Terms and Conditions ("Terms") constitute a legally binding agreement between Hopper Enterprises LLC, doing business as Review Baboon ("Review Baboon," "we," "us," or "our"), and the individual or entity accessing or using our Services ("Client" or "you"). By accessing our website at reviewbaboon.com or using our reputation management software and services, you agree to be bound by these Terms.
1. Services
Review Baboon provides reputation management software and services to business clients, including automated review request campaigns, review monitoring, and related tools delivered through our platform. Services are provided on a subscription basis and are governed by the plan selected at the time of purchase.
2. Eligibility
You must be at least 18 years of age and have the legal authority to enter into this agreement on behalf of yourself or the business entity you represent. By using our Services, you represent and warrant that you meet these requirements.
3. Account Registration
To access our Services, you must register for an account by providing accurate and complete information including your name, business name, email address, and phone number. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at [email protected] of any unauthorized use of your account.
4. Payment Terms
All payments are processed through Stripe. By providing payment information, you authorize us to charge your selected payment method for the subscription fees associated with your plan. Subscription fees are billed on a recurring basis as specified at the time of purchase. All fees are non-refundable except as expressly stated in these Terms or required by applicable law. We reserve the right to modify pricing with 30 days written notice to active Clients.
5. SMS Messaging Terms
By providing your phone number and using our Services, you consent to receive SMS messages from Review Baboon related to your account, onboarding, and service updates. These messages are transactional in nature and are not marketing communications directed at end consumers through our platform.
Message and data rates may apply. You may opt out of SMS communications at any time by replying STOP or contacting us at [email protected]. Opting out of SMS may affect your ability to receive certain service notifications.
We comply with all applicable SMS regulations including the Telephone Consumer Protection Act (TCPA) and CTIA guidelines. We do not send unsolicited commercial text messages and do not share phone numbers for third-party marketing purposes.
6. Acceptable Use
You agree to use our Services only for lawful purposes and in compliance with all applicable laws and regulations. You agree not to:
• Use our Services to send spam, unsolicited messages, or content that violates the TCPA or CAN-SPAM Act
• Use our Services to harass, abuse, or harm any individual or business
• Attempt to gain unauthorized access to our systems or other Clients' accounts
• Reverse engineer, decompile, or disassemble any portion of our platform
• Use our Services to engage in any fraudulent or deceptive practices
• Violate any applicable local, state, federal, or international law or regulation
7. Third-Party Integrations
Our Services integrate with third-party platforms including Google Business Profile, social media platforms, GoHighLevel, Stripe, and others. By connecting these accounts, you grant us limited access necessary to perform the Services. You remain responsible for compliance with the terms of service of any third-party platforms you connect to our Services. We are not responsible for the availability, accuracy, or conduct of third-party services.
8. Intellectual Property
All content, software, technology, and materials on our platform are owned by or licensed to Hopper Enterprises LLC and are protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use our Services for your internal business purposes during the term of your subscription. You may not reproduce, distribute, or create derivative works from our platform or content without our prior written consent.
9. Confidentiality
Each party agrees to maintain the confidentiality of the other party's proprietary information and not to disclose such information to third parties without prior written consent, except as required by law.
10. Disclaimers
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
We do not guarantee any specific results from use of our Services, including any particular number or quality of reviews generated for your business.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOPPER ENTERPRISES LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE THREE MONTHS PRECEDING THE CLAIM.
12. Indemnification
You agree to indemnify, defend, and hold harmless Hopper Enterprises LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in connection with your use of our Services, your violation of these Terms, or your violation of any applicable law or the rights of any third party.
13. Term and Termination
These Terms remain in effect for the duration of your subscription. Either party may terminate the subscription with 30 days written notice. We reserve the right to suspend or terminate your account immediately without notice if you violate these Terms or engage in conduct that we determine, in our sole discretion, is harmful to our platform, other Clients, or third parties. Upon termination, your right to access our Services ceases immediately. We will delete your data within 90 days of termination in accordance with our Privacy Policy.
14. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or our Services shall be resolved through binding arbitration in York County, South Carolina, in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction.
15. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and updating the effective date. Your continued use of our Services after the effective date of any changes constitutes your acceptance of the updated Terms.
16. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
17. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Hopper Enterprises LLC regarding your use of our Services and supersede all prior agreements and understandings.
