Terms of Service

1. Acceptance of Terms

Welcome to Evolve Review. By accessing or using our review management platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of the Service after changes are posted constitutes your acceptance of the modified Terms.

2. Description of Service

Evolve Review is a review management platform that helps businesses:

• Collect and manage customer contact information
• Send automated review request emails (SMS coming soon)
• Route positive reviews to public review platforms (e.g., Google)
• Collect private feedback from customers who leave lower ratings
• Generate AI-powered responses to customer feedback
• Track and analyze review request performance

3. Account Registration and Eligibility

To use Evolve Review, you must:

• Be at least 18 years of age
• Provide accurate, current, and complete information during registration
• Maintain and update your account information to keep it accurate and current
• Be authorized to bind your business to these Terms
• Comply with all applicable laws and regulations

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.

4. Subscription and Billing

4.1 Free Trial

New users may receive a 14-day free trial period on select plans. You must provide valid payment information to start your trial. Your payment method will not be charged during the trial period. At the end of the trial, you will automatically be charged the then-current subscription fee unless you cancel before the trial period ends.

4.2 Subscription Fees

We offer multiple subscription tiers ranging from $49 to $279 per month. Subscription fees vary based on the plan selected and are billed monthly in advance. Subscription fees are non-refundable except as required by law.

4.3 Payment Processing

All payments are processed securely through Stripe. By providing payment information, you authorize us to charge your payment method for all fees incurred. You agree to maintain valid payment information on file.

4.4 Automatic Renewal

Your subscription will automatically renew each month unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings or by contacting support.

4.5 Cancellation and Refunds

You may cancel your subscription at any time. If you cancel during your free trial, you will not be charged. If you cancel after your trial period, cancellation will take effect at the end of your current billing period. We do not provide refunds for partial months or unused portions of the Service, except as required by law or in our sole discretion.

4.6 Price Changes

We reserve the right to change our pricing at any time. We will provide you with at least 30 days' notice of any price increases. Your continued use of the Service after a price increase constitutes your acceptance of the new pricing.

5. Acceptable Use Policy

You agree to use Evolve Review only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service to send spam, unsolicited commercial messages, or fraudulent communications
• Upload or send customer contact information without proper consent
• Violate any applicable laws, including CAN-SPAM, TCPA, GDPR, or CCPA
• Use the Service to solicit fake or fraudulent reviews
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service or servers
• Use automated systems to scrape or collect data from the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell, sublicense, or redistribute the Service without our written permission
• Use the Service in any way that could damage our reputation or business

We reserve the right to suspend or terminate your account immediately if we determine, in our sole discretion, that you have violated this Acceptable Use Policy.

6. Customer Data and Privacy

You are solely responsible for ensuring that you have the legal right to collect, store, and use the customer contact information you upload to Evolve Review. You represent and warrant that:

• You have obtained proper consent from your customers to send them review requests
• You comply with all applicable privacy laws and regulations
• Your customer data does not violate any third-party rights
• You will not upload sensitive personal information (e.g., health data, financial account numbers, Social Security numbers)

Our collection and use of your data is governed by our Privacy Policy. You retain all ownership rights to your customer data. We will not use your customer data for any purpose other than providing the Service.

7. Intellectual Property Rights

The Service, including all content, features, and functionality, is owned by Evolve Review and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Service for your business purposes in accordance with these Terms.

You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer or attempt to extract the source code of the Service.

8. Service Availability and Support

We strive to provide reliable service, but we do not guarantee that the Service will be uninterrupted, error-free, or completely secure. We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.

We provide customer support via email at support@evolvereview.com. We will make reasonable efforts to respond to support requests within 48 business hours.

9. Third-Party Services

Evolve Review integrates with third-party services including Clerk (authentication), Stripe (payments), Resend (email), Twilio (SMS - coming soon), and OpenAI (AI responses). Your use of these integrated services is subject to their respective terms of service and privacy policies. We are not responsible for the actions or policies of third-party service providers.

10. Disclaimers and Limitation of Liability

10.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVOLVE REVIEW SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Service
• Any unauthorized access to or use of your account or data
• Any interruption or cessation of the Service
• Any bugs, viruses, or other harmful code transmitted through the Service
• Any errors or omissions in any content or data
• Any third-party actions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

11. Indemnification

You agree to indemnify, defend, and hold harmless Evolve Review and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of a third party
• Your customer data or review requests sent through the Service
• Any claim that your use of the Service caused damage to a third party

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination:

• Your right to use the Service will immediately cease
• You will no longer have access to your account or customer data
• You will remain liable for all charges incurred prior to termination
• We may delete your account and data after 30 days, subject to applicable law

You may request a copy of your customer data before termination by contacting support@evolvereview.com. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in English in Delaware. The arbitrator's decision shall be final and binding.

You agree to waive your right to a jury trial and to participate in a class action lawsuit or class-wide arbitration.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Evolve Review regarding the Service.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

14.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

15. Contact Information

If you have any questions about these Terms of Service, please contact us at:

Email: support@evolvereview.com

We will respond to your inquiry within 48 business hours.