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Agile Reviews Terms of Service

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These Terms of Service (the Terms) are the agreement between [Agile Web Designs legal entity name], a company registered in England and Wales under company number [number], whose registered office is at [address], trading as Agile Reviews (we, us, our), and the business that signs up for the Service (you, your).

The Terms apply from the moment you start a trial, sign up for a plan, or otherwise use the Service. By doing so, you confirm that you have read and accept them and that you are authorised to accept them on behalf of your business.

The Service is for businesses only. It is not offered to consumers, and you confirm you are entering into these Terms for business purposes.

The Data Processing Terms in the Schedule form part of these Terms.

1. Definitions

  • Service means the Agile Reviews review automation service, including the platform, automated review requests by SMS, email and WhatsApp, follow-ups, personalised images, AI-assisted messages and review replies, social posting, integrations, onboarding and support, as described on our website or in your Order.
  • Order means the plan and any add-ons you choose, whether selected online, by email, or confirmed on a call with us.
  • Customer Data means personal data about your customers, patients, guests or clients that you provide to us or connect to the Service.
  • Data Protection Law means the UK GDPR, the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR), the EU GDPR where it applies to you, and any other law on personal data or electronic marketing that applies to you.
  • Third-Party Platforms means services we do not own or control but which the Service connects to or relies on, including Google, Meta (including WhatsApp and Facebook), messaging and email providers, and your booking or CRM systems.
  • Working day means Monday to Friday, excluding bank holidays in England.

2. The Service

2.1 We will provide the Service with reasonable skill and care, in line with your Order.

2.2 Onboarding includes a setup call, connecting your Google Business Profile, and importing or connecting your Customer Data. You agree to give us the access and information we reasonably need to set the Service up.

2.3 Where your Order includes reactivation of past customers, this is a one-off process carried out during onboarding. Each past customer receives the same request sequence as new customers, up to the number of requests set out in your plan.

2.4 We help you ask for reviews. We do not and cannot guarantee any number of reviews, any star rating, any Google ranking, or any increase in enquiries or revenue. Results depend on your customers, your service and Third-Party Platforms we do not control.

2.5 We may improve or change features of the Service from time to time. We will not make changes that materially reduce the core Service you have paid for during your current billing period.

3. Trial

3.1 New customers may be offered a 14-day trial. We take your payment card details when the trial starts, but we do not charge you during the trial.

3.2 Unless you cancel before the trial ends, your subscription to the plan you chose starts automatically at the end of the trial and your card is charged the first monthly fee.

3.3 We will email you a reminder at least 3 days before your trial ends, stating the plan, the monthly fee and how to cancel.

3.4 To cancel during the trial, email us at [info@agilewebdesigns.co.uk] before the trial ends. Nothing is charged, and clause 5.5 applies to your data.

3.5 Each business may have one trial only, unless we agree otherwise in writing.

4. Plans, fees and payment

4.1 Our plans and their monthly fees are shown on our website or in your Order. Plans differ by the volume of review requests included. All fees are in pounds sterling and exclude VAT, which is added where applicable.

4.2 Fees are charged monthly in advance by card, starting on the day your trial ends or, if there is no trial, the day you sign up. You authorise us to charge your card each month until you cancel.

4.3 Message delivery costs for normal use of your plan are included in the fee. If your Order includes add-ons, higher volumes or separately priced messaging, those will be agreed with you in advance.

4.4 If a payment fails, we will tell you and try again. If it is still unpaid 14 days after the due date, we may suspend the Service until it is paid.

4.5 We may change our fees by giving you at least 30 days’ notice by email. The new fee applies from your next billing date after the notice period. If you do not accept the change, you may cancel before it takes effect.

4.6 You may move to a different plan at any time. Upgrades take effect immediately and downgrades from your next billing date.

5. Cancellation and termination

5.1 There is no minimum term or long-term contract. You may cancel at any time by emailing us at [info@agilewebdesigns.co.uk].

5.2 Cancellation takes effect at the end of your current billing period. The Service continues until then, and no further fees are charged. We do not refund fees for part months.

5.3 We may suspend or end the Service immediately by written notice if you:

  1. seriously or repeatedly breach these Terms, including clauses 6 and 7;
  2. use the Service in a way that we reasonably believe breaches the law, a Third-Party Platform’s rules, or puts us or our other customers at risk; or
  3. become insolvent or stop trading.

5.4 We may also end the Service for any reason by giving you at least 30 days’ notice. If we do, we will refund any fees you have paid for the period after it ends.

5.5 When the Service ends, we will return or delete Customer Data as set out in paragraph 9 of the Schedule. Any review requests already sent, and reviews already posted, are not affected.

5.6 Clauses 9, 10, 12 and 14, and any others that by their nature should continue, survive the end of these Terms.

6. Your responsibilities

6.1 You are the controller of your Customer Data and are responsible for the decision to contact your customers. In particular, you must:

  1. have a lawful basis under Data Protection Law to share Customer Data with us and to contact each person;
  2. only provide details of your own genuine customers, collected by your business in the course of providing goods or services, and never purchased, rented or scraped lists;
  3. give your customers clear privacy information explaining that you use service providers, including ones outside the UK, to send messages on your behalf;
  4. where you ask us to send marketing, such as offers, promotions, availability or event updates, hold valid consent or meet all the conditions of the soft opt-in under PECR, and make sure every marketing message identifies your business and offers a simple way to opt out;
  5. tell us promptly if anyone asks you to stop contacting them, so we can mark them as do-not-contact; and
  6. not upload special category data, such as health information, unless we have agreed in writing how it will be handled.

6.2 You are responsible for approving the content of messages sent in your name. We will provide templates and advice, but you must tell us if anything is inaccurate or unsuitable for your business.

6.3 You must keep your login details secure, make sure only authorised staff use your account, and tell us straight away if you suspect unauthorised access.

6.4 You will indemnify us against any fines, claims or losses we suffer because you breached clause 6.1 or clause 7, or because the Customer Data you provided was collected unlawfully.

7. Review and messaging rules

7.1 Reviews must reflect genuine customer experiences. You must not use the Service to:

  1. offer or give any discount, gift, entry into a prize draw or other reward in exchange for a review, or in the same message as a review request;
  2. ask only happy customers to review you, or steer customers who had a poor experience away from Google (known as review gating);
  3. write, buy, or arrange fake reviews, or reviews from staff, family or anyone who has not used your business;
  4. pressure customers, or ask them to change or remove a review; or
  5. send messages that are misleading, offensive, unlawful, or that a recipient could reasonably regard as spam.

7.2 These rules reflect Google’s review policies and UK consumer law, including the Digital Markets, Competition and Consumers Act 2024, which prohibits fake and incentivised reviews. Breaching them can lead to reviews being removed, restrictions on your Google Business Profile, and enforcement action against your business.

7.3 Review requests and any marketing messages must be sent as separate messages, on separate occasions.

7.4 We may pause or refuse to send any message that we reasonably believe breaches this clause, and we will tell you why.

8. Third-party platforms, including WhatsApp

8.1 The Service relies on Third-Party Platforms. Their availability, features and rules are outside our control and may change at any time. We are not responsible for any Third-Party Platform’s decisions, including removing reviews, filtering messages, or suspending or restricting your accounts.

8.2 Where you choose to send messages by WhatsApp, the Service connects to your own WhatsApp account as a linked device. This is not Meta’s official WhatsApp Business Platform. You understand and accept that:

  1. Meta may restrict, suspend or permanently ban a WhatsApp account or number used in this way, particularly if messages are sent in high volume or recipients report them;
  2. we will advise you on safe sending practices and pace messages to reduce that risk, but we cannot remove it or guarantee continued access to your WhatsApp account; and
  3. we are not liable for the loss of, or restrictions on, your WhatsApp account or number.

8.3 If you would rather not accept this risk, ask us about other channels, such as SMS or email, or an official WhatsApp Business Platform setup, which may cost extra.

8.4 You remain bound by the terms of each Third-Party Platform you use, including Google’s and WhatsApp’s own terms of service.

9. Data protection

9.1 When we process Customer Data on your behalf, you are the controller and we are your processor. The Data Processing Terms in the Schedule apply and meet the requirements of Article 28 of the UK GDPR and, where it applies, the EU GDPR.

9.2 We use trusted suppliers (sub-processors) to provide the Service, including platform hosting, CRM, and SMS, email and WhatsApp delivery. A current list of our sub-processors is available on request by emailing [info@agilewebdesigns.co.uk].

9.3 When we process personal data about you and your staff, such as account contacts, billing details and call notes, we do so as a controller in line with our Privacy Policy at [agilereviews.app/privacy-policy].

9.4 If you need a signed copy of the Data Processing Terms for your records, ask us and we will provide one.

10. Intellectual property and content

10.1 We own, or are licensed to use, all rights in the Service, our platform, templates, workflows and materials. You get a non-exclusive, non-transferable right to use the Service for your own business while your subscription is active.

10.2 You own your Customer Data, your logo, photos and other brand materials, and the reviews your customers leave. You give us permission to use them only as needed to provide the Service.

10.3 With your prior permission, we may name your business as a client and use your results in case studies or marketing. You can withdraw that permission at any time by emailing us.

10.4 You must not copy, resell, reverse engineer or let anyone outside your business use the Service.

11. Availability and support

11.1 We aim to keep the Service available at all times, but we do not guarantee uninterrupted or error-free operation. Planned maintenance, Third-Party Platform outages and events outside our control may cause interruptions.

11.2 Support is available by email and phone during working hours, 9am to 5pm UK time. We aim to reply within 1 working day.

11.3 If something goes wrong with the Service, tell us and we will work to fix it promptly. If a fault caused by us means the Service is unusable for more than 5 consecutive working days, you may cancel immediately and we will refund the fee for the unused part of that billing period.

12. Liability

12.1 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law.

12.2 We are not liable for:

  1. loss of profits, revenue, business, goodwill or anticipated savings;
  2. any indirect or consequential loss;
  3. reviews that are not left, are negative, or are removed or filtered by Google or another platform;
  4. changes in your search ranking or visibility; or
  5. the suspension, restriction or loss of any Third-Party Platform account, including a WhatsApp account or number.

12.3 Subject to clause 12.1, our total liability to you under or in connection with these Terms, whether in contract, negligence or otherwise, is limited to the total fees you paid us in the 12 months before the event giving rise to the claim.

12.4 Except as set out in these Terms, all warranties and conditions implied by law are excluded to the extent the law allows.

13. Changes to the Service and these Terms

13.1 We may update these Terms from time to time. We will give you at least 30 days’ notice by email of any change that materially affects you. Minor changes, such as clarifications or legal updates that do not reduce your rights, may take effect when published.

13.2 If you do not accept a material change, you may cancel before it takes effect. If you keep using the Service after that date, you accept the updated Terms.

13.3 The current version of these Terms is always available at [agilereviews.app/tcs].

14. General

14.1 Events outside our control. We are not liable for delays or failures caused by events beyond our reasonable control, including outages or policy changes at Third-Party Platforms.

14.2 Subcontracting and transfer. We may use subcontractors and suppliers to provide the Service, and we remain responsible for them. You may not transfer your rights under these Terms without our written consent.

14.3 Notices. We will send notices to the email address on your account. You can send notices to us at [info@agilewebdesigns.co.uk].

14.4 Entire agreement. These Terms, the Schedule and your Order are the whole agreement between us about the Service. If they conflict, your Order takes priority, then the Schedule, then these Terms.

14.5 Severability and waiver. If any part of these Terms is found unenforceable, the rest still applies. If we delay enforcing a right, we have not waived it.

14.6 Third parties. No one other than you and us has any right to enforce these Terms.

14.7 Governing law. These Terms and any dispute arising from them are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

15. Contact

Agile Reviews is a product of [Agile Web Designs legal entity name].

  • Email: [info@agilewebdesigns.co.uk]
  • Phone: [phone number]
  • Address: [registered office address]

Schedule: Data Processing Terms

These Data Processing Terms apply whenever we process Customer Data on your behalf. Terms such as controller, processor, personal data, personal data breach and data subject have the meanings given in the UK GDPR.

1. Scope and roles

1.1 You are the controller and we are the processor of Customer Data.

1.2 We process Customer Data only on your documented instructions, which are these Terms, your Order, your use and configuration of the Service, and any further written instructions you give us, including by email. If UK law requires us to process it otherwise, we will tell you first unless the law prohibits it.

1.3 We will tell you promptly if we believe an instruction breaches Data Protection Law, and we need not follow it until we have agreed a lawful alternative.

2. Details of processing

Item

Details

Subject matter

Providing the Agile Reviews Service to you

Duration

For as long as you use the Service, plus the return and deletion period in paragraph 9

Nature of processing

Importing, storing, organising and deleting customer records; sending and receiving messages by SMS, email and WhatsApp; generating personalised images and review links; tracking delivery, replies and opt-outs; drafting review replies; reporting

Purpose

Requesting reviews from your customers and, where you instruct us and have a lawful basis, sending other messages on your behalf

Data subjects

Your past, current and prospective customers, patients, guests or clients

Types of personal data

Name, mobile number, email address, service or visit dates, transaction references, message content and history, delivery, reply and opt-out status, and tags or notes you add

Special category data

None, unless agreed in writing under clause 6.1(6)

3. Our obligations

We will:

  1. make sure everyone who processes Customer Data is bound by confidentiality;
  2. not sell Customer Data or use it for our own purposes or for any other client;
  3. when you send us customer files by email, WhatsApp or similar, import them promptly and then delete the original file from email, downloads and any other temporary storage; and
  4. keep a record of our processing on your behalf, as required by Article 30(2) of the UK GDPR.

4. Sub-processors

4.1 You give us general authorisation to use sub-processors to provide the Service. A current list is available on request by emailing [info@agilewebdesigns.co.uk].

4.2 We will give you at least 14 days’ notice by email before adding or replacing a sub-processor. You may object on reasonable data protection grounds during that period. If we cannot resolve your objection, you may cancel the affected part of the Service immediately, without charge for the period after cancellation.

4.3 We will have a written contract with each sub-processor that protects Customer Data to a standard appropriate to the service it provides, and we remain responsible to you for its performance.

5. International transfers

5.1 Some sub-processors process Customer Data outside the UK, including in the United States.

5.2 We will only transfer Customer Data outside the UK where an appropriate safeguard is in place under Chapter V of the UK GDPR, such as UK adequacy regulations, the UK Extension to the EU-US Data Privacy Framework, the International Data Transfer Agreement, or the EU Standard Contractual Clauses with the UK Addendum.

6. Security

We will take appropriate technical and organisational measures to protect Customer Data, as required by Article 32 of the UK GDPR, including:

  • named user accounts with two-factor authentication on our platform, email and supplier accounts;
  • access limited to those who need it, and removed promptly when no longer needed;
  • encryption in transit and at rest, as provided by our sub-processors;
  • password-protected, encrypted and up-to-date devices;
  • do-not-contact flags that exclude opted-out contacts from all future messages; and
  • paced sending to reduce spam reports and account restrictions.

7. Personal data breaches

7.1 We will tell you without undue delay, and in any event within 48 hours, after becoming aware of a personal data breach affecting Customer Data, including one at a sub-processor.

7.2 We will give you the information we have at the time and more as it becomes available, help you contain the breach, and help you meet your duty to notify the ICO (or other supervisory authority) and affected individuals. We will not notify them ourselves without your approval unless the law requires it.

8. Data subject rights and assistance

8.1 If someone contacts us directly to exercise their data protection rights about Customer Data, we will pass the request to you promptly and will not respond except on your instructions.

8.2 We will give you reasonable help to respond to such requests, and with your obligations on security, breach notification, data protection impact assessments and consultation with the ICO.

8.3 When a contact opts out, for example by replying STOP, or you tell us they have, we will mark them as do-not-contact within 2 working days, or automatically where the Service allows.

9. Return and deletion

9.1 When the Service ends, we will, at your choice, return Customer Data to you in a common format such as CSV and then delete it, or delete it without returning it.

9.2 If you have not told us your choice within 30 days of the Service ending, we will delete Customer Data within 60 days of the Service ending, and ask our sub-processors to do the same.

9.3 We may keep Customer Data where the law requires it, or in routine backups until they are overwritten. It stays protected under these terms until deleted.

10. Audit

10.1 We will give you the information reasonably needed to show we comply with these Data Processing Terms.

10.2 We will allow audits by you or an auditor you appoint who is bound by confidentiality, on at least 30 days’ written notice, no more than once a year unless there has been a personal data breach. You bear your own costs. Where a sub-processor provides its own audit reports or certifications, we may share those instead.

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