Terms and Conditions
Last Updated: November 6, 2024
Introduction
These Terms and Conditions (“Terms”) are entered into by and between Techvisor, Inc. or its Affiliate identified in the Order Form or Statement of Work (“Techvisor”), with its principal place of business at [Insert Techvisor Address], and the entity agreeing to these Terms or any Order Form or Statement of Work (“Client”). The parties agree as follows:
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TERMS & CONDITIONS
Provision of Services
Techvisor will provide its subscription service through the Techvisor Customer Experience & Reputation Marketing platform (the “Subscription Service”), and any professional services in relation to the implementation of the Subscription Service (the “Professional Services”; the Subscription Services and Professional Services may hereinafter be generally referred to as the “Services”) in accordance with these Terms and any terms and conditions provided for in a customer agreement, reseller agreement or order form for the Subscription Service (all such documents maybe referred to as an “Order Form”) or a statement of work for the delivery of Professional Services (“Statement of Work”). Client understands, acknowledges and agrees that onboarding and implementation of the Services may take up to 2 hours over a 4 week period of time. Client’s reasonable and timely participation in the onboarding process is a vital component of delivering the Services and any delays in this process caused by Client will not affect the duration of any agreement and will not provide a basis for non-payment or termination.
Third Party Sites
To the extent that Client requests or otherwise cause the Subscription Service to be integrated with, or make use of data from, other websites or services (e.g., Facebook, Google+ and Twitter) (“Third Party Sites”), Client agrees that Techvisor does not have control over the terms of use, privacy policies, operation, intellectual property rights, performance, service levels or content of any Third Party Sites; and Techvisor disclaims all responsibility and liability for any use of Third Party Sites. The Services incorporate or make the use of certain third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits Client’s rights under, or grants Client rights that supersede, the terms and conditions of any applicable license for such Third Party Software. Such Third Party Software includes but is not limited to the following software and services and by use of the Services, Client agrees to be bound by the terms of said Third Party Software: Google [link to Google Terms], Facebook [link to Facebook Terms], Twitter [link to Twitter TOS], Youtube [link to Youtube Terms], Twilio [link to Twilio TOS], LinkedIn [link to LinkedIn User Agreement].
Using Third Parties For Reviews. Client understands that in order for its customers, end users or others to leave a review about its product or services on Google, Facebook, Twitter and similar third party sites, it may be required to have an active, registered account on the relevant third party platform.
Subscription Service Content
During Client’s use of the Subscription Service, Client may receive data generated by the Subscription Service. Client may display such generated data on Client’s website but may not modify the data or otherwise use it for any other purposes without Techvisor’s prior express written approval. For purposes of clarification, data generated by the Subscription Service may include data and content that is owned or licensed by a third party, and Client’s use of such third party data and content is limited further by such third party’s applicable license terms and web site terms of use. Techvisor hereby disclaims responsibility and/or liability in full for Client’s use of any such third party data and content under these Terms.
Obligations With Respect to Third Party Sites
When using the Services, Client agrees to adhere to the Terms of Service of all major review sites. This includes but not limited to Google, Facebook, Yelp, and other review sites.
- Review Gating: Client’s use of the Techvisor platform cannot implement any form of review gating. Review gating is a process where companies send a message to customers asking if their experience was positive or negative. Those who had a positive experience are directed to leave an online review. Those who had a negative experience are typically sent to a form to leave comments that are not made public.
- No Fake Reviews: Client agrees to use the Services in compliance with all FTC guidelines and rules regarding the solicitation and use of fake or misleading reviews including but not limited to 16 CFR Part 465: Trade Regulation Rule on the Use of Consumer Reviews and Testimonials (Final Rule).
- Review Widget: Techvisor may provide its Clients with a Reviews widget which allows you to customize the Reviews shown on your website. It is Client’s sole responsibility to ensure that the settings provide for compliance with all laws.
- Solicitation of Reviews: When soliciting reviews using the