1. Acceptance of Terms By accessing or using the services provided by Treasure Fetch Creative LLC ("Company", "we", "us"), including our website, reputation management software, and automated messaging tools (the "Services"), you ("Client", "you") agree to be bound by these Terms and Conditions. If you do not agree to these terms, do not use our Services.
2. Description of Service The Company provides a software-as-a-service (SaaS) platform that allows local businesses to automate the collection of customer reviews. We do not guarantee a specific number of reviews, a specific star rating, or the removal of negative reviews from third-party platforms (e.g., Google, Yelp).
3. Subscription Terms, Fees, and Payments
Billing: Services are billed on a recurring monthly subscription basis. By entering your payment information, you authorize the Company to charge your payment method automatically on the renewal date.
Free Trials: If you register for a free trial, your payment method will be charged at the end of the trial period unless you cancel beforehand.
Cancellation: You may cancel your subscription at any time without penalty by contacting us at [email protected] or through your account dashboard. Cancellation will take effect at the end of the current billing cycle. No prorated refunds will be provided for partial months.
4. Acceptable Use and TCPA Compliance (CRITICAL) You are solely responsible for the "Client Customer Data" (names, phone numbers, emails) you upload into our system. By using our SMS and email features, you represent and warrant that:
You have obtained the necessary legal consent (opt-in) from your customers to send them SMS text messages and emails, in strict compliance with the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act.
You will not use the Services to send spam, unsolicited messages, illegal content, or malicious software.
The Company reserves the right to suspend or terminate your account immediately if we receive complaints of spam or regulatory violations.
5. Intellectual Property The Company retains all rights, titles, and interests in and to the Services, including all software, design, text, and graphics. You retain all ownership rights to the customer lists and data you upload into the system.
6. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TREASURE FETCH CREATIVE LLC, ITS AFFILIATES, OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL THE COMPANY'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO THE COMPANY IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
7. Indemnification You agree to defend, indemnify, and hold harmless Treasure Fetch Creative LLC and its employees, contractors, and affiliates from any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms and Conditions; or (iii) your violation of any third-party right, including without limitation any privacy, copyright, or property right (specifically regarding TCPA/SMS compliance).
8. Modifications to Terms We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on this site. Your continued use of the Services after such modifications will constitute your acknowledgment and agreement to the modified Terms.
