These Terms and Conditions ("Terms") constitute a legally binding agreement between you, whether individually or on behalf of a business entity ("Client" or "you"), and Konstrumedia LLC, a Florida limited liability company operating the Reviewmation service brand ("Reviewmation," "we," "us," or "our").
Reviewmation operates at reviewmation.com and provides managed reputation and social media distribution services, including automated review collection via SMS, email, and WhatsApp, AI-assisted review response, and social media content distribution from five-star reviews.
BY ACCESSING OR USING THE SERVICES, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU ARE PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
The Services are available only to users who are at least 18 years of age. Use of the Services on behalf of a business constitutes a representation that the person accepting these Terms has authority to bind that business.
We may update these Terms at any time. Updated Terms will be posted at reviewmation.com/terms with a revised Effective Date. Continued use of the Services after any update constitutes acceptance of the revised Terms.
Table of Contents
1. Our Services
2. Intellectual Property
3. User Representations
4. Account Registration
5. Purchases & Payment
6. Subscriptions & Billing
7. Prohibited Activities
8. User Contributions & License
9. Social Media Integrations
10. Third-Party Websites & Platforms
11. Services Management
12. Privacy Policy
13. Copyright Infringement
14. Definitions
15. Scope of Services
16. Client Responsibilities
17. Messaging Content & Automation
18. Data Use & Storage
19. Service Limitations & No Guarantees
20. Term & Termination
21. Disclaimer
22. Limitations of Liability
23. Indemnification
24. Governing Law
25. Dispute Resolution
26. Electronic Communications
27. SMS, Email & WhatsApp Messaging
28. Miscellaneous
29. Contact Us
1. Our Services
Reviewmation is a managed service brand of Konstrumedia LLC that provides local businesses with automated reputation and social media distribution services. The Services include:
- Automated Review Requests: Sending review solicitation messages to End Customers on the Client's behalf via SMS, email, and WhatsApp, using proven message scripts and strategic timing cadences.
- AI-Assisted Review Responses: Generating personalized responses to Google reviews using AI tools including Anthropic (Claude), OpenAI (ChatGPT), Google (Gemini), and GoHighLevel AI workflows.
- Social Media Content Distribution: Repurposing five-star reviews into branded social media content and distributing it across the Client's connected social accounts.
- Reputation Monitoring & Reporting: Providing dashboards, analytics, and notifications related to the Client's review activity.
- System Integrations: Connecting with the Client's CRM (including GoHighLevel), Google Business Profile, and social media accounts to automate workflows.
The Services are intended for business use. Konstrumedia LLC reserves the right to limit availability of the Services based on geographic location or applicable law.
2. Intellectual Property Rights
Our Intellectual Property
Konstrumedia LLC owns or licenses all intellectual property in the Services, including source code, platform functionality, software, website design, graphics, content, trademarks, and service marks (collectively, "Content" and "Marks"). The Reviewmation name and brand are trade names of Konstrumedia LLC. All Content and Marks are protected under U.S. copyright, trademark, and other applicable intellectual property laws.
License to You
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes. No Content or Marks may be copied, reproduced, distributed, sold, or exploited for any commercial purpose without our prior written consent.
Your Submissions
By submitting feedback, suggestions, or other content to us, you assign all intellectual property rights in that submission to Konstrumedia LLC. We may use such submissions without restriction or compensation to you.
Marketing and Case Study Rights
By using the Services, Client grants Konstrumedia LLC permission to use the Client's business name, logo, publicly available reviews, testimonials, and general performance results for marketing, case studies, and promotional purposes, including on our website and social media. Clients who prefer not to be featured may opt out by contacting [email protected].
3. User Representations
By using the Services, you represent and warrant that:
- All registration information you provide is true, accurate, current, and complete.
- You have the legal capacity and authority to enter into these Terms on behalf of yourself or your business.
- You are at least 18 years of age.
- You will not access the Services through automated or non-human means unless expressly authorized.
- Your use of the Services will not violate any applicable law or regulation.
- All End Customer contact data you provide has been collected lawfully and with the required consents.
If any information you provide is false, inaccurate, or incomplete, we reserve the right to suspend or terminate your account and refuse current or future use of the Services.
4. Account Registration
You may be required to create an account to access the Services. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to reclaim or change usernames that are inappropriate or objectionable in our sole discretion.
5. Purchases & Payment
We accept the following payment methods through Stripe: Visa, Mastercard, American Express, Discover, and other methods supported by Stripe at the time of purchase. All payments are in U.S. dollars. You agree to provide accurate, current, and complete payment information and to promptly update that information as needed.
We reserve the right to change prices at any time and to correct pricing errors. Sales tax will be applied where required by law. We may refuse or cancel any order in our sole discretion, including orders that appear to be placed for resale or by automated means.
In addition to subscription fees, Clients acknowledge that SMS, email, and WhatsApp message delivery incurs per-message costs from third-party carriers and messaging platforms. These costs are passed through to the Client at cost with no markup. For most clients these costs are minimal (typically under $5/month) and vary based on message volume and delivery channel.
6. Subscriptions & Billing
Billing and Renewal
Subscriptions automatically renew at the end of each billing cycle unless canceled. By subscribing, you authorize us to charge your payment method on a recurring basis without requiring separate approval for each charge.
Cancellation
You may cancel your subscription at any time through your account settings or by contacting us at [email protected]. Cancellations take effect at the end of the current paid billing period unless otherwise specified. No partial refunds are issued for unused days in a billing period except as required by applicable law or as provided in Section 20 (Term & Termination).
For security purposes, cancellations requested through customer support may require identity verification before processing.
Fee Changes
We may modify subscription fees at any time and will notify you in advance in accordance with applicable law. Continued use of the Services after a price change takes effect constitutes acceptance of the new fee.
7. Prohibited Activities
You may not use the Services for any purpose other than those expressly authorized by these Terms. Prohibited activities include, without limitation:
- Uploading or transmitting contact data obtained without lawful consent or collected in violation of applicable law.
- Using the Services to send unsolicited, deceptive, harassing, or abusive messages to End Customers.
- Systematically scraping, extracting, or compiling data from the Services without written authorization.
- Circumventing, disabling, or interfering with security features of the platform.
- Impersonating another user, person, or entity.
- Using the Services in a manner that violates any applicable law or regulation, including the TCPA, CAN-SPAM Act, or WhatsApp Business Policy.
- Attempting to reverse-engineer, decompile, or disassemble any portion of the Services.
- Uploading viruses, malware, or any harmful code to the platform.
- Using the Services to compete with Reviewmation or to build a similar or competing service.
- Engaging in review gating — sending review requests only to customers expected to leave positive reviews while filtering out others — in violation of Google's or any other platform's policies.
- Attempting to manipulate, fabricate, or incentivize reviews in a manner that violates applicable platforms policies or laws.
- Selling, transferring, or sublicensing your account or access to the Services without prior written consent.
8. User Contributions & License
If you submit, post, or transmit any content through the Services ("Contributions"), you represent that you own or have the necessary rights to that content and that it does not infringe any third-party rights or violate any law.
By making Contributions available through the Services, you grant Konstrumedia LLC a non-exclusive, worldwide, royalty-free, irrevocable license to use, reproduce, distribute, display, and create derivative works from such Contributions for the purpose of operating and improving the Services.
You retain ownership of your Contributions. We are not responsible for any Contribution you submit and may remove or edit any Contribution at our discretion without notice.
9. Social Media Integrations
The Services enable connection with third-party social media accounts and platforms ("Third-Party Accounts"), including Google Business Profile, Facebook, Instagram, and others. By connecting a Third-Party Account, you represent that you have the authority to do so and that such connection does not violate the terms governing that account.
Reviewmation's access to connected Third-Party Accounts is limited to the scope necessary to deliver the Services (e.g., posting review-based social content). We do not access, store, or use data from Third-Party Accounts beyond what is required to provide the agreed Services.
You may disconnect Third-Party Accounts at any time through your account settings. Your relationship with each third-party platform is governed solely by that platform's own terms and policies.
10. Third-Party Websites & Platforms
The Services may link to or integrate with third-party platforms, including Google, social media networks, and CRM systems. Reviewmation does not control these platforms and is not responsible for their content, availability, policies, or actions. Inclusion of or integration with any third-party platform does not constitute our endorsement.
Third-party platforms such as Google may remove, modify, or restrict reviews and content at their sole discretion and without notice. Reviewmation cannot guarantee the visibility, permanence, or treatment of content published to third-party platforms. Changes to third-party APIs or policies that affect the functionality of the Services are outside our control and do not constitute a breach of these Terms.
11. Services Management
We reserve the right, but not the obligation, to monitor the Services for violations of these Terms; take appropriate action against users who violate applicable law or these Terms; remove or disable content that is excessive, harmful, or burdensome to our systems; and otherwise manage the Services to protect our rights and ensure proper operation.
12. Privacy Policy
Your use of the Services is also governed by our Privacy Policy, available at reviewmation.com/privacy-policy, which is incorporated into these Terms by reference. By using the Services, you agree to the collection and use of your information as described in that policy.
The Services are hosted and operated in the United States. If you access the Services from outside the United States, you acknowledge that your data will be transferred to and processed in the United States in accordance with applicable law.
13. Copyright Infringement
Konstrumedia LLC respects the intellectual property rights of others. If you believe that any content available through the Services infringes a copyright you own or control, please contact us at [email protected] with a written notification identifying the allegedly infringing material and your ownership claim. Note that submitting false or misleading copyright notifications may expose you to liability.
14. Definitions
- Konstrumedia LLC / Reviewmation: The Florida limited liability company operating the Reviewmation service brand and providing the Services described in these Terms.
- Client: The business, organization, or individual that has entered into an agreement with Reviewmation to use the Services to collect reviews from its customers.
- End Customer: An individual or entity who is a customer of the Client and whose contact information is provided to Reviewmationfor the purpose of sending review solicitation messages.
- Services: The review request, AI-assisted review response, social media content distribution, reputation monitoring, and related services provided by Reviewmation, including all integrations, software, websites, and applications through which those services are delivered.
- Outreach Channels: The communication channels through which review requests and related messages are sent, including SMS/text messaging, email, and WhatsApp.
- AI Providers: Third-party artificial intelligence platforms used to power automated features within the Services, including Anthropic (Claude), OpenAI (ChatGPT), Google (Gemini), and GoHighLevel AI.
- Applicable Laws: All federal, state, and local laws and regulations applicable to the Client's use of the Services, including without limitation the TCPA, CAN-SPAM Act, Florida consumer protection laws, WhatsApp Business Policy, Google review policies, GDPR (where applicable), and CCPA (where applicable).
- Default Messaging Preferences: The pre-approved message templates and scheduling cadence provided by Reviewmation and applied when no Client customization is made.
15. Scope of Services
Review Request Communications
Reviewmation will, on the Client's behalf, send review solicitation messages to the Client's End Customers via SMS, email, and/or WhatsApp. Messages are sent using the Client's sender identity (business name, designated phone number, or email address) and contain a direct link or instructions for leaving a Google review.
AI-Assisted Review Responses
Reviewmation will generate and post AI-assisted responses to the Client's Google reviews using one or more AI Providers. Responses are personalized using the reviewer's first name and review content. The Client acknowledges that AI-generated responses are generated algorithmically and that Reviewmation does not independently verify the accuracy of every response. Clients may review and override posted responses at any time through the platform.
Social Media Content Distribution
Five-star reviews collected through the Services will be repurposed into branded social media content and distributed to the Client's connected social media accounts. The Client authorizes this distribution by connecting their social accounts to the platform.
Integrations
Reviewmation may integrate with the Client's CRM (including GoHighLevel), Google Business Profile, and social media platforms to automate workflows. The Client authorizes Reviewmation to connect to and use such integrated systems solely for the purpose of providing the Services. The Client is responsible for maintaining valid credentials and access tokens for all integrations.
Default Settings and Customization
Unless the Client customizes their messaging preferences, Reviewmation will use Default Messaging Preferences developed and tested for general effectiveness. By not modifying the defaults, the Client approves those templates and schedules for use on their behalf. The Client may customize message content, timing, frequency, and channel preferences through the platform settings.
16. Client Responsibilities
Consent and Compliance
Before Reviewmation sends any message to an End Customer on the Client's behalf, the Client must have obtained all legally required consents to contact that individual via the applicable channel (SMS, email, and/or WhatsApp). This includes, without limitation:
- TCPA-compliant written or express written consent for SMS messages to U.S. mobile numbers.
- CAN-SPAM Act compliance for commercial email communications.
- WhatsApp Business Policy compliance for WhatsApp outreach, including opt-in requirements specific to WhatsApp messaging.
- Any applicable state, federal, or international privacy and electronic communications laws.
If an End Customer revokes consent or requests to be removed from communications, the Client is responsible for promptly updating their contact list and notifying Reviewmation to cease further outreach to that individual.
Data Quality and Lawful Use
The Client represents that all End Customer contact data provided to Reviewmation has been collected lawfully, is accurate and current, and is not subject to any do-not-contact obligation. The Client may not use the Services to contact individuals who have not consented or who are on applicable do-not-call or do-not-email lists.
Integration Maintenance
The Client is responsible for maintaining active, valid credentials and integrations with all connected third-party platforms. Reviewmation is not responsible for service interruptions caused by expired tokens, disconnected integrations, or third-party platform changes attributable to Client inaction.
Legal Responsibility
The Client bears sole legal responsibility for its use of the Services, including the accuracy and lawfulness of its contact lists and the compliance of all outreach with Applicable Laws. The Client is strongly encouraged to consult independent legal counsel regarding its specific compliance obligations.
17. Messaging Content & Automation
Authorization
By using the Services, the Client authorizes Reviewmation to send SMS messages, emails, and WhatsApp messages to End Customers on the Client's behalf using the Client's sender identity. The Client acknowledges and agrees that such messages will appear to originate from the Client's business.
Default Scripts and Cadence
Unless the Client customizes their settings, Reviewmation will apply Default Messaging Preferences to all outreach. The Client is deemed to approve those defaults by not modifying them following onboarding.
Client Customization
Clients may edit message content, adjust follow-up frequency and timing, select outreach channels (SMS, email, WhatsApp, or any combination), and configure other messaging preferences. The Client is fully responsible for the compliance and appropriateness of any custom messaging they configure.
Content Responsibility
Reviewmation acts as a neutral transmitter of the Client's messages. Whether using default or custom scripts, the Client bears full responsibility for all message content sent through the platform. Reviewmation is not liable for any claims arising from message content, including claims of unsolicited communications, harassment, or deceptive practices.
Opt-Out Handling
Reviewmation's platform will make commercially reasonable efforts to honor opt-out requests (e.g., STOP replies to SMS, WhatsApp opt-outs, email unsubscribes). However, ultimate compliance with opt-out obligations remains the Client's responsibility. Clients must ensure that opted-out contacts are not re-uploaded or re-contacted through other means.
No Liability for Message Outcomes
Reviewmation does not guarantee that End Customers will respond positively to review requests or leave any review. Reviewmation is not liable for negative reviews received as a result of sending review requests, nor for any damage to the Client's reputation arising from End Customer responses.
18. Data Use & Storage
Reviewmation processes Client and End Customer data in accordance with our Privacy Policy (reviewmation.com/privacy-policy). Key data handling commitments:
- Client account data is retained for the duration of the service relationship and for a reasonable period thereafter to comply with legal obligations.
- End Customer contact data is used solely to send review requests and related communications on the Client's behalf. It is not sold or shared with unaffiliated third parties for marketing purposes.
- Where required by applicable law, these Terms — together with our Privacy Policy — serve as the Data Processing Agreement governing Reviewmation's processing of personal data on the Client's behalf.
- Upon written request, Clients may request permanent deletion of their account data. Reviewmation will take reasonable steps to erase or anonymize that data in accordance with applicable law.
- Account data is not automatically deleted upon subscription cancellation, to allow reactivation and access to historical records. Active deletion requires a written request.
19. Service Limitations & No Guarantees
No Guarantee of Reviews or Outcomes
Reviewmation does not guarantee any specific number of reviews, review ratings, or improvements in online reputation or business performance. Results depend on factors outside our control, including End Customer behavior, industry, and the quality of the Client's service.
Third-Party Platform Dependency
The Services depend in part on third-party platforms including Google, social media networks, SMS carriers, and WhatsApp. Reviewmation is not responsible for changes to third-party APIs, policies, or availability that affect the Services. If a third-party platform restricts or eliminates functionality relied upon by the Services, Reviewmation will make commercially reasonable efforts to adapt but is not liable for any resulting limitations.
Service Availability
Reviewmation will make commercially reasonable efforts to maintain reliable service availability. We do not guarantee uninterrupted or error-free operation. Planned maintenance, technical issues, or third-party outages may cause temporary interruptions. Such interruptions, when reasonable in duration, do not constitute a breach of these Terms.
As-Is Disclaimer
The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, Konstrumedia LLC disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
20. Term & Termination
Termination by Client
The Client may cancel their subscription at any time through their account settings or by written notice to [email protected]. Cancellation is effective at the end of the current paid billing period. The Client is responsible for exporting or backing up any data they wish to retain before cancellation.
Termination or Suspension by Reviewmation
Reviewmation may suspend or terminate the Client's access to the Services, with or without notice, if:
- The Client breaches any material provision of these Terms, including non-payment or failure to comply with messaging consent requirements.
- The Client uses the Services in a manner that violates Applicable Laws or infringes the rights of others.
- The Client's use creates a legal or reputational risk to Reviewmation or third parties.
- Required by law, court order, or regulatory authority.
In non-urgent cases, Reviewmation will provide reasonable notice and an opportunity to cure before termination. In cases of urgent legal risk or egregious misconduct, access may be suspended immediately without prior notice.
Effect of Termination
Upon termination, the Client's right to access the Services ceases. Reviewmation will stop all scheduled automated outreach on the Client's behalf. Certain data may be retained as required by law or for legitimate business purposes, consistent with the Privacy Policy.
No Refund on Termination for Cause
If Reviewmation terminates the Client's account due to a violation of these Terms, the Client forfeits any prepaid fees for the unused portion of the subscription period.
Termination for Convenience by Reviewmation
Reviewmation may terminate the Services for any reason upon at least 30 days' advance written notice to the Client. In such cases, Reviewmation will refund prepaid fees covering the period after the termination effective date.
Survival
Sections addressing intellectual property, indemnification, limitations of liability, dispute resolution, governing law, and any accrued payment obligations survive termination of these Terms.
21. Disclaimer
THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KONSTRUMEDIA LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS. WE MAKE NO WARRANTY REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT GENERATED BY AI PROVIDERS USED WITHIN THE SERVICES. WE DO NOT WARRANT, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PLATFORM, SERVICE, OR CONTENT.
22. Limitations of Liability
IN NO EVENT SHALL KONSTRUMEDIA LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CAUSE OF ACTION ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE LESSER OF: (A) THE TOTAL FEES PAID BY YOU TO REVIEWMATION IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) $500.00 USD.
THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SOME STATES DO NOT ALLOW LIMITATION OF CERTAIN DAMAGES; IN SUCH CASES THESE LIMITATIONS MAY NOT FULLY APPLY.
Exclusion of Specific Damages
In no event shall either party be liable, under any theory, for: (a) punitive or exemplary damages; (b) lost profits, revenue, or business opportunity; (c) loss of goodwill or reputational harm; (d) loss of data; (e) cost of substitute services; (f) damages arising from End Customer conduct or third-party platform actions; or (g) regulatory fines, penalties, or government actions.
Prevailing Party Fees
In any dispute arising from these Terms or the Services — whether resolved through arbitration, small claims court, or otherwise, the prevailing party shall be entitled to recover reasonable attorneys' fees, expert fees, and costs incurred in resolving the dispute.
23. Indemnification
You agree to defend, indemnify, and hold harmless Konstrumedia LLC and its members, managers, employees, agents, and successors from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Services or breach of these Terms.
- Your Contributions or content submitted through the Services.
- Uploading, transmitting, or providing access to End Customer contact data without required consent.
- Sending messages through the Services to individuals who have not consented or who have opted out.
- Any violation of Applicable Laws in connection with your use of the Services, including TCPA, CAN-SPAM, and WhatsApp Business Policy violations.
- Infringement of any third-party intellectual property, privacy, or other rights.
This indemnification obligation extends to claims arising from the acts or omissions of your employees, contractors, or any third party using your account. Reviewmation reserves the right to assume exclusive control of the defense of any claim subject to indemnification at your expense.
24. Governing Law
These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-law principles. To the extent any dispute is not resolved through arbitration under Section 25, the parties consent to the exclusive jurisdiction of the state and federal courts located in Broward County, Florida.
25. Dispute Resolution
Binding Arbitration
Except as set forth below, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between Client and Konstrumedia LLC shall be resolved by binding arbitration, not by court proceedings.
Arbitration will be administered by JAMS (Judicial Arbitration and Mediation Services) under its Comprehensive Arbitration Rules, or if JAMS is unavailable, by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator in Broward County, Florida. Each party bears its own attorneys' fees unless the arbitrator awards them to the prevailing party. The arbitrator may award any relief available in a court of law but may not award punitive or exemplary damages.
Exceptions
Either party may bring an action in small claims court for disputes involving amounts under $1,000, if that court has jurisdiction. Reviewmation may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm arising from unauthorized use of intellectual property or misuse of the Services.
Class Action Waiver
YOU AND REVIEWMATION EACH WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. ALL DISPUTES MUST BE BROUGHT INDIVIDUALLY. IF THIS WAIVER IS FOUND UNENFORCEABLE, THE ARBITRATION CLAUSE IN ITS ENTIRETY SHALL BE DEEMED UNENFORCEABLE, AND THE DISPUTE SHALL PROCEED IN COURT PURSUANT TO SECTION 24.
Jury Trial Waiver
BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY ACTION ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES.
26. Electronic Communications
By using the Services, you consent to receive electronic communications from Reviewmation, including notices, disclosures, agreements, and receipts delivered via email or through the platform. You agree that these electronic communications satisfy any legal requirement that such communications be in writing.
You agree to the use of electronic signatures, contracts, and records in connection with your use of the Services, and waive any requirements for original signatures or non-electronic records under applicable law.
27. SMS, Email & WhatsApp Messaging
SMS Text Messaging
By providing a mobile number through the Services or as part of your account setup, you consent to receive SMS messages related to the Services, including account notifications and service updates. To opt out of SMS messages, reply STOP to any text. Message and data rates from your carrier may apply.
WhatsApp Messaging
The Services may use WhatsApp as an outreach channel for sending review requests to End Customers where the Client has obtained the appropriate WhatsApp opt-in consent. End Customers may opt out by following opt-out instructions included in any WhatsApp message or by contacting the Client directly. Use of WhatsApp as an outreach channel is subject to WhatsApp's Business Policy and all applicable laws governing electronic communications.
Email
The Client consents to receive service-related, transactional, and administrative emails from Reviewmation. All commercial email communications sent through the Services on the Client's behalf comply with the CAN-SPAM Act. End Customers may unsubscribe from emails by clicking the unsubscribe link included in every email.
Pass-Through Costs
SMS, email, and WhatsApp delivery costs are passed through to the Client at cost. These costs are billed separately from the subscription fee and are disclosed to clients prior to or during onboarding.
28. Miscellaneous
- Entire Agreement: These Terms, together with the Privacy Policy and any order forms or service agreements, constitute the entire agreement between Client and Konstrumedia LLC and supersede all prior understandings relating to the subject matter.
- Severability: If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, without affecting the remaining provisions.
- No Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any future right.
- Assignment: The Client may not assign any rights or obligations under these Terms without Reviewmation's prior written consent. Reviewmation may freely assign its rights in connection with a merger, acquisition, or asset sale.
- Independent Contractors: The relationship between Client and Konstrumedia LLC is that of independent contractors. No agency, partnership, joint venture, or employment relationship is created by these Terms.
- Force Majeure: Reviewmation is not liable for delays or failures caused by events beyond its reasonable control, including natural disasters, government actions, telecommunications outages, or third-party platform changes.
- Third-Party Beneficiaries: These Terms are entered into solely between the Client and Konstrumedia LLC. No End Customer, employee, contractor, or other third party has any rights or remedies under these Terms.
- Notices: Notices to Reviewmation must be sent to [email protected]. Notices to the Client will be sent to the email on file. Notices are effective when delivered by confirmed email or, for physical mail, three business days after mailing.
- Updates to Terms: We may modify these Terms at any time. Changes will be communicated by updating the Effective Date at reviewmation.com/terms and, where material, by email notice to the address on file. Continued use constitutes acceptance.
29. Contact Us
For questions, concerns, or notices related to these Terms, contact us at:
