Terms of Service

1. Acceptance of Terms

These Terms of Service govern your use of the website located at https://www.giftoffeedback.com and any related services provided by Gift of Feedback LLC.

By accessing https://www.giftoffeedback.com, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Gift of Feedback LLC.

We, Gift of Feedback LLC, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

2. Description of Service

Gift of Feedback is a customer feedback and review management platform that enables businesses to:

• Collect customer feedback via surveys, QR codes, and kiosks
• Analyze feedback and sentiment
• Route satisfied customers to public review platforms
• Send SMS campaigns to customers (with proper consent)
• Manage multi-location feedback
• Integrate with POS systems like Square and Clover

3. Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

• Modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
• Remove any copyright or other proprietary notations from any materials and software on this website;
• Transfer the materials to another person or "mirror" the materials on any other server;
• Knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Gift of Feedback LLC provides;
• Use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
• Use this website or its associated services in violation of any applicable laws or regulations;
• Use this website in conjunction with sending unauthorized advertising or spam;
• Harvest, collect, or gather user data without the user's consent;
• Use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties;
• Create fake reviews or manipulate review platforms;
• Impersonate any person or entity;
• Use the Service to harm minors.

4. Account Registration

To use the Service, you must:

• Be at least 18 years old
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Promptly update any changes to your information
• Accept responsibility for all activities under your account

You may not transfer your account to another party without our written consent.

5. Subscription and Billing

5.1 Subscription Plans

We offer various subscription plans (Free, Starter, Growth, Scale) with different features and limits. Plan details and pricing are available on our pricing page.

Free Plan: The free plan is provided for evaluation purposes and is subject to modification or discontinuation at our discretion. We reserve the right to change free plan features, impose new limits, or discontinue the free plan entirely with 30 days' notice. Free plan users may be required to upgrade to a paid plan to continue accessing certain features.

5.2 Payment

Paid subscriptions are billed monthly or annually in advance. Payments are processed securely by Stripe. You agree to provide accurate billing information and authorize us to charge your payment method.

5.3 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial billing periods.

5.4 Plan Limits

Each plan has usage limits (surveys, responses, locations, SMS credits). Exceeding limits may require upgrading to a higher plan. We reserve the right to enforce reasonable usage limits to prevent abuse.

6. SMS Messaging Terms

If you use our SMS campaign features, you agree to:

6.1 Compliance

• Comply with all applicable laws including TCPA, CTIA guidelines, and carrier requirements
• Obtain proper consent before sending SMS messages
• Honor all opt-out requests immediately
• Not send messages to numbers on Do Not Call lists

6.2 Prohibited Content

You may not send SMS messages containing:

• Spam or unsolicited commercial messages
• Fraudulent or deceptive content
• Illegal content or promotions
• Hate speech or harassment
• Adult or explicit content
• Phishing or malware links

6.3 SMS Credits

SMS credits are included with paid plans and reset monthly. Unused credits do not roll over. To increase your monthly credit allocation, upgrade to a higher plan. We reserve the right to suspend SMS services for policy violations.

6.4 SMS Notification Service Terms

Program Name: Gift of Feedback SMS Notifications

Program Description: Gift of Feedback sends SMS notifications to business owners who have opted in to receive alerts when new customer feedback is submitted through the Gift of Feedback platform. These are transactional, informational notifications — not marketing or promotional messages.

Message Frequency: Message frequency varies based on customer feedback volume. Business owners typically receive 1–10 messages per day, depending on feedback activity.

Message and data rates may apply. Please contact your wireless carrier for details about your messaging plan.

Opt-Out: To stop receiving SMS notifications, reply STOP to any message. You can also disable SMS notifications in your Gift of Feedback account settings under Settings → SMS Notifications. You will receive a confirmation message after opting out.

Help: For help with SMS notifications, reply HELP to any message, or contact us at privacy@giftoffeedback.com.

Carriers are not liable for any delayed or undelivered messages.

By opting in to SMS notifications, you consent to receive recurring automated text messages from Gift of Feedback at the phone number you provided. Consent is not a condition of purchase or use of the Gift of Feedback platform. You may opt in or out at any time without affecting your account access or functionality.

For information about how we handle your data, see our Privacy Policy.

7. Google Review Compliance

Gift of Feedback is designed to be compliant with Google's review policies. By using our review funnel features, you agree to:

• Not selectively solicit reviews based on sentiment (review gating)
• Ask all customers for feedback, not just satisfied ones
• Not offer incentives for positive reviews
• Allow customers to leave honest, unbiased reviews

Our platform collects private feedback first, then offers satisfied customers the opportunity to leave public reviews. This approach complies with Google's policies.

8. Intellectual Property

The intellectual property in the materials contained in this website are owned by or licensed to Gift of Feedback LLC and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Gift of Feedback LLC at any time.

9. User-Generated Content

You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content, but we do require a license from you in order to use it.

When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.

10. Data Ownership

You own your business data and customer feedback collected through the Service. We process this data on your behalf to provide the Service. You may export or delete your data at any time.

11. Third-Party Integrations

The Service integrates with third-party services (Stripe, Twilio, Square, Google, etc.). Your use of these integrations is subject to their respective terms of service. We are not responsible for third-party services.

11.1 AI-Powered Features

Our AI Response Coach feature uses third-party AI services (Anthropic Claude, OpenAI) to generate response suggestions. By using these features, you agree that:

• Customer feedback data will be processed by AI providers to generate suggestions
• AI-generated responses are suggestions only and should be reviewed before use
• You are responsible for the final content of any response you send
• AI responses may not always be accurate or appropriate for your situation
• We do not guarantee the quality, accuracy, or suitability of AI-generated content

AI features are available on Growth and Scale plans. Usage is subject to rate limits and fair use policies.

11.2 Team Collaboration

If you invite team members to your account, you agree that:

• You are responsible for the actions of team members you invite
• Team members must comply with these Terms
• You will only invite individuals who have authorized you to do so
• Role permissions determine access levels (Owner, Admin, Manager, Viewer)
• You may remove team members at any time

Team collaboration features are available on Growth and Scale plans. Team member limits vary by plan.

11.3 Referral Program

If you participate in our referral program, the following terms apply:

Commission Structure

• You may earn 20% commission on payments from users you refer
• Commissions are earned for 12 months from the referred user's signup date
• Commissions are calculated after processing fees and refunds

Payout Requirements

• Minimum payout threshold: $50
• Payouts require a connected Stripe account
• You are responsible for any taxes on referral income

Prohibited Activities

• Self-referrals or referring fake accounts
• Spam or unsolicited referral promotion
• Misleading claims about Gift of Feedback
• Paid advertising using our brand name without permission

We reserve the right to modify or terminate the referral program, adjust commission rates, or disqualify participants for violations.

11.4 Customer Testimonials

If you use our testimonial widget feature to display customer feedback publicly, the following terms apply:

Customer Consent

• Testimonials may only be displayed with explicit customer consent
• Customers must opt-in to have their feedback shared publicly
• You must honor customer requests to remove their testimonial
• Consent records are stored and auditable

Display Requirements

• Testimonials must not be edited to change meaning or sentiment
• Display name must match customer's preference (full name, initials, or anonymous)
• You may not fabricate or misrepresent testimonials
• Testimonials must be from genuine customers

Your Responsibilities

You are responsible for ensuring testimonials displayed on your website comply with FTC guidelines on endorsements and testimonials. Gift of Feedback provides the technical platform but you are responsible for the content displayed.

12. Liability

Our website and the materials on our website are provided on an 'as is' basis. To the extent permitted by law, Gift of Feedback LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall Gift of Feedback LLC or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if Gift of Feedback LLC or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, "consequential loss" includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Our total liability shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

Furthermore, you agree to indemnify and hold harmless Gift of Feedback LLC from any claim related to your use of information received using our platform and website.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

13. Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. Gift of Feedback LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

14. Links

Gift of Feedback LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Gift of Feedback LLC of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

15. Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

You may terminate your account at any time by contacting us or using the account settings.

16. Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

17. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Delaware. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

18. Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association rules. You waive any right to participate in class action lawsuits.

19. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (we will provide advance notice when possible)
• Unscheduled emergency maintenance
• Third-party service outages (including but not limited to Firebase, Stripe, Twilio, and POS systems)
• Network or infrastructure issues beyond our control

We are not liable for any losses arising from service interruptions or unavailability.

20. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to:

• Acts of God, natural disasters, or severe weather events
• War, terrorism, or civil unrest
• Government actions, laws, or regulations
• Epidemics or pandemics
• Failure of third-party telecommunications or power infrastructure
• Cyberattacks or security incidents affecting infrastructure providers

The affected party shall use reasonable efforts to mitigate the impact and resume performance as soon as reasonably practicable.

21. Export Compliance

The Service is operated from the United States. You agree to comply with all applicable U.S. export control laws and regulations. You may not access or use the Service if you are located in, or a national or resident of, any country subject to U.S. sanctions, or if you are on any U.S. government denied party list.

22. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or through the Service. Continued use after changes constitutes acceptance of the new Terms.

23. Contact Information

For questions about these Terms: