For Business Subscribers
Effective Date: May 8, 2026
Last Updated: May 8, 2026
Welcome to TrustByReviews.
These Terms of Service (the "Terms") govern your access to and use of the TrustByReviews platform, websites, services, software, review tools, feedback tools, incentive features, mediation features, integrations, dashboards, communications, and related services provided by Tidemark Strategies LLC, a Wyoming limited liability company doing business as TrustByReviews™ and TruthByReviews™ ("TrustByReviews," "TBR," "we," "us," or "our").
By accessing or using TrustByReviews — creating an account, submitting feedback, purchasing a plan, using Reward Credits, participating in a review or feedback process, or interacting with any TrustByReviews service — you agree to these Terms. If you do not agree, you must not use the platform.
PLEASE READ SECTIONS 41–47 (DISPUTE RESOLUTION) CAREFULLY. THEY REQUIRE BINDING INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
1. Definitions
For clarity, the following terms are used throughout this agreement:
"TBR," "TrustByReviews," "we," "us," or "our" means Tidemark Strategies LLC, doing business as TrustByReviews and TruthByReviews, including its platform, websites, services, systems, software, tools, and related brands.
"TruthByReviews" means the public-facing trust layer connected to TrustByReviews, where reviews, feedback, business trust signals, imported review visibility, and related reputation information may be displayed.
"Business," "Customer," "Tenant," "Account Holder," or "you" means the business, agency, organization, or individual that creates or uses a TrustByReviews account.
"Consumer," "Reviewer," or "Participant" means an individual who submits feedback, a review, audio review, video review, written review, response, or other information through the platform.
"Review" or "Feedback" means any consumer-submitted written, audio, video, voice, rating, statement, response, comment, testimonial, concern, complaint, or related submission.
"Reward Credits" means the platform currency used to power incentive rewards, email sends, SMS sends, premium campaign activity, and other approved actions within the TrustByReviews platform.
"Incentives" or "Rewards" means dining cards, hotel savings cards, vacation certificates, cashback rewards, promotional rewards, sweepstakes entries, or other approved items that may be offered through the platform.
"Mediation Window" means the private response period that allows a business and consumer to communicate and attempt resolution before certain feedback becomes publicly visible.
"Platform" or "Services" means the TrustByReviews software, dashboards, websites, portals, QR code tools, review pages, feedback flows, messaging systems, reward systems, integrations, and related services.
2. Platform Purpose
TrustByReviews is a trust, feedback, reputation, and customer-engagement platform. The Platform is designed to help businesses:
collect authentic customer feedback;
capture text, audio, and video reviews;
create a fair response process for customer concerns;
use incentives to increase feedback participation;
manage and strengthen reputation assets;
display reviews and trust signals; and
support stronger visibility in the evolving AI search and trust economy.
TrustByReviews is not designed to manipulate reviews, suppress legitimate criticism, or pay customers for positive reviews. The required positioning is: TBR rewards feedback participation, not positive reviews.
Businesses using the platform agree that incentives must not be offered in exchange for positive reviews, altered reviews, removed reviews, or manipulated public review outcomes.
The Platform provides tools for these purposes; it does not guarantee any specific business outcome, number of reviews, or sales result.
3. Eligibility and Account Use
To use TrustByReviews as a business account holder, you must:
(a) be at least the age of majority in your jurisdiction;
(b) have authority to act on behalf of the business or organization you register;
(c) provide accurate account and billing information;
(d) comply with all applicable laws, platform rules, privacy requirements, and review platform policies;
(e) use the Platform only for lawful business purposes.
You are responsible for all activity under your account, including activity by employees, contractors, agencies, administrators, users, and representatives who access the Platform on your behalf. You are responsible for keeping login credentials secure.
4. Business Account Responsibilities
Businesses using TrustByReviews agree to:
use the Platform honestly and transparently;
avoid misleading customers about rewards, reviews, or incentives;
not offer rewards only for positive feedback;
not ask customers to change, remove, or improve feedback in exchange for compensation;
not use the Platform to harass, pressure, mislead, or manipulate customers;
comply with all applicable privacy, marketing, consent, and communication laws (including CAN-SPAM, TCPA, the Florida Telephone Solicitation Act, CASL, GDPR, and CCPA/CPRA);
ensure staff members use QR codes, review requests, and customer communications appropriately;
ensure any public claims, business information, credentials, certifications, or verification details submitted are accurate.
TrustByReviews reserves the right to suspend or terminate accounts that violate these requirements.
5. Consumer Feedback, Reviews, Audio, and Video Submissions
Consumers may submit feedback in written, audio, video, rating, or other approved formats. By submitting feedback, a consumer confirms that:
(a) the feedback reflects their genuine experience or opinion;
(b) the information submitted is not knowingly false, misleading, defamatory, abusive, or fraudulent;
(c) they have the right to submit the content;
(d) they understand the submission may be used, displayed, processed, transcribed, reviewed, mediated, or published according to the platform process.
Audio and video submissions may be transcribed, summarized, refined, or converted into written review content.
Where AI-assisted transcription or refinement is used, the goal is to preserve the meaning and authenticity of the consumer's original submission. Consumers will be given the opportunity to review and approve the AI-polished transcript before publication. Both the original transcript and the approved final version may be retained and displayed.
6. Reviewer Verification
TrustByReviews requires reviewer verification to support a more trustworthy feedback environment. At minimum, consumers may be required to provide:
name;
email address.
Phone number or additional verification details may be optional or required depending on the review flow, campaign, business type, reward, or verification process.
Reviewer verification helps reduce anonymous abuse, fake reviews, low-quality submissions, and bad-faith activity. TrustByReviews may reject, hold, flag, or remove submissions that cannot be reasonably verified or that appear fraudulent, abusive, automated, misleading, or otherwise improper.
7. Mediation Window and Fair Response Process
The Mediation Window is one of the core features of TrustByReviews. When feedback includes a concern, complaint, or potentially negative experience, the Platform may provide a private response period before the feedback becomes publicly visible.
The default Mediation Window is 72 hours, with the ability for a business to adjust to 96 hours where available.
The Mediation Window operates like a chess clock:
1. The business is notified that customer feedback needs attention.
2. The business has a limited time to respond.
3. If the business responds, the response period may shift to the consumer.
4. If the consumer responds, the conversation may continue toward resolution.
5. If the business does not respond within the applicable window, the feedback may proceed according to the platform rules.
6. If the consumer does not respond after the business has made a good-faith effort, the feedback may remain unresolved, paused, held, or treated differently according to the platform process.
The purpose of mediation is not to hide legitimate feedback. The purpose is to create a fair opportunity for the business and consumer to communicate, resolve concerns, and allow the final review to reflect the full customer experience, including any resolution.
All mediation communication may be archived for audit, support, quality, and dispute purposes.
8. Review Publication and Display
Reviews and feedback may be displayed on:
TrustByReviews dashboards;
TruthByReviews public-facing pages;
the Said.it network and other TrustByReviews-owned or affiliated properties;
embedded website widgets or links;
approved review pages;
approved social or external platform pathways;
customer-facing trust profiles;
internal business dashboards.
Businesses control and own the reviews and customer contacts generated through their TBR account, subject to these Terms, platform rules, applicable law, and consumer rights.
TrustByReviews may retain a master record of review, feedback, mediation, and account data for continuity, support, audit, operational, legal, and platform integrity purposes.
If a business cancels, reviews generated during the active account period may remain publicly visible unless the business requests otherwise and the request is approved under applicable platform rules and legal requirements.
9. External Review Platforms
TrustByReviews may provide tools to support sharing, routing, importing, displaying, or connecting review-related information with external platforms such as Google, Trustpilot, Facebook, and others as features become available.
External platforms have their own rules, terms, policies, and enforcement systems. Businesses are responsible for complying with all external platform rules. TrustByReviews does not guarantee that content will be accepted, published, ranked, displayed, indexed, or retained by any external platform.
TrustByReviews does not encourage or support:
buying positive reviews;
conditioning rewards on public review sentiment;
suppressing legitimate public criticism;
manipulating third-party review platforms;
violating Google, Trustpilot, Yelp, Facebook, or other platform rules.
Businesses must use TBR in a compliant, transparent, and ethical manner.
10. TruthByReviews and Trust Signals
TruthByReviews is the forward-facing trust layer connected to TrustByReviews. TruthByReviews may display or organize:
customer reviews;
imported review visibility;
business facts;
credentials and certifications;
proof signals;
mediation or resolution indicators;
structured trust data;
other relevant business credibility information.
TruthByReviews is intended to help businesses present stronger trust signals to customers, prospects, and AI-era discovery environments.
The Truth Score feature may be introduced, revised, refined, expanded, or released over time. Unless expressly stated otherwise, Truth Score should be considered a developing or beta feature and should not be treated as a guarantee of business quality, search ranking, customer satisfaction, or regulatory compliance.
11. AI Search and AEO Positioning
TrustByReviews may support stronger AI-era trust visibility by helping businesses collect, structure, and display authentic feedback and trust signals. However, TrustByReviews does not guarantee:
Google ranking results;
AI search rankings;
inclusion in AI-generated recommendations;
specific answer-engine placement;
specific traffic increases;
specific conversion results;
guaranteed reputation improvement.
Any references to AI search, AEO, answer-engine optimization, or trust visibility are positioning and strategy concepts, not guaranteed outcomes.
12. Incentives and Rewards
TrustByReviews may allow businesses to offer incentives or rewards to consumers for participating in feedback flows, campaigns, surveys, review requests, or related engagement actions. Rewards may include, but are not limited to:
dining cards;
hotel savings cards;
vacation certificates;
cashback rewards;
sweepstakes entries;
promotional rewards;
other approved incentives.
Rewards are offered for participation, engagement, or feedback completion. Rewards must not be offered only in exchange for positive reviews. Rewards must not be used to pressure, manipulate, mislead, or influence customers to provide false, exaggerated, edited, removed, or sentiment-conditioned feedback.
Businesses are responsible for ensuring that any reward campaign they run is lawful, compliant, and properly disclosed. Reward availability may vary by tier, location, campaign, provider, jurisdiction, redemption rules, and current platform configuration.
13. Reward Fulfillment
Reward fulfillment may be provided by TrustByReviews, Marketing Boost, Redeem Vacations, Vacation VIP, SaversApp, third-party vendors, affiliate partners, travel providers, or other approved fulfillment partners.
Rewards may be subject to:
availability;
blackout dates;
destination limitations;
eligibility requirements;
activation fees;
taxes;
resort fees;
travel costs;
upgrades;
redemption deadlines;
provider terms;
verification requirements;
geographic restrictions;
other conditions disclosed at the time of reward issue or redemption.
A vacation certificate, hotel savings card, dining card, cashback reward, or other incentive should not be described in a misleading way. Where applicable, accurate terms such as complimentary hotel stay, vacation certificate, hotel savings card, or travel incentive should be used.
TrustByReviews is not responsible for a recipient's failure to redeem a reward, meet eligibility requirements, complete required steps, pay applicable fees, or comply with provider terms.
14. Reward Credits
Reward Credits are the platform currency used to power campaign activity inside TrustByReviews. Credits may be used for:
incentives;
reward issuance;
email sends;
SMS sends;
premium campaign activity;
extra promotional pushes;
other approved platform actions.
Credits do not limit basic review submission, feedback collection, or core mediation.
Monthly subscription plans include a monthly allocation of Reward Credits. Current monthly credit allowances may include:
TBR Pro: 15,000 credits per month;
TBR Growth: 60,000 credits per month;
TBR Platinum: 120,000 credits per month;
TBR Enterprise: starting at 250,000 credits per month, subject to custom terms.
Credit allowances, costs, and usage rules may change with notice or as platform features evolve.
15. Credit Menu and Usage Costs
The current credit menu may include:
Dining Cards
$25 Dining Card: 25 credits;
$50 Dining Card: 50 credits;
$100 Dining Card: 100 credits.
Hotel Savings Cards
$100 Hotel Savings Card: 125 credits;
$200 Hotel Savings Card: 250 credits;
$300 Hotel Savings Card: 375 credits;
$500 Hotel Savings Card: 625 credits.
Vacation Certificates
Standard Vacation Certificate: 1,000 credits;
All-Inclusive Vacation Certificate: 1,250 credits.
Communication
1 email: 1 credit;
1 SMS: 5 credits.
Credit values may be updated from time to time based on reward cost, provider changes, platform changes, or business requirements.
16. Credit Balance, Renewal, and Rollover
Monthly subscription credits refresh at the start of each billing cycle. Monthly subscription credits do not roll over. Unused monthly credits expire at the end of the billing cycle.
Purchased credit packs do not expire unless otherwise stated at the time of purchase. Purchased credit packs are not refundable once any credits from the pack have been used.
If a business runs low on credits, the Platform may send notifications at 25% remaining, 10% remaining, and 0% remaining.
When credits reach zero, reward issuance, outbound email sends, outbound SMS sends, and other credit-powered actions may be paused or hard-blocked until the business purchases additional credits or upgrades its plan.
17. Credit Packs and Plan Upgrades
Businesses may purchase additional credit packs when they need more campaign power before the next monthly reset. Credit packs may be available to all tiers unless otherwise restricted. Credit pack pricing, availability, and terms may change.
If a business upgrades its subscription tier, the business may receive the new tier's credit allowance immediately, along with access to applicable upgraded features. If a business repeatedly purchases larger credit packs, a higher monthly subscription plan may provide better value.
18. Plans, Pricing, and Billing
TrustByReviews may offer monthly, annual, enterprise, promotional, beta, or special access plans.
Current standard public monthly pricing may include:
TBR Pro: $99 per month;
TBR Growth: $199 per month;
TBR Platinum: $349 per month;
TBR Enterprise: custom pricing.
Current annual pricing may include:
TBR Pro: $999 per year;
TBR Growth: $1,999 per year;
TBR Platinum: $3,499 per year.
All pricing is currently listed in USD unless otherwise stated. Regional or dynamic pricing may be introduced in the future.
Pricing, features, credit allowances, plan names, and available services may be changed at any time for new purchases or renewals. Taxes, processing fees, currency conversion fees, and other charges may apply.
Auto-Renewal. Subscriptions automatically renew at the end of each billing cycle at the then-current rate unless cancelled before the renewal date. You may cancel at any time through your account dashboard.
Price Changes. We may change subscription prices upon at least 30 days' prior notice, with the new price taking effect at the next billing cycle.
19. Cancellation and Refunds
Monthly plans may be cancelled at any time. If a monthly plan is cancelled, the business will retain access until the end of the current billing cycle unless otherwise stated.
Annual plans are discounted and are not refundable once purchased. If an annual plan is cancelled, the business will retain access until the end of the annual term unless terminated for violation of these Terms.
Purchased credit packs are not refundable once any credits from the pack have been used.
Promotional offers, beta access, lifetime offers, special bonuses, or Marketing Boost member access may have separate terms. Refund exceptions, if any, are at the sole discretion of TrustByReviews.
20. Marketing Boost Member Access
Certain Marketing Boost annual members may receive TrustByReviews Pro-level access as a bonus while they remain paid-in-full annual Marketing Boost members. Eligibility may require:
active annual Marketing Boost membership;
use of the same email address associated with the Marketing Boost account;
verification through an approved system or API;
compliance with these Terms;
continued good standing.
If Marketing Boost membership lapses, is cancelled, becomes unpaid, or is otherwise not in good standing, the related TrustByReviews bonus access may be removed, suspended, or converted to a paid plan. Marketing Boost member access may change, be limited, or be discontinued at any time.
TrustByReviews is independently owned and operated and is not owned by, controlled by, or part of Marketing Boost or Digital Experts LLC. The Marketing Boost member promotional bundle is offered under a separate cooperative arrangement and is governed by separate TrustByReviews MB Member Terms where applicable.
21. Lifetime Access and Promotional Offers
TrustByReviews may offer lifetime access, beta access, special promotions, launch offers, or credit-based entry offers from time to time. Such offers are only valid when expressly confirmed by TrustByReviews.
Lifetime access, if offered, means access to specified Platform features under the terms of that offer. It does not necessarily include lifetime credits, lifetime rewards, lifetime integrations, lifetime support, lifetime hosting, lifetime third-party services, or lifetime access to all future features.
Promotional offers may have separate credit limits, expiry rules, feature limits, upgrade rules, and eligibility requirements. Do not rely on any offer unless it is published by TrustByReviews or confirmed by an authorized representative.
22. Automation Booster, GoHighLevel, and Integrations
TrustByReviews may include or align with CRM, automation, email, SMS, contact management, and workflow tools through TBR Booster, Automation Booster, GoHighLevel, white-label GoHighLevel services, or other integrations.
Feature availability may depend on tier, setup, technical status, third-party provider rules, account configuration, and implementation path. TrustByReviews does not guarantee uninterrupted access to third-party platforms or integrations.
If a third-party integration changes, breaks, suspends access, changes pricing, or discontinues service, TrustByReviews may adjust, replace, remove, or modify related features.
23. Imported Reviews and Third-Party Data
TrustByReviews may use DataShake or other tools to import, sync, display, or reference review data from external platforms. Imported reviews may be displayed inside TrustByReviews, TruthByReviews, dashboards, reports, or public-facing trust profiles.
The availability, accuracy, frequency, completeness, and legality of imported review data may depend on external platforms, APIs, data providers, and technical limitations. TrustByReviews does not guarantee that all external reviews can be imported, updated, displayed, or used in scoring.
24. Social Media and Review Distribution
TrustByReviews may offer features that allow businesses to share, distribute, embed, or route review content to websites, social media platforms, or external review pathways. Facebook may be among the first available social media integrations. Google and Trustpilot may be among the first external review platform pathways. These features may be in early development and may expand over time.
Businesses are responsible for ensuring that any shared content, testimonial use, review routing, or public posting complies with applicable laws and platform rules.
25. Staff-Level QR Codes and Tracking
TrustByReviews may provide or develop staff-level, location-level, department-level, campaign-level, or unique QR code tracking features. These features may allow businesses to see which staff members, teams, locations, or campaigns generate reviews or feedback.
Businesses using staff-level tracking are responsible for complying with employment, privacy, monitoring, incentive, and internal HR requirements. TrustByReviews does not determine employee compensation, performance discipline, bonuses, or HR decisions.
26. Gamification, Sweepstakes, and Promotional Campaigns
TrustByReviews may offer or develop gamification features, such as spin-to-win, scratch cards, sweepstakes entries, reward games, contests, or prize-based campaigns.
All sweepstakes, contests, and prize promotions are subject to applicable laws, eligibility rules, geographic restrictions, official rules, and platform requirements. Businesses are responsible for ensuring that any sweepstakes or game-based promotion they run is lawful in the jurisdictions where it is offered.
TrustByReviews may require separate official rules, disclosures, eligibility requirements, and approvals before allowing certain campaigns.
27. Acceptable Use
You agree not to use TrustByReviews to:
violate any law or regulation;
submit fake, fraudulent, or misleading reviews;
pay for positive reviews;
suppress legitimate negative feedback;
manipulate public review platforms;
impersonate another person or business;
harass, threaten, abuse, or defame customers or competitors;
upload illegal, explicit, hateful, violent, discriminatory, or harmful content;
promote tobacco, vaping, explicit sexual content, hate propaganda, illegal activity, or other restricted categories without approval;
scrape, copy, reverse engineer, damage, overload, or interfere with the Platform;
bypass billing, credit systems, verification systems, or feature gates;
misuse customer data;
send unlawful email or SMS messages;
violate third-party platform rules.
TrustByReviews may suspend, restrict, or terminate access for violations.
28. Restricted Businesses and Content
TrustByReviews may refuse, suspend, or terminate service for businesses or campaigns that create legal, compliance, reputational, ethical, or brand risk. Restricted categories may include:
tobacco;
vaping;
illegal drugs;
explicit sexual products or services;
hate propaganda;
extremist content;
illegal activity;
fraudulent services;
misleading financial claims;
abusive political content;
high-risk or regulated offers without proper approval;
any other category TrustByReviews considers inappropriate or risky.
Approval is at the sole discretion of TrustByReviews.
29. Customer Data, Privacy, and Consent
TrustByReviews may collect, process, store, and use customer data for:
reviewer verification;
review submission;
feedback processing;
mediation;
reward delivery;
business communication;
customer follow-up;
fraud prevention;
Platform improvement;
legal compliance;
account support.
Customer data is never sold to third parties.
Customer data may be shared with service providers, reward partners, messaging providers, technical providers, verification providers, payment processors, and other necessary vendors only as needed to operate the Platform.
Businesses are responsible for ensuring they have appropriate consent to upload, use, message, or process customer data through the Platform. Email and SMS messages must include appropriate consent and opt-out controls where required.
Use of the Platform is also governed by the TrustByReviews Privacy Policy, which is incorporated by reference.
30. Data Retention and Account Closure
TrustByReviews may retain account data, review data, customer data, mediation history, communication history, billing records, and Platform records for a limited period after cancellation for support, continuity, audit, legal, tax, operational, and reactivation purposes.
Businesses may export their customer database during an active subscription and for thirty (30) days following termination of access. After that period, TrustByReviews may delete or archive that data, subject to legal requirements, customer rights, and operational needs.
TrustByReviews may retain records where required or permitted by law.
31. Business Claims, Verification, and Truth Signals
Businesses are responsible for the accuracy of any business facts, credentials, licenses, insurance details, certifications, awards, years in operation, claims, proof, or verification information submitted to TrustByReviews or TruthByReviews.
TrustByReviews may request supporting documentation. TrustByReviews may remove, reject, flag, or mark as unverified any claims that cannot be reasonably validated. TrustByReviews is not responsible for false or misleading claims submitted by businesses.
32. User-Generated Content License
By submitting reviews, feedback, business content, audio, video, images, text, credentials, or other material to the Platform, you grant TrustByReviews and its affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, process, display, reproduce, modify (for formatting, length, transcription, or accessibility only — never for substantive content), translate, create derivative works of, publish, distribute, syndicate, publicly display, and publicly perform the content.
This license includes the right to publish content on TruthByReviews.com, on the Said.it network, on TrustByReviews-affiliated properties, on the website and marketing channels of the business reviewed, and through search-engine and answer-engine syndication.
Businesses represent that they have the necessary rights and permissions to upload, use, and display any content they submit. Consumers represent that their submissions are their own original content (or, if they include material from others, that they have the right to share it).
33. Intellectual Property
TrustByReviews™, TruthByReviews™, VoiceReview Engine™, TBR™, MarcoTing™, Reward Credits, Platform designs, software, workflows, dashboards, code, business processes, brand assets, trade names, logos, templates, documents, structures, and related materials are owned by Tidemark Strategies LLC or its licensors.
You may not copy, reproduce, reverse engineer, resell, white-label, sublicense, distribute, or create derivative works from the Platform unless authorized in writing.
34. Payment Processing
Payments may be processed through Stripe or other approved payment processors. By purchasing a plan, credit pack, promotional offer, or other service, you agree to the payment terms, processor terms, taxes, and applicable fees.
Failed payments may result in suspension, loss of access, paused credits, disabled rewards, or termination. You are responsible for keeping billing information current.
35. Service Availability and Beta Features
TrustByReviews aims to provide reliable access, but we do not guarantee uninterrupted service. The Platform may be unavailable due to maintenance, updates, hosting issues, third-party outages, API failures, payment provider issues, messaging provider issues, external platform changes, security incidents, or events outside our control. TrustByReviews is not liable for temporary outages, delays, failed messages, failed imports, or third-party disruptions.
Beta Features. Certain features may be released in beta, pilot, early-access, or testing form. Beta features may change, break, be limited, be removed, or be discontinued at any time. TruthByReviews, Truth Score, gamification, advanced integrations, staff-level QR codes, imported review scoring, AI visibility tools, and other features may be updated over time. TrustByReviews may modify, add, remove, or reprice features as the Platform evolves.
DISCLAIMERS, LIABILITY, AND DISPUTE RESOLUTION
36. No Professional Advice; No Guarantee of Results
TrustByReviews provides technology, marketing, reputation, feedback, and trust-building tools. We do not provide legal, tax, financial, HR, compliance, employment, or regulatory advice. Businesses should consult qualified professionals regarding review compliance, incentive rules, sweepstakes laws, privacy laws, SMS and email consent, employment monitoring, public review platform policies, and industry-specific regulations.
TrustByReviews does not guarantee a specific number of reviews, positive reviews, improved ratings, increased sales, customer satisfaction, Google ranking, Trustpilot ranking, AI search visibility, social media engagement, reward redemption, lead generation, revenue growth, or dispute resolution. Results depend on many factors, including customer experience, staff execution, campaign design, offer clarity, timing, industry, location, reputation history, and customer participation.
37. Limited Warranty and Disclaimer
TrustByReviews warrants that the Services have been and will be performed in a workmanlike manner and shall conform to generally accepted industry standards for similar services. This is the only warranty TrustByReviews makes.
EXCEPT AS PROVIDED ABOVE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRUSTBYREVIEWS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
38. Limitation of Liability
To the maximum extent permitted by law, TrustByReviews is not liable for indirect, incidental, special, consequential, punitive, exemplary, or lost-profit damages. This includes damages related to lost revenue, reputation harm, lost customers, failed rewards, failed messages, Platform outages, third-party actions, review platform decisions, customer complaints, inaccurate business claims, failed integrations, AI search outcomes, or campaign performance.
Liability Cap. To the maximum extent permitted by law, TrustByReviews' total aggregate liability for any claim arising out of or relating to these Terms or the Services will not exceed the greater of (i) the amount actually paid by the business to TrustByReviews during the three (3) months preceding the claim, or (ii) ONE HUNDRED U.S. DOLLARS (US$100).
Essential Basis. You acknowledge that these limitations are an essential basis of the bargain and apply even if a remedy fails of its essential purpose.
39. Indemnification
You agree to defend, indemnify, and hold harmless TrustByReviews, its owners, officers, directors, employees, contractors, affiliates, vendors, and partners from any claims, losses, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from:
your use of the Platform;
your violation of these Terms;
your violation of law or third-party right (including FTC rules, TCPA, CAN-SPAM, GDPR, CCPA, or third-party platform terms);
your customer communications;
your reward campaigns;
your business claims;
your uploaded content;
your misuse of customer data;
your staff or user activity;
your review or incentive practices.
TrustByReviews reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification, in which case you will cooperate fully.
40. Suspension and Termination
TrustByReviews may suspend, restrict, or terminate access if:
payment fails;
credits are exhausted for credit-powered actions;
account activity violates these Terms;
the business uses incentives improperly;
the business attempts to manipulate reviews;
the business violates external platform rules;
the account creates legal, compliance, or brand risk;
the account is abusive, fraudulent, or harmful;
required verification is not provided.
Termination does not relieve the business of payment obligations incurred before termination. Upon termination: your right to access the Platform ends; you may export your customer database for 30 days; reviews and User Content already published or syndicated under the licenses in these Terms remain published; and the provisions that by their nature should survive will survive.
DISPUTE RESOLUTION
41. Informal Resolution
Before initiating any formal dispute, the parties agree first to attempt to resolve the dispute informally for at least sixty (60) days by written notice to [email protected].
42. Binding Arbitration
If informal resolution fails, all disputes arising out of or relating to these Terms or the Services will be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. Arbitration will be conducted by a single arbitrator and held in Seminole County, Florida, or by videoconference at the arbitrator's discretion.
43. Class Action Waiver
YOU AND TRUSTBYREVIEWS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, MASS, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one party's claims and may not preside over any form of class or representative proceeding.
44. 30-Day Right to Opt Out of Arbitration
You may opt out of Sections 42 and 43 by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. The notice must include your name, account email, and a clear statement of intent to opt out. Opting out does not affect the rest of these Terms.
45. Jury Trial Waiver
TO THE EXTENT ANY CLAIM PROCEEDS IN COURT NOTWITHSTANDING THE FOREGOING, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO TRIAL BY JURY.
46. Suspension During Dispute; Attorneys' Fees
In any dispute arising under these Terms that is not resolved informally, TrustByReviews may suspend the provision of Services until the dispute is resolved. In any litigation or arbitration between the parties, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs.
47. Governing Law and Venue
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles. Subject to Sections 42–44, any action permitted to be brought in court shall be filed exclusively in the state or federal courts located in Seminole County, Florida, and the parties consent to personal jurisdiction and venue in those courts.
GENERAL PROVISIONS
48. Changes to These Terms
TrustByReviews may update these Terms from time to time. Updated Terms will be posted on the website with a revised "Last Updated" date. Material changes will become effective no earlier than 14 days after notice, except where immediate effectiveness is required for legal or security reasons. Continued use of the Platform after the effective date constitutes acceptance.
49. Notices
Notices to you may be given by email to the address on your account, by in-Platform notification, or by posting on the Platform. Notices to TrustByReviews must be sent to [email protected] with a copy by certified mail to the registered agent address in Section 52.
50. Independent Contractors; Assignment; Force Majeure
Independent Contractors. The relationship between the parties is that of independent contractors. Nothing in these Terms creates any agency, partnership, joint venture, employment, or fiduciary relationship between the parties.
Assignment. You may not assign these Terms without TrustByReviews' prior written consent. TrustByReviews may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of assets.
Force Majeure. TrustByReviews is not liable for any failure or delay caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, pandemic, labor disputes, internet or telecommunications failure, or third-party service outages.
51. Severability; No Waiver; Final Agreement
Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.
No Waiver. A failure by either party to enforce any right is not a waiver of that right.
Final Agreement. These Terms, together with the TrustByReviews Privacy Policy, any applicable plan terms, reward terms, payment terms, promotional terms, and written agreements, form the entire agreement between you and TrustByReviews regarding your use of the Platform. All prior and contemporaneous understandings, agreements, promises, representations, and warranties — written or oral — are hereby superseded and of no effect unless expressly set forth herein.
52. Contact Information
Tidemark Strategies LLC d/b/a TrustByReviews™ and TruthByReviews™
Registered Agent: Registered Agent Inc.
30 N Gould St, Ste R
Sheridan, WY 82801
Email: [email protected]
Legal / Disputes: [email protected]
DMCA Agent: [email protected]
Phone: (407) 837-0194
Acceptance
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