1. Agreement to Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and RatingsRise (“Company,” “we,” “us,” or “our”). By accessing or using the RatingsRise platform, website, mobile application, or any related services (collectively, the “Service”), you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.
RatingsRise is a brand operated by Beyond The Flats LLC. References to “RatingsRise,” “Company,” “we,” “us,” and “our” include Beyond The Flats LLC, doing business as RatingsRise.
We may update these Terms from time to 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 any changes constitutes acceptance of the revised Terms.
2. Description of Service
RatingsRise is a software-as-a-service (SaaS) platform that helps local businesses collect, manage, and respond to online reviews. The Service includes, but is not limited to:
- Automated review request delivery via SMS and email
- Google Business Profile integration and review monitoring
- AI-powered review reply assistance
- Analytics and reporting dashboards
- Customer relationship management tools
- Campaign management and scheduling
- QR code and review link generation
- API and webhook integrations
3. Account Registration
To use the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You must be at least 18 years of age or the age of legal majority in your jurisdiction to create an account. If you are using the Service on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms.
4. Acceptable Use
You agree to use the Service only for lawful purposes. You shall not:
- Send review requests to individuals who have not provided consent or with whom you do not have an existing business relationship
- Use the Service to send spam, unsolicited messages, or messages that violate applicable anti-spam laws (including the TCPA, CAN-SPAM Act, and CASL)
- Create, solicit, or facilitate fake, fraudulent, or misleading reviews in violation of platform guidelines (including Google's review policies)
- Engage in review gating — selectively directing only satisfied customers to leave public reviews while suppressing negative feedback
- Offer incentives (monetary or otherwise) in exchange for reviews in violation of third-party platform policies
- Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Service
- Use the Service to transmit viruses, malware, or any harmful code
- Access or attempt to access another user's account without authorization
- Use the Service in any manner that could disable, overburden, or impair the Service or interfere with any other party's use of the Service
We reserve the right to suspend or terminate your account immediately if we determine, in our sole discretion, that you have violated these Terms or are using the Service in a manner that could expose us or other users to liability.
5. SMS and Email Communications
You acknowledge that the Service enables you to send SMS text messages and emails to your customers on your behalf. You are solely responsible for:
- Obtaining proper consent from recipients before sending messages, as required by applicable laws and regulations
- Complying with all applicable telecommunications and marketing laws, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and any state or local regulations
- Honoring opt-out requests promptly — RatingsRise automatically processes STOP replies for SMS, but you must ensure your practices comply with the law
- The content of all messages sent through the Service
RatingsRise is not responsible for any claims, damages, or penalties arising from messages you send through the Service. You agree to indemnify and hold us harmless from any such claims.
6. Subscription Plans and Payments
6.1 Plans
The Service is offered under various subscription plans, including a free tier with limited features. Paid plans are billed on a monthly or annual basis as selected at the time of purchase. Plan details, pricing, and feature limits are described on our Pricing page.
6.2 Billing
By subscribing to a paid plan, you authorize us to charge the payment method on file at the beginning of each billing cycle. All fees are quoted in U.S. dollars unless otherwise stated. You are responsible for all applicable taxes.
6.3 Refunds
Payments are non-refundable except as required by law or as specifically stated in a promotional offer. If you cancel a paid plan, you will retain access to paid features until the end of the current billing period.
6.4 Price Changes
We reserve the right to change our pricing at any time. We will provide at least 30 days' advance notice of any price increase. If you do not agree to the new pricing, you may cancel your subscription before the new price takes effect.
7. Intellectual Property
7.1 Our Property
The Service, including all software, designs, text, graphics, logos, icons, and other content (collectively, “RatingsRise Content”), is owned by RatingsRise or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the RatingsRise Content without our prior written consent.
7.2 Your Content
You retain ownership of all content you submit to the Service, including customer data, review replies, message templates, and branding assets (“User Content”). By using the Service, you grant us a limited, non-exclusive, worldwide license to use, process, and store your User Content solely for the purpose of providing and improving the Service.
7.3 Feedback
If you provide feedback, suggestions, or ideas about the Service, you grant us an unrestricted, irrevocable, perpetual license to use such feedback for any purpose without compensation or attribution.
8. Third-Party Integrations
The Service integrates with third-party platforms including Google Business Profile, Twilio, Stripe, and others. Your use of these integrations is subject to the respective third party's terms of service and privacy policies. We are not responsible for the availability, accuracy, or conduct of any third-party service.
Google review data displayed in the Service is obtained through authorized API access. You acknowledge that Google's terms of service govern the use of Google reviews and that RatingsRise does not control or guarantee the availability of Google's APIs.
9. AI-Generated Content
The Service includes AI-powered features that generate review reply drafts and other content suggestions. AI-generated content is provided as a convenience and should be reviewed by you before publishing. You are solely responsible for the accuracy, appropriateness, and legal compliance of any AI-generated content that you choose to publish. We make no warranties regarding the accuracy or suitability of AI-generated content.
10. Data and Privacy
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your data. By using the Service, you consent to the practices described in the Privacy Policy.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RATINGSRISE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
12. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
13. Indemnification
You agree to indemnify, defend, and hold harmless RatingsRise and its officers, directors, employees, contractors, 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: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property, privacy, or publicity right; or (d) any messages or communications you send through the Service.
14. Termination
You may terminate your account at any time by contacting us or through the account settings. We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including Intellectual Property, Limitation of Liability, Indemnification, and Governing Law) shall survive.
Upon termination, we will retain your data for 30 days, during which you may request an export. After 30 days, your data may be permanently deleted.
15. Governing Law and Disputes
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 administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware, and the arbitrator's decision shall be final and binding.
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
16. 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.
17. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and RatingsRise regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.
18. Contact Us
If you have questions about these Terms, please contact us at ratingsrise.com/contact or email us at legal@ratingsrise.com.