These Terms and Conditions (“Terms”) govern your access to and use of the Review Phactory LLC (“Review Phactory,” “we,” “us,” or “our”) website, platform, software, and services (collectively, the “Services”).
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you may not use the Services.
2. Eligibility
You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you meet this requirement.
3. Accounts and Access
To use certain features, you must create an account.
You agree to:
Provide accurate and complete information
Maintain the security of your login credentials
Be responsible for all activity that occurs under your account
We reserve the right to suspend or terminate accounts at our sole discretion, including for misuse, nonpayment, or violation of these Terms.
4. Services Provided
Review Phactory provides software and related services designed to help businesses request, collect, manage, and analyze customer reviews.
We do not guarantee:
A specific number of reviews
Any particular rating or outcome
Increased revenue, rankings, or reputation
Results vary based on numerous factors outside our control.
5. Client Responsibilities
You are solely responsible for:
How you request reviews from your customers
Ensuring compliance with all applicable laws and platform policies (including Google review policies)
Any disputes, claims, or complaints arising from customer reviews
Review Phactory is not responsible for the content, accuracy, or legality of reviews collected through the platform.
6. SMS and Email Compliance
By using our SMS and email features, you represent and warrant that:
You have obtained proper consent from all contacts you upload or message
You have the legal right to communicate with those contacts
You comply with all applicable laws, including TCPA, CAN-SPAM, and similar regulations
Review Phactory assumes you have the right to message the contacts you provide and is not liable for misuse of messaging features.
7. Fees and Billing
Services may be offered on a monthly or annual subscription basis.
By subscribing, you authorize Review Phactory to charge your payment method on a recurring basis according to your selected plan.
All fees are non-refundable
Prices may change with notice
Failure to pay may result in suspension or termination of services
Payments are processed through third-party payment processors.
8. Intellectual Property
All software, technology, branding, and platform content are owned by Review Phactory LLC and are protected by intellectual property laws.
You may not:
Copy or reproduce the platform
Reverse engineer or attempt to extract source code
Resell, sublicense, or white-label the Services
Use our intellectual property without written permission
Client data and content remain the property of the client.
9. Data Use
Use of personal data is governed by our Privacy Policy. By using the Services, you agree to the practices described therein.
10. Termination
You may cancel your account at any time. Termination does not entitle you to a refund.
We may suspend or terminate access to the Services at our discretion, with or without notice, for any violation of these Terms or applicable law.
11. Disclaimer of Warranties
The Services are provided “as is” and “as available,” without warranties of any kind, express or implied.
We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
12. Limitation of Liability
To the maximum extent permitted by law, Review Phactory LLC shall not be liable for:
Lost profits
Lost data
Reputational harm
Lost reviews or ratings
Indirect, incidental, or consequential damages
Our total liability for any claim shall not exceed the amount paid by you to Review Phactory in the twelve (12) months preceding the claim.
13. Indemnification
You agree to indemnify and hold harmless Review Phactory LLC from any claims, damages, losses, or expenses arising out of:
Your use of the Services
Your violation of these Terms
Your communications with customers
Any dispute related to reviews or messaging
14. Governing Law and Venue
These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law principles.
Any disputes shall be resolved exclusively in the state or federal courts located in Arizona.
15. Changes to Terms
We may update these Terms from time to time. Continued use of the Services after changes are posted constitutes acceptance of the updated Terms.
