Terms of Service

These Terms of Service ("Terms") govern your use of the ReviewGetter service ("Service") provided by ReviewGetter, a sole trader business operating in New South Wales, Australia ("we", "us", "our"). By creating an account or using our Service, you ("you", "your", "the business owner") agree to be bound by these Terms.

If you do not agree to these Terms, you must not use the Service.

ReviewGetter is a Google review automation platform for Australian small businesses. The Service allows business owners to enter customer details (name and mobile number) after providing a service — either one at a time, or in bulk by uploading a CSV or XLSX file — and automatically sends messages to those customers asking them to rate their experience. Each business owner sets a rating threshold (a whole number from 0 to 5, defaulting to 4); customers who rate at or above that threshold are directed to leave a Google review, while customers who rate below it are directed to a private feedback form instead. The Service also tracks review count changes, sends notifications to business owners, and provides usage analytics.

To use the Service you must be at least 18 years of age, have the legal capacity to enter into a binding contract in Australia, and represent a legitimate business or trade with an active Google Business Profile.

You accept these Terms by creating an account and confirming your email address. By doing so you confirm that you have read, understood, and agreed to these Terms and our Privacy Policy.

This section is critical, and it applies equally no matter how you get a customer's details into ReviewGetter — entered one at a time or uploaded in bulk via a CSV or XLSX file.

The Spam Act 2003 (Cth) is the Australian law governing commercial electronic messages, including the SMS messages ReviewGetter sends on your behalf. It is regulated and enforced by the Australian Communications and Media Authority (ACMA). Under the Spam Act, a commercial electronic message may only be sent if it satisfies three conditions: the recipient has consented to receive it, the message clearly identifies the sender, and the message provides a functional way to unsubscribe. ReviewGetter handles sender identification and the unsubscribe mechanism automatically for every message sent through the Service (see clause 4 below). Consent is your responsibility, not ours — because only you, the business owner, know your actual relationship with each customer whose details you provide.

By entering or uploading a customer's mobile number into ReviewGetter, you warrant and agree that:

• You have an existing commercial relationship with that customer — they have transacted with, enquired with, booked with, or otherwise directly engaged your business
• The customer would reasonably expect to receive a follow-up message from you about that interaction
• You hold express consent, or consent that can reasonably be inferred from your existing business relationship with that customer, to send them a commercial electronic message, consistent with the Spam Act 2003 and ACMA's published guidance on consent
• You will not enter or upload the number of anyone who has not directly interacted with your business — including numbers purchased, scraped, or sourced from a third-party list or directory
• You will stop messaging any customer who asks you directly, in person or otherwise outside of ReviewGetter, not to contact them again — even if they have not replied STOP to a ReviewGetter message
• You accept sole responsibility for complying with the Spam Act 2003, the Privacy Act 1988 (Cth), and any other Australian law governing the collection and use of customer contact details and the sending of commercial electronic messages, for every recipient whose number you provide

You indemnify ReviewGetter against any claims, fines, penalties, regulatory investigation or action by ACMA or another authority, or losses arising from your entry or upload of mobile numbers for which you did not have appropriate consent.

ReviewGetter provides the following compliance protections automatically, in line with ACMA's requirements under the Spam Act 2003:

• Every message sent through the Service identifies your business by name in the message text
• Every message sent through the Service includes clear opt-out instructions
• We maintain a permanent global suppression list of all opt-out requests
• Any customer replying STOP (or equivalent) is instantly and permanently unsubscribed
• We do not send messages to any number on the suppression list, regardless of which business owner enters or uploads it

You agree not to attempt to circumvent the opt-out system, re-enter or re-upload mobile numbers of customers who have opted out, or otherwise interfere with our compliance protections.

You must not use the Service to:

• Send commercial electronic messages to individuals who have not consented to receive them
• Engage in review manipulation, including offering incentives for positive reviews, discouraging honest negative reviews, or otherwise violating Google's review policies
• Send content that is abusive, threatening, harassing, defamatory, or unlawful
• Impersonate any other person or business
• Attempt to circumvent free trial limits by creating multiple accounts, using disposable email addresses, or providing false business information
• Reverse-engineer, copy, resell, or otherwise commercially exploit the Service
• Use the Service in any way that could damage, disable, or impair our servers or networks
• Attempt to gain unauthorised access to any part of the Service or another user's account

We may suspend or terminate accounts that engage in any of these prohibited activities without notice.

We offer a 30-day free trial with 30 credits and no credit card required to start. You may only have one active or expired free trial per Google Business Profile. Attempting to create multiple trial accounts for the same business is a violation of these Terms and may result in termination.

At the end of the free trial, your account will move to a read-only state where you can continue to see your data and results but cannot send new review requests until you subscribe to a paid plan.

The Service is offered on the following plans, which may be updated from time to time:

• Starter — A$29 per month, 75 credits included per billing cycle
• Basic — A$39 per month, 150 credits included per billing cycle
• Pro — A$49 per month, 250 credits included per billing cycle
• Annual options — Starter at A$290 per year (900 credits), Basic at A$390 per year (1,800 credits), Pro at A$490 per year (3,000 credits)

Billing: Monthly subscriptions are charged on the same day each month via Stripe. Annual subscriptions are charged in full upfront. All prices are in Australian Dollars (AUD) and include GST where applicable. Failed payments will be retried automatically; if payment cannot be collected within 7 days, your account will be moved to read-only status until payment is resolved.

Credits: Credits reset at the start of each billing cycle. Unused credits do not roll over to the next cycle. Trial credits do not carry over when you subscribe to a paid plan.

Cancellation: You may cancel your subscription at any time from the billing page in your dashboard. Cancellation takes effect at the end of your current billing period. Your account will move to read-only status and remain accessible.

Refunds: Monthly subscriptions are non-refundable for partial months. Annual subscriptions are non-refundable except where required by Australian Consumer Law. If you cancel an annual subscription mid-term, your service will continue until the end of the paid term.

Nothing in these Terms excludes, restricts, or modifies any right or remedy you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) that cannot be excluded, restricted, or modified. This includes the non-excludable consumer guarantees that apply to services acquired for personal, domestic, or household use.

To the extent permitted by law, our liability for a breach of any non-excludable guarantee is limited to (at our option) the resupply of the Service or the payment of the cost of having the Service resupplied.

To the maximum extent permitted by Australian law, and subject to section 8 above:

• We are not liable for any loss of Google reviews, changes in Google ranking, review count fluctuations, or business revenue attributed to the Service or its absence
• We are not liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of the Service
• Our total aggregate liability to you in respect of any and all claims arising out of or in connection with the Service is limited to the total amount you have paid us in the 3 months preceding the event giving rise to the claim
• We do not warrant that the Service will be uninterrupted, error-free, or that any specific results will be achieved

We rely on third-party service providers (including Twilio and Cellcast for message delivery, and Google for review data) and are not responsible for service disruptions or delivery failures caused by these providers.

We own all rights, title, and interest in the Service, including all software, designs, logos, text, and other content (excluding your data and the data of your customers). You are granted a limited, non-exclusive, non-transferable licence to use the Service in accordance with these Terms.

You own your business data and your customers' data. We act as a processor of your customer data on your behalf and use it only to provide the Service. You may export or delete your data at any time from the dashboard, subject to our retention obligations.

You must not reproduce, duplicate, or copy any part of the Service, reverse-engineer or attempt to derive the source code of the Service, or use the Service or any of its content to build a competing product.

We may suspend or terminate your account at any time for material breach of these Terms, non-payment, fraudulent or abusive activity, or if required by law. We will provide at least 14 days' notice of termination except where a breach is serious and warrants immediate action.

You may terminate your account at any time by cancelling your subscription and requesting account deletion via support@reviewgetter.com.au.

Upon termination, your access to send new review requests ends, your data is retained in read-only state indefinitely or deleted upon your request (subject to legal retention obligations), and you remain liable for any unpaid fees incurred prior to termination.

We may modify, suspend, or discontinue any part of the Service at any time. Where such changes materially affect paying subscribers, we will provide reasonable prior notice by email. Continued use of the Service after changes take effect constitutes acceptance of the changes.

We may update these Terms from time to time. The "Last updated" date at the top indicates the most recent revision. Material changes will be communicated to active subscribers by email at least 14 days before they take effect. If you do not agree to a material change, you may cancel your subscription before it takes effect.

These Terms are governed by the laws of New South Wales, Australia. You and we submit to the exclusive jurisdiction of the courts of New South Wales in relation to any dispute concerning these Terms or the Service.

• Severability — If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.
• No waiver — Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment — You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights to a successor entity in the event of a sale, merger, or restructuring of our business.
• Entire agreement — These Terms, together with our Privacy Policy, constitute the entire agreement between you and us relating to the Service.

ReviewGetter offers an optional affiliate program under which a person or business ("affiliate") can refer new customers to the Service using a unique referral code and earn a 30% recurring commission on the subscription fees paid by each customer who signs up with that code and remains an active, paying subscriber.

By joining the affiliate program, you agree that: you will promote the Service truthfully and will not make misleading claims about it; you will not bid on paid search advertising directly against the "ReviewGetter" brand name or close misspellings of it without our prior written consent; you will not refer yourself or create duplicate or fraudulent accounts to generate commissions; and commissions accrue only on genuine, active paying subscriptions and stop accruing if a referred customer cancels, lapses, or obtains a refund.

We calculate and pay commissions on a basis communicated to affiliates from time to time, may withhold or reverse commissions obtained through fraudulent, abusive, or bad-faith activity, and may suspend or terminate any affiliate's participation in the program at our discretion for breach of this section. Participation in the affiliate program does not create any employment, partnership, joint venture, or agency relationship between you and ReviewGetter.

If you have any questions about these Terms, please contact:

ReviewGetter
support@reviewgetter.com.au