stop using the Services at any time by using their account settings (where available) or by providing written notice to Resolved Reviews (such as an email to support). Unless otherwise specified, termination by the Client will be effective at the end of the current billing period for which payment has been made. It is the Client's responsibility to back up or export any data they wish to retain prior to termination. Upon termination, the Client should also update any phone forwarding settings previously configured to route calls to the Services.
Termination or Suspension by Resolved Reviews: Resolved Reviews LLC reserves the right to suspend or terminate the Client's access to the Services, in whole or in part, under the following circumstances:
If the Client breaches any material term of these Terms (including non-payment of fees, violating messaging or review rules, or misuse of the Service) and does not cure that breach within a reasonable time after notice (if a cure is possible).
If the Client is using the Service in a manner that violates any law or regulation, or that materially infringes upon the rights of others (for example, sending messages without consent, soliciting fake reviews, or using the Service to harass individuals).
If the Client's use of the Service poses a security risk to the platform or any third party, or if it could subject Resolved Reviews or any third party to liability.
If the Client is abusing the platform (for instance, by attempting to send an unreasonable volume of messages far beyond normal business practice, or by attempting to probe or disrupt Resolved Reviews' systems).
If required by law or at the request of government authorities.
In most cases, Resolved Reviews will attempt to provide notice to the Client of any suspension or termination, stating the reason and effective date. However, in urgent cases (such as flagrantly illegal activity or security threats), the Company may suspend access immediately without prior notice.
Effect of Termination: Upon termination of the Services (whether by Client or by Company), the Client's right to access or use the Services will cease. Resolved Reviews will stop any further scheduled or automated communications to End Customers on the Client's behalf and will stop answering calls on the Client's behalf. The Client should promptly download or export any of their data from the platform they might need, as Resolved Reviews may delete or disable access to Client data after termination. Resolved Reviews may retain certain information associated with the Client's account for a period of time as part of its internal records, backups, or to comply with legal obligations. Any personal data of End Customers will be handled in accordance with Section 33 (Data Use & Storage), subject to legal retention requirements.
No Refunds on Termination for Cause: If the Client's account is terminated by Resolved Reviews due to a violation of these Terms or unlawful conduct, the Client will not be entitled to any refund of fees paid for the remaining period of any subscription or prepaid service. This forfeiture is in addition to any other remedies that Resolved Reviews may have against the Client.
Reactivation: If a Client's account was suspended (but not fully terminated) for reasons such as non-payment or a remediable breach, the Client may contact Resolved Reviews to discuss reactivation once the issue is resolved. Reactivation may be subject to a reactivation fee at Resolved Reviews' discretion, and the Client may be required to agree to updated Terms if the Terms have changed during the suspension period. Resolved Reviews is under no obligation to reactivate an account if it deems that doing so could result in further violations or risks.
Termination for Convenience by Company: Resolved Reviews reserves the right to terminate the agreement and cease providing Services to the Client for convenience (for example, if the Company decides to discontinue the Service or a portion of it). In such cases, the Company will provide at least 30 days' advance notice to the Client and will refund any prepaid fees covering the period after the termination effective date. This kind of termination is not due to any fault of the Client, and the refund will be the sole remedy to which the Client is entitled in that event.
Survival of Terms: The provisions of these Terms that by their nature should survive termination (such as indemnification, liability limitations, governing law, dispute resolution, and any accrued payment obligations) will continue in effect after the termination or expiration of the Services.
36. INDEMNIFICATION CLAUSE
You represent and warrant that you will only upload, import, or otherwise provide to Resolved Reviews (or grant Resolved Reviews access to) contact information of individuals who have given all legally required consent to receive communications through the Resolved Reviews service. Such communications may include, without limitation, SMS text messages, MMS messages, emails, phone calls, in-app messages, or other forms of electronic communication. You are solely responsible for ensuring that all individuals on any contact or customer list you provide have validly consented and have not withdrawn consent or opted out of receiving such communications.
You agree to defend, indemnify, and hold harmless Resolved Reviews, its affiliates, and each of their respective officers, directors, employees, and agents (the "Indemnified Parties") to the fullest extent permitted by law, from and against any and all claims, actions, liabilities, losses, damages, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or related to any breach of the foregoing obligations or other improper use of the service by you or by any third party using your account or acting on your behalf (including your employees, contractors, clients, or customers). This indemnification includes, but is not limited to, any claims or proceedings arising from:
Lack of Consent: Uploading, importing, or providing access to any contact or personal data without first obtaining all necessary consents from those individuals to receive communications.
Unauthorized Data Sharing: Emailing, transmitting, or otherwise disclosing any contact information to Resolved Reviews (including via CRM integrations or data imports) that includes individuals who have not provided the required consent.
Opt-Out Violations: Initiating or sending any SMS, MMS, email, call, in-app message, or other electronic message via the Resolved Reviews platform to an individual who has opted out of, withdrawn consent for, or otherwise stated refusal to receive such communications.
Recording Violations: Recording or causing the recording of any call without all legally required disclosures or consents, including any instruction by the Client to disable or alter required recording notices.
Review Practice Violations: Using the Services to solicit, fabricate, or incentivize reviews in violation of platform policies, FTC rules, or other Applicable Laws, or providing false information for use in review responses.
Legal Compliance Breaches: Any allegation that communications sent via the service by you (or at your direction) violate applicable laws or regulations, including, without limitation, the U.S. Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, state call recording laws, or any similar federal, state, or international laws governing privacy, data protection, or electronic communications.
This indemnity extends to acts or omissions of your customers or clients to the extent such acts or omissions (if committed by you) would constitute a breach of your obligations hereunder. The indemnification obligations hereunder are intended to apply regardless of the theory of liability or cause of action alleged, and shall survive any termination or expiration of this Agreement.
37. REFERRAL PROGRAM TERMS
Resolved Reviews may offer referral rewards or promotional incentives from time to time. Unless otherwise stated in writing by Resolved Reviews, referral rewards are only issued when both the referring client and the referred business become active paying subscribers in good standing at the time the reward is issued. Referral rewards are not available for trial accounts, inactive accounts, paused accounts, or accounts with overdue balances. Self-referrals are not permitted. Businesses operating under the same ownership, brand, franchise system, corporate group, or parent company are not eligible to refer one another for referral rewards. Any such referrals will be deemed invalid. Resolved Reviews reserves the right to deny, revoke, or reverse any referral reward if the referral is determined to be fraudulent, abusive, or in violation of these Terms. Resolved Reviews may modify, suspend, or terminate the referral program at any time without prior notice.
38. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
RESOLVED REVIEWS LLC 2758-2 Parrish Cemitary Rd, Jacksonville, FL 32221, United States Email: [email protected]