Review Engine Terms of Service

Review-Engine.com (including all related applications, dashboards, subdomains, and connected platforms—individually and collectively, the “Website”) and the Review Engine software and services (together with the Website, the “Service(s)”) are owned and operated by Tiny Mammoth, Inc. (“Review Engine,” “we,” “us,” or “our”). By using, installing, or accessing the Website or Services—or by signing or clicking to accept these Terms or any Subscription Documentation (as defined below) referencing these Terms—you agree to be bound by this Agreement (these “Terms” or this “Agreement”).

If you are using the Services on behalf of a company, organization, or other entity, then “Client” or “you” means that entity, and you represent and warrant that you have authority to bind that entity to this Agreement.

This Agreement includes and incorporates by reference any Subscription Documentation executed between you and Review Engine, as well as any policies or exhibits linked to or referenced herein. If you have a separate written agreement with Review Engine covering specific Services, that agreement will control to the extent of any conflict. We may modify these Terms as described in the Changes section of our legal center.

1. DEFINITIONS

1.1 Business Associate Agreement (BAA). A written agreement between a HIPAA Covered Entity and a Business Associate containing the elements specified at 45 C.F.R. § 164.504(e).

1.2 Confidential Information. Non-public information disclosed by one party to the other that is identified as confidential or that should reasonably be understood to be confidential given the nature of the information and circumstances of disclosure, including code, product plans, technical, financial, security, and business information.

1.3 HIPAA. The Health Insurance Portability and Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Health (HITECH) Act, together with implementing regulations (including 45 C.F.R. Parts 160–164), each as amended.

1.4 Law(s). All applicable local, state, federal, and international laws, rules, and regulations, including (as applicable) the Telephone Consumer Protection Act (TCPA), CAN-SPAM, the Telemarketing Sales Rule, HIPAA, the Gramm-Leach-Bliley Act (GLBA), Canada’s Anti-Spam Legislation (CASL), the EU General Data Protection Regulation (GDPR), the UK GDPR, the California Consumer Privacy Act (CCPA) and CPRA amendments, Do-Not-Call rules, and analogous telecom, privacy, and consumer-protection laws.

1.5 Protected Health Information (PHI). Has the meaning set forth in HIPAA.

1.6 Territory. The United States, Canada, and Australia, unless otherwise specified in Client’s Subscription Documentation.

Additional capitalized terms are defined where they first appear in these Terms.

2. SERVICES

2.1 Services. Review Engine provides a proprietary, multi-module platform including, without limitation: reputation and feedback tools (“Reviews,” “Feedback”), messaging and communication tools (“Inbox,” “Webchat,” “Automations,” “Bulk Messages/Campaigns”), Review Widgets, Local SEO utilities, Integrations, analytics, and optional Payments and APIs, along with the Website (collectively, the “Service(s)”). From time to time, Client may enter into a proposal, quote, order form, statement of work, or online registration (each, “Subscription Documentation”) referencing these Terms that describes the Services purchased and the applicable Scope of Use (e.g., usage limits, location counts, user seats, feature tiers, messaging volumes, and similar parameters). Services may be purchased as standalone products or in packaged Bundles as described in the Subscription Documentation. We have no obligation to provide any service not expressly set forth in these Terms or the applicable Subscription Documentation.

2.2 Changes to Subscription Documentation. Any amendment to existing Subscription Documentation must be agreed in writing by both parties. We have no obligation to perform Services under amended documentation until the parties agree to any resulting fee or scope adjustments.

2.3 Modification of the Services. We may modify or discontinue features, Modules, or Bundles of the Services from time to time (including adding, limiting, or replacing functionality). If a modification we make materially reduces the core functionality of Services you have already purchased under current Subscription Documentation, you may terminate the affected Services and receive a pro-rated refund of pre-paid, unused fees for the remaining Subscription Term for those Services.

2.4 Additional Terms. Certain Services or features may be subject to additional terms, policies, rules, or guidelines (“Additional Terms”). Additional Terms are incorporated by reference into these Terms. Without limitation:

• Payments. If you enable Payments, your use is subject to the applicable Payments terms from Review Engine and our payment processors (e.g., Stripe, QuickBooks).
  
  
• Telecom/SMS. If you use messaging features, you agree to telecom and carrier requirements (e.g., 10DLC, CTIA) and our SMS/Communications Policy.
  
  
• API / Developer Platform. If you use our API or developer tools, you agree to the applicable API/Developer terms.
  
  
• Marketplace/Integrations. Use of third-party apps or connectors is subject to their terms in addition to ours.
  
  

3. USE RIGHTS; RESTRICTIONS

3.1 License Grant. Subject to these Terms (and any applicable Additional Terms), Review Engine grants Client a non-exclusive, non-transferable, non-sublicensable, revocable, limited right during the Subscription Term and within the Territory to access and use the Services designated in your Subscription Documentation for your internal business purposes and within the applicable Scope of Use.

3.2 Account Registration. You must register for a Review Engine account to access the Services. You agree to provide accurate, current, and complete information and to keep it updated so we can send notices and service information. You are responsible for all activity under your account and for maintaining the confidentiality of credentials.

3.3 Authorized Users; Eligibility. Client may permit employees, contractors, and agents it authorizes (“Authorized Users”) to use the Services for Client’s benefit. Client is responsible for its Authorized Users’ compliance with these Terms. Authorized Users must be at least 18 years old, not previously suspended from the Services, and must comply with all Laws.

3.4 Responsibility for Authorized Users. Client controls the creation, permissioning, and revocation of Authorized Users and access credentials (including API tokens) and is responsible for safeguarding them. Aggregate use by all Authorized Users counts toward your Scope of Use. Notify us promptly of any suspected unauthorized access.

3.5 Customers. Your end customers (e.g., clients, guardians, or consumers you serve) who interact with Review Engine via your account or embedded tools (collectively, “Customers”) are subject to our Acceptable Use and communications policies. We may remove or disable access by any Customer or content that violates policy or Law.

3.6 General Restrictions. You will not (and will not permit any third party to): (a) rent, lease, sell, sublicense, or otherwise provide access to the Services to a third party, except as expressly permitted; (b) use the Services for time-sharing or service-bureau purposes; (c) reverse engineer, decompile, disassemble, or attempt to derive source code for any non-public component of the Services (except to the limited extent permitted by Law and then only with advance notice to us); (d) access the Services to build a competitive product or service; (e) remove or obscure proprietary notices; (f) publicly disseminate performance or benchmark information about the Services; (g) break or circumvent security measures or rate limits; or (h) use the Services in violation of Law or our Acceptable Use Policy (including sending unsolicited or unlawful communications, manipulating or incentivizing reviews in violation of platform rules, or engaging in deceptive or harmful activity).

3.7 Beta Releases; Free Access Subscriptions. We may provide certain features free of charge or on a trial basis (“Free Access Subscription”) and/or early-stage features (“Beta Release(s)”). Free Access Subscriptions and Beta Releases are provided “as is” and “as available” without warranties, support, SLAs, data retention commitments, or indemnities. They may be modified, suspended, or discontinued at any time. Your use is voluntary and at your sole risk.

3.8 AI Services. Some features may use AI or automation (e.g., suggested replies, sentiment analysis). Outputs may be inaccurate or incomplete. You are responsible for reviewing outputs and for any disclosures to Customers required by Law regarding the use of AI or automated decisioning.

4. CLIENT DATA

4.1 Ownership; License. As between the parties, Client retains all right, title, and interest in and to any text, images, files, metrics, logs, reviews, messages, and other content or data submitted to or captured by the Services from Client systems or Customers (“Client Data”). Client grants Review Engine a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, display, and create derivative works of Client Data as necessary to provide, secure, support, and improve the Services and as otherwise described in these Terms and our Privacy Policy.

4.2 Customer Data; Consents. Client is responsible for providing all required disclosures to, and obtaining all required consents from, Customers for the collection and use of Customer Data (including phone numbers and email addresses) and for all communications sent via the Services, in each case as required by Law (e.g., TCPA, CAN-SPAM, CASL, Do-Not-Call).

4.3 Aggregate/Anonymous Data. We may generate aggregated and/or de-identified data from Client Data and Service usage (“Aggregate/Anonymous Data”). We own Aggregate/Anonymous Data and may use it to analyze, develop, and improve our products and services, provided we do not disclose Client’s identity or any personal data contrary to Law.

4.4 Monitoring; Service Improvement. We may monitor use of the Services (including logs, deliverability, and abuse patterns) to operate, maintain, and improve the Services; to enforce policies; and to provide client support and security.

4.5 Security. We maintain administrative, technical, and physical safeguards designed to protect Client Data, including encrypted transport, role-based access, and secure hosting (e.g., AWS). No system is 100% secure, and Client acknowledges inherent risks of internet services.

4.6 Privacy & Data Processing. Our handling of personal data is described in the Privacy Policy (incorporated by reference). Where required, our Data Processing Addendum (DPA) governs our processing of personal data on Client’s behalf and lists approved sub-processors.

4.7 HIPAA / PHI. The Services are not intended for storage of PHI. If Client qualifies as a HIPAA Covered Entity or Business Associate and intends to process PHI, Client must notify us and enter into a Business Associate Agreement (BAA). Absent an executed BAA, Client must not submit PHI to the Services.

4.8 Storage & Deletion. The Services are not an archival system. We may delete Client Data that is no longer in active use, and we may delete all Client Data after termination, subject to the DPA/BAA and applicable Law.

5. AVAILABILITY; SUPPORT

5.1 Availability. We aim to provide continuous availability but do not guarantee the Services will be uninterrupted or error-free. Maintenance, carrier/network outages, or third-party failures may occur.

5.2 Support. Standard support is available via support@review-engine.com. Enhanced support and onboarding/consulting may be included or available for additional fees per Subscription Documentation.

6. FEES AND PAYMENT

6.1 Subscriptions. Services are offered on monthly, six-month, or annual terms, with recurring charges until canceled. Fees may be billed via Stripe, Tiny Hub, or QuickBooks, as indicated in your Subscription Documentation.

6.2 Prices; Promotions. Prices, plans, and promotions may change at our discretion. If a change affects an active plan, we will notify you before the next renewal.

6.3 Setup/Onboarding. One-time setup or onboarding fees may apply and vary by scope.

6.4 No Refunds; Performance Guarantee. All fees are non-refundable, except with our written approval. We offer a 14-day performance review window starting at onboarding; if results are not as expected, contact your Account Executive within that period for review and potential refund authorization.

6.5 Taxes & Industry Fees. Fees exclude taxes and industry surcharges (e.g., telecom/10DLC, carrier registration, compliance pass-throughs), which you must pay where applicable.

6.6 Late Payments; Suspension. Overdue amounts may incur the maximum lawful interest. We may suspend Services for non-payment. You remain responsible for fees during suspension.

6.7 Auto-Renewal; Cancellation. Subscriptions auto-renew for successive terms unless canceled per your Subscription Documentation. Canceling stops future charges and does not refund past charges.

7. ACCEPTABLE USE; COMMUNICATIONS

7.1 Acceptable Use. You will not: send spam or unlawful communications; manipulate or incentivize reviews contrary to platform policies; engage in deceptive, abusive, or harmful activity; probe or disrupt the Service; or violate Law or our policies.

7.2 Compliance. You are solely responsible for compliance with Laws (e.g., TCPA, CAN-SPAM, CASL, DNC rules) and for obtaining prior express consent where required. We may require registration (e.g., 10DLC) and may suspend messaging features for non-compliance.

7.3 AI & Automation. Automated or AI-assisted outputs may be inaccurate. You are responsible for reviewing outputs and for any required disclosures to Customers.

8. THIRD-PARTY INTEGRATIONS

The Services may integrate with third-party products (e.g., GoHighLevel, Twilio/TextGrid, Google, Stripe/QuickBooks). Use of third-party products is governed by their terms. We are not responsible for third-party actions, outages, data handling, or policy changes.

9. INTELLECTUAL PROPERTY

We and our licensors own all right, title, and interest in the Services, documentation, templates, designs, and outputs generated by the Services (excluding Client Data). We grant you a limited license to use the Services within Scope of Use. No other rights are granted. Do not copy, resell, or derive competing works from the Services.

Feedback. If you provide ideas or suggestions, you grant us a perpetual, worldwide, royalty-free license to use them without restriction or compensation.

10. MARKETING; PUBLICITY

Unless you request otherwise in writing, you grant us permission to reference your business name and logo in client lists, websites, and case studies. You may withdraw consent by emailing support@review-engine.com.

11. TERM; SUSPENSION; TERMINATION

11.1 Term. These Terms apply for your Subscription Term and any renewals.

11.2 Suspension. We may suspend access for non-payment, abuse, security risks, or legal compliance reasons.

11.3 Termination for Cause. Either party may terminate for material breach not cured within 30 days of written notice. We may terminate immediately for unlawful use, reputational harm, or policy violations.

11.4 Effect. Upon termination, your license ends and you must stop using the Services. We may delete Client Data after a reasonable period, subject to the DPA/BAA and Law. Accrued fees remain due.

12. DISCLAIMERS

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE OR UNINTERRUPTED, OR ACHIEVE SPECIFIC BUSINESS OUTCOMES.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, COVER, OR LOST-PROFIT DAMAGES; AND (b) OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS IS LIMITED TO THE FEES YOU PAID TO US IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS; WHERE PROHIBITED, THEY DO NOT APPLY.

14. INDEMNIFICATION

14.1 By Client. You will defend, indemnify, and hold harmless Review Engine and its affiliates, officers, directors, and employees from any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (i) your use of the Services in violation of Law or these Terms; (ii) Client Data (including alleged infringement, privacy, or publicity violations); (iii) your communications with Customers; or (iv) any use of PHI without a BAA.

14.2 By Review Engine. We will defend and indemnify Client from third-party claims alleging that the Services, as provided by us and used by you in accordance with these Terms, infringe a U.S. patent, copyright, or trade secret. We will have no obligation where the claim arises from combinations with non-Review Engine products, modifications not made by us, or use contrary to documentation.

14.3 Process. The indemnified party must promptly notify the indemnifying party and provide reasonable cooperation. The indemnifying party controls the defense and settlement (no admission of fault or payment by the indemnified party without consent).

15. GOVERNANCE; DISPUTES

15.1 Governing Law; Venue. These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. The exclusive venue for any action arising from these Terms or the Services is the state or federal courts located in Los Angeles County, California. Each party consents to such courts’ jurisdiction.

15.2 Injunctive Relief. Either party may seek injunctive or equitable relief for actual or threatened misuse of Confidential Information or intellectual property.

16. GENERAL

16.1 Changes to Terms. We may update these Terms and related policies from time to time. Material changes will be communicated via the Service or email and apply at the next renewal or continued use after notice.

16.2 Confidentiality. Each party will protect the other’s Confidential Information with at least reasonable care and use it only to perform under these Terms. Exclusions include information that is public, independently developed, or rightfully received from a third party. Required disclosures by law are permitted with reasonable notice (if lawful).

16.3 Sub-Processors; Subcontractors. We may use vetted sub-processors and subcontractors (listed in our Sub-Processor Disclosure) to provide the Services. We remain responsible for their performance.

16.4 Assignment. You may not assign these Terms without our prior written consent, except to a successor in connection with a merger, acquisition, or sale of substantially all assets, provided the assignee agrees in writing to be bound by these Terms. We may assign these Terms.

16.5 Notices. Legal notices to Review Engine must be sent to support@review-engine.com (subject: Legal Notice) or to the address we provide upon request. We may provide notices to you via the Service, email on file, or your billing portal.

16.6 Severability; Waiver. If any provision is unenforceable, it will be modified to the minimum extent necessary; the remainder stays in effect. Failure to enforce a provision is not a waiver.

16.7 Entire Agreement. These Terms, the Privacy Policy, any DPA/BAA, Additional Terms, and Subscription Documentation constitute the entire agreement and supersede prior agreements on the Services’ subject matter.