We are Review Regal ("Company," "we," "us," "our"), a company registered in Ontario, Canada, operating from Brampton, Ontario.
We operate the website https://reviewregal.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").
Review Regal is a comprehensive reputation management and digital marketing company designed to help businesses elevate their online presence and build trust with consumers. Our services include: automated review requests sent via text and email to encourage satisfied customers to share their experiences on Google and other leading review sites; reputation monitoring and insights across multiple platforms; AI-powered review response generation; social review posting; personalized review campaign images; review routing systems; CRM integration; website design and development; search engine optimization (SEO); and digital advertising management.
You can contact us by email at [email protected], or by mail to Brampton, Ontario, Canada.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("Client," "you," "your"), and Review Regal, 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.
TABLE OF CONTENTS
1. Our Services
2. Intellectual Property Rights
3. User Representations
4. User Registration
5. Purchases and Payment
6. Subscriptions
7. Prohibited Activities
8. User Generated Contributions
9. Contribution License
10. Social Media
11. Third-Party Websites and Content
12. Services Management
13. Privacy Policy
14. Copyright Infringements
15. Term and Termination
16. Modifications and Interruptions
17. Governing Law
18. Dispute Resolution
19. Corrections
20. Disclaimer
21. Limitations of Liability
22. Indemnification
23. User Data
24. Electronic Communications, Transactions, and Signatures
25. SMS Text Messaging
26. Definitions
27. Scope of Services
28. Client Responsibilities
29. Messaging Content and Automation
30. Data Use and Storage
31. Service Limitations and No Guarantees
32. Termination and Suspension
33. Indemnification Clause
34. Miscellaneous
35. 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 treaties in Canada 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.
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
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 ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.
When you post 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, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section.
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.
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, and payments processed through Stripe.
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.
All payments shall be in Canadian Dollars (CAD) unless otherwise specified. Applicable taxes may be added where required by law. We may change prices at any time. 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.
Free Trial
We may offer a free trial period (currently fourteen (14) days) for new subscribers. During the trial period, you will have access to the features of your selected plan at no cost. You must provide valid payment information to start a free trial. If you do not cancel before the trial period ends, your subscription will automatically convert to a paid subscription at the applicable monthly rate. You are responsible for cancelling before the trial period ends if you do not wish to be charged.
Cancellation
You can cancel your subscription at any time by logging into your account and initiating cancellation from within the platform, or by contacting us at [email protected]. Your cancellation will take effect at the end of the current paid billing term. No refunds will be issued for the remaining portion of a billing cycle after cancellation.
Fee Changes
We may, from time to time, make changes to the subscription fee and will communicate any price changes to you with at least thirty (30) days’ notice before any price changes take effect on your account.
7. Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:
•Systematically retrieve data or other content from the Services to create or compile 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
•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
•Upload or transmit viruses, Trojan horses, or other material that interferes with any party’s use 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
•Attempt to impersonate another user or person
•Interfere with, disrupt, or create an undue burden on the Services or the networks connected to the Services
•Harass, annoy, intimidate, or threaten any of our employees or agents
•Attempt to bypass any measures of the Services designed to prevent or restrict access
•Copy or adapt the Services’ software
•Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising the Services
•Post, solicit, or incentivize fake, misleading, or fraudulent reviews
•Use the Services to send unsolicited spam or communications to individuals who have not consented
•Sell or otherwise transfer your profile
•Use the Services as part of any effort to compete with us
8. User Generated Contributions
The Services may provide you with the opportunity to create, submit, post, display, transmit, 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.
When you create or make available any Contributions, you represent and warrant that your Contributions are not false, inaccurate, or misleading; are not unsolicited or unauthorized advertising; are not obscene, harassing, or otherwise objectionable; do not violate any applicable law, regulation, or rule; and do not violate the privacy or publicity rights of any third party.
9. Contribution License
By posting your Contributions to any part of the Services, 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, store, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions for any purpose, commercial, advertising, or otherwise.
Marketing and Publicity Rights
Client grants Review Regal 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 Review Regal 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 associated with 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 providing your Third-Party Account login information through the Services or allowing us to access your 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. By granting us access, you understand that we may access, make available, and store content from your Third-Party Account so that it is available on and through the Services via your account.
Please note that if a Third-Party Account or associated service becomes unavailable or our access is terminated by the third-party provider, content may no longer be available through the Services. Your relationship with the third-party service providers is governed solely by your agreement(s) with such providers.
11. Third-Party Websites and Content
The Services may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, and other content 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.
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. 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.
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 violates the law or these Legal Terms; (3) refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof; (4) 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 at https://www.reviewregal.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.
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. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a notification.
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, 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.
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.
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. 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, resulting in interruptions, delays, or errors. 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.
17. Governing Law
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
18. Dispute Resolution
Good-Faith Negotiation
Any dispute arising out of or relating to these Terms shall first be resolved through good-faith negotiations between the parties for a period of at least thirty (30) days.
Binding Arbitration
If the dispute cannot be resolved through negotiation, either party may submit the dispute to binding arbitration administered in Brampton, Ontario, in accordance with the rules of the ADR Institute of Canada. The arbitration shall be conducted by one arbitrator. The decision of the arbitrator shall be final and binding on both parties and may be enforced in any court of competent jurisdiction.
BY USING THE SERVICES, YOU ARE WAIVING YOUR RIGHT TO SUE REVIEW REGAL IN COURT AND TO HAVE A TRIAL BY JURY.
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, consolidate your claims with claims of other parties, or pursue claims on behalf of others.
19. Corrections
There may be information on the Services that contains typographical errors, inaccuracies, or omissions. 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 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 RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS.
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 THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR CAD $500.00.
EXCLUSION OF CERTAIN DAMAGES: IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, OR BUSINESS OPPORTUNITY; LOSS OF GOODWILL OR REPUTATIONAL HARM; LOSS OF DATA OR INFORMATION; COST OF SUBSTITUTE SERVICES; DAMAGES ARISING FROM THIRD-PARTY ACTIONS OR END CUSTOMER CONDUCT; OR 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 legal 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.
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.
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.
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.
Carrier Liability Disclaimer
Review Regal, its carriers, and mobile service providers (including but not limited to Rogers, Bell, Telus, Freedom Mobile, and other wireless carriers) are not liable for delayed, undelivered, or misdirected messages. Carriers are not responsible for the content of any messages sent through the Service. Delivery of SMS/MMS messages is subject to effective transmission by your mobile carrier and is outside of Review Regal's control.
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.
Support
If you have any questions or need assistance regarding our SMS communications, please email us at [email protected].
26. Definitions
Review Regal (also referred to as "Company," "we," or "us"): The provider of the review request, reputation management, and digital marketing services described in this agreement.
Client (also referred to as "you" or "Customer"): The business, organization, or individual that has contracted with Review Regal to use the Services. The Client is typically a business seeking to improve or gather feedback on its services or products via customer reviews, or seeking website, SEO, or advertising services.
End Customer (or "Customer of Client"): An individual or entity who is a customer, patron, or user of the Client’s products or services, and whose contact information is provided to Review Regal for the purpose of sending review requests. These are the end recipients of SMS, email, or other communications requesting a review on behalf of the Client.
Services: The review request services, reputation management tools, website design, SEO, advertising management, and related features provided by Review Regal under these Terms. This includes the automated sending of review solicitation communications to End Customers on the Client’s behalf, integrations with third-party platforms, 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. Integration with Google Business Profile refers to connecting the Client’s Google listing to the Services so that End Customers can be directed to leave Google reviews.
Default Messaging Preferences: The predefined or Client-selected settings within the Services that determine the content and timing of review request messages, including standard templates and schedule rules.
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, Review Regal, and the handling of End Customer data and communications. This includes, without limitation, PIPEDA, CASL, provincial privacy legislation, and any other applicable federal, provincial, or international laws regarding personal data, privacy, or electronic communications.
27. Scope of Services
Review Request Communications
Review Regal will, on the Client’s behalf, send out review request communications to the Client’s End Customers. These communications may be in the form of SMS/text messages, emails, or other electronic messages, and will typically invite or remind End Customers to leave a review about their experience with the Client’s business. The messages are sent in the name of or referencing the Client, with Review Regal acting as a service provider.
Integrations for Automation
As part of the Services, Review Regal may integrate with various third-party platforms and accounts to streamline and automate the review request process. This includes integration with the Client’s Google Business Profile, social media accounts, review site accounts, and CRM or other customer databases. The Client authorizes Review Regal to connect to and use such integrated systems solely for the purpose of providing the Services.
Website, SEO, and Advertising Services
In addition to review management, Review Regal may provide website design and development, search engine optimization (SEO), and digital advertising management services as part of the Client’s selected plan or as additional services. The scope, deliverables, and timelines for these services will be agreed upon between the Client and Review Regal.
Default Settings and Customization
Review Regal provides pre-approved message scripts/templates and a recommended messaging cadence. These default settings will be used to send review requests unless the Client customizes them. If no customization is made, the Client agrees that the standard scripts and schedule are deemed approved by the Client for use.
Scope Limitations
The review request Services are intended solely for the purpose of requesting customer reviews and related customer feedback. Review Regal does not guarantee that reviews will be positive or that negative reviews will be removed. Results from SEO, website, and advertising services are also not guaranteed, as they depend on many factors outside of Review Regal’s control.
28. Client Responsibilities
The Client agrees to the following responsibilities:
•Obtain and Maintain Consent: You must have explicit permission from each End Customer before Review Regal sends them any SMS or email. You must comply with CASL opt-in requirements for Canadian recipients, and any applicable laws for recipients in other jurisdictions. If an End Customer opts out, you are responsible for ensuring messages cease.
•Compliance with Data Privacy Laws: You are responsible for adhering to all applicable data protection and privacy laws, including PIPEDA, CASL, and any applicable provincial privacy legislation, in relation to the End Customer data and communications.
•Accurate Data and Lawful Use: You are responsible for the accuracy, quality, and legality of the End Customer contact information you provide. You must not use the Services to send messages to any individual who has not consented.
•Maintain Integrations and Access: If you integrate third-party accounts or systems, you are responsible for maintaining the continuity and validity of those integrations, including keeping credentials and API keys up to date. Review Regal is not responsible for any service failures caused by disconnected integrations.
•Regulatory Compliance: It is your duty to ensure that your use of the Services complies with all Applicable Laws. You are strongly encouraged to consult your own legal counsel.
29. Messaging Content and Automation
Authorization to Send on Client’s Behalf
By using the Services, the Client acknowledges and authorizes Review Regal to send SMS messages, emails, and other electronic communications to End Customers on the Client’s behalf.
Use of Default Scripts and Cadence
By default, Review Regal utilizes pre-approved message templates and a standard schedule for follow-ups. The Client agrees that, unless they customize the messaging, we may use these defaults on the Client’s behalf.
Client Customization and Control
The Service provides tools for the Client to edit or override the default message content and schedule. The Client bears full responsibility for any custom message content or schedule they create.
Content Responsibility and Disclaimer
The Client is responsible for the content of all review request messages sent through the Service, whether using default scripts or customized text. Review Regal does not independently verify or censor the message content and is not liable for any issues arising from the messages.
Opt-Out Handling
Review Regal’s platform will make reasonable efforts to honor standard opt-out requests from End Customers (e.g., replying "STOP" to an SMS). However, ultimate compliance with opt-out requests is the Client’s responsibility.
No Liability for Message Outcomes
Review Regal does not guarantee that an End Customer will positively receive or act upon any message. The Company is not liable for any outcomes of the messages beyond sending them as instructed.
30. Data Use and Storage
Review Regal securely stores Client account data and related information for as long as reasonably necessary to provide services, comply with legal obligations, or maintain legitimate business interests.
When a Client cancels their account, Review Regal 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 Review Regal’s systems. Upon receipt of such a request, Review Regal will take reasonable steps to permanently erase or anonymize the Client’s data in accordance with applicable laws and internal data retention policies.
31. Service Limitations and No Guarantees
No Guarantee of Reviews or Outcomes
The Client acknowledges that Review Regal does not and cannot guarantee any specific results from the Services. We make no promise regarding the number of reviews obtained, the content or ratings of those reviews, or any improvement in online reputation or business performance. Similarly, we make no guarantees regarding specific SEO rankings, website traffic, or advertising results.
Service Availability
While Review Regal aims to provide a reliable service, we do not guarantee uninterrupted or error-free operation at all times. The Service’s performance can be influenced by third-party systems and networks.
Third-Party Fees and Changes
The Client is responsible for any third-party fees that might be incurred through use of the Service. If a third-party platform changes its policies, APIs, pricing, or availability, Review Regal is not responsible for any resulting limitations.
"As-Is" Service
Review Regal provides the Services on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, regarding the Services, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
32. Termination and Suspension
Termination by Client
The Client may cancel their subscription at any time through account settings or by contacting us. Termination will be effective at the end of the current billing period.
Termination or Suspension by Review Regal
Review Regal reserves the right to suspend or terminate the Client’s access if: the Client breaches any material term of these Terms; the Client uses the Service in a manner that violates any law; the Client’s use poses a security risk; or the Client is abusing the platform.
Effect of Termination
Upon termination, the Client’s right to access the Services will cease. Review Regal will stop any scheduled communications to End Customers. The Client should export any needed data before termination.
No Refunds on Termination for Cause
If the Client’s account is terminated due to a violation of these Terms, the Client will not be entitled to any refund of fees paid.
Survival of Terms
Provisions that by their nature should survive termination (such as indemnification, liability limitations, governing law, and dispute resolution) will continue in effect after termination.
33. Indemnification Clause
You represent and warrant that you will only upload, import, or otherwise provide to Review Regal contact information of individuals who have given their explicit prior consent to receive communications through our Service.
You agree to defend, indemnify, and hold harmless Review Regal, its affiliates, and each of their respective officers, directors, employees, and agents from and against any and all claims, actions, liabilities, losses, damages, judgments, fines, penalties, costs, and expenses (including reasonable legal fees) arising out of or related to any breach of the foregoing obligations or other improper use of the service by you.
This indemnification includes, but is not limited to, any claims arising from:
•Lack of Consent: Uploading or providing contact data without first obtaining all necessary explicit consents.
•Unauthorized Data Sharing: Transmitting contact information to Review Regal that includes individuals who have not provided the required consent.
•Opt-Out Violations: Sending communications via the platform to individuals who have opted out or withdrawn consent.
•Legal Compliance Breaches: Any allegation that communications sent via the service violate applicable laws including CASL, PIPEDA, or any similar federal, provincial, or international laws governing privacy, data protection, or electronic communications.
These indemnification obligations shall survive any termination or expiration of this Agreement.
34. Miscellaneous
Modifications to Terms: Review Regal reserves the right to modify or update these Terms at any time. We will provide reasonable notice of modifications. Your continued use of the Services after the effective date constitutes your acceptance of the changes.
Entire Agreement: These Terms (including any documents incorporated by reference such as our Privacy Policy) constitute the entire agreement between the Client and Review Regal regarding the Services, superseding all prior understandings or agreements.
Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable or, if not possible, severed from these Terms. All other provisions remain in full force and effect.
No Waiver: No failure or delay by either party in exercising any right under these Terms shall operate as a waiver of that right.
Assignment: The Client may not assign or transfer any rights or obligations under these Terms without our prior written consent. Review Regal may assign its rights and obligations freely to an affiliate or in the event of a merger, acquisition, or sale of assets.
Relationship of Parties: The relationship between Review Regal and the Client is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, franchise, or agency relationship.
Force Majeure: Review Regal shall not be liable for any delay or failure to perform its obligations caused by circumstances beyond its reasonable control, including natural disasters, government actions, internet or telecommunications outages, power failures, cyberattacks, pandemics, and other events of similar nature.
Third-Party Beneficiaries: These Terms are entered into solely between the Client and Review Regal. No third party has any rights, benefits, or remedies under these Terms.
Notices: Any notices or communications required under these Terms will be given to the contact information we have on file. Notices to Review Regal should be sent to [email protected].
35. 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:
