Effective Date: August 24th, 2025
These Terms of Service (the “Terms”) are a binding agreement between [Bent Creative legal entity name] (“Bent Creative,” “we,” “us,” “our”) and the person or entity that creates or is given access to a Review Mint account (“Customer,” “you,” “your”). These Terms govern your access to and use of Review Mint, our review-gathering and reputation management platform, including our websites, mobile apps, browser extensions, APIs, documentation, and related services (collectively, the “Services”).
By clicking “I Agree,” creating an account, or using the Services, you agree to these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.
1. Definitions
- Account: Your primary Review Mint account and any subaccounts associated with it.
- Authorized Users: Individuals you permit to access your Account (e.g., employees, contractors, clients).
- Customer Content: Content you or your Authorized Users submit, upload, or transmit to the Services (e.g., customer lists, messages, templates, logos, review replies drafted by you, etc.).
- Third‑Party Platforms: External services that may integrate with or be displayed in the Services, including without limitation Google (e.g., Google Business Profile), Yelp, Meta (Facebook/Instagram), OpenTable, TripAdvisor, and others.
- Public Data: Information publicly available on the open web (e.g., publicly visible business profiles or public reviews) that may be displayed within the Services.
2. Eligibility; Accounts; Authorized Users
2.1 Eligibility. You must be at least 18 years old and able to form a binding contract to use the Services.
2.2 Registration. You must provide accurate Account information and keep it current. You are responsible for all activities under your Account, including by your Authorized Users.
2.3 Access Controls. You will maintain the confidentiality of your login credentials. Notify us immediately of any unauthorized use of your Account.
2.4 Agencies & Subaccounts. If you are an agency or reseller, you may create subaccounts for your clients as permitted by your plan. You are responsible for your clients’ compliance with these Terms.
3. Services; Third‑Party Platforms; Data Sources
3.1 Service Description. Review Mint provides tools to request, collect, monitor, analyze, and respond to online reviews and related feedback across multiple sources. Certain features may be labeled as beta, preview, or experimental; see Section 17.
3.2 Third‑Party Platforms. The Services may allow you to connect to or display data from Third‑Party Platforms via integrations (including OAuth) or public web pages. Your use of Third‑Party Platforms is governed solely by their terms and privacy policies. We do not control and are not responsible for Third‑Party Platforms. We may suspend or modify integrations if required by the third party, by law, or for security/operational reasons.
3.3 Public Data Display. Where permitted, the Services may index, cache, or display Public Data for your convenience. We do not guarantee the availability, accuracy, completeness, or timeliness of Public Data. Public Data may be removed or changed at any time by its source. If a source requests removal or limits access, we may remove or limit display within the Services.
3.4 Platform Rules (No Review Gating). Many Third‑Party Platforms prohibit practices such as review gating (selectively soliciting positive reviews or discouraging negative reviews). You agree not to use the Services in any way that violates platform policies, including but not limited to misleading, incentivized, or fraudulent reviews.
3.5 Responsibility for Review Responses. You are solely responsible for the content of any messages or review responses you send or publish via the Services. If the Services provide drafts or suggestions, you must review and approve them before posting.
4. Messaging & Compliance (Email/SMS/Phone)
4.1 Consent & Compliance. If you use the Services to send emails, SMS/MMS, or place calls, you represent that you have obtained all necessary consents and authorizations from recipients and that your communications comply with applicable laws and industry rules (e.g., anti‑spam/marketing, consumer protection, telephone/sms rules, opt‑in/opt‑out, sender identification), as well as carrier/CTIA guidelines and any applicable 10DLC registration requirements.
4.2 Opt‑Outs. You must honor and promptly process all unsubscribe/opt‑out requests. For SMS, you must support standard opt‑out keywords (e.g., “STOP”).
4.3 Prohibited Content. You will not use the Services to transmit unlawful, deceptive, defamatory, harassing, hateful, or otherwise objectionable content; to send phishing or malware; or to collect sensitive personal data without appropriate safeguards and legal basis.
4.4 Numbers and Throughput. We may assign or provision messaging or phone resources for your use. We may throttle, filter, or suspend messaging in our discretion to protect network integrity and comply with law or carrier rules.
5. Customer Content; Data Use; Privacy
5.1 Ownership. As between you and us, you retain all rights to Customer Content. You grant us a worldwide, non‑exclusive, royalty‑free license to host, copy, process, transmit, display, and otherwise use Customer Content as necessary to provide and maintain the Services and to prevent or address service, security, or technical issues.
5.2 Usage Data & Anonymization. We may collect and use de‑identified or aggregated information derived from the Services (e.g., usage metrics, delivery statistics) for analytics, benchmarking, product improvement, and marketing, provided that such data does not identify you or your end users.
5.3 Privacy Policy & DPA. Our collection, use, and disclosure of personal information is described in our Privacy Policy. If required by applicable data‑protection laws, we will make a Data Processing Addendum (DPA) available for execution. You represent that you have provided all notices and obtained all consents necessary for us to process personal information under these Terms.
5.4 Sensitive Data. The Services are not designed for sensitive information (e.g., health/medical, financial account numbers, government IDs, children’s data under 13). You will not upload such data unless we agree in writing and you have implemented all legally required safeguards.
5.5 Security. We implement commercially reasonable administrative, technical, and physical security measures for the Services. You are responsible for securing your systems and devices and configuring role‑based access and least‑privilege for Authorized Users.
5.6 Data Retention & Deletion. We retain Customer Content for the duration of your subscription and a reasonable period thereafter to comply with legal obligations, resolve disputes, and enforce our agreements. Upon Account closure, we will delete or anonymize Customer Content within a reasonable time, subject to legal retention requirements and Section 12.
6. Acceptable Use
You agree not to (and not to permit any third party to):
- Access the Services except through documented interfaces; scrape or crawl the Services except as permitted by us.
- Bypass rate limits or security controls; probe, scan, or test for vulnerabilities.
- Copy, modify, or create derivative works of the Services; reverse engineer or decompile any part of the Services except to the extent such restrictions are prohibited by law.
- Upload or transmit malware or harmful code.
- Misrepresent your identity or affiliation; post fake, incentivized, or compensated reviews.
- Use the Services in violation of any law or rights of others, including intellectual property, privacy, or publicity rights.
7. Intellectual Property; Feedback
7.1 Our IP. We and our licensors own all rights, title, and interest in and to the Services and associated software, logos, and content, excluding Customer Content and Public Data. No rights are granted except as expressly stated in these Terms.
7.2 Feedback. If you provide feedback or suggestions regarding the Services, you grant us a perpetual, irrevocable, worldwide, royalty‑free license to use and exploit that feedback without restriction or compensation.
7.3 Branding & Publicity. We may identify you as a customer (e.g., using your name and logo) in our marketing materials and website, unless you opt out by emailing us at [contact email].
8. Plans, Fees, Trials, and Taxes
8.1 Subscriptions. Access to the Services is sold by subscription. Plan features and limits are described at the time of order. We may change plan features or pricing prospectively; any change will apply upon your next renewal unless otherwise agreed.
8.2 Billing. Fees are billed in advance on a recurring basis (monthly or annually) unless otherwise stated. You authorize us (and our payment processor) to charge your payment method for all applicable fees and taxes.
8.3 Trials & Promotions. We may offer free trials or promotional offers. We may end or modify such offers at any time.
8.4 Refunds. Except where prohibited by law or expressly stated otherwise, all fees are non‑refundable and non‑cancellable during the subscription term.
8.5 Taxes. Fees are exclusive of taxes. You are responsible for all taxes, duties, and similar assessments on your purchases, excluding our income taxes.
9. Term; Termination; Suspension
9.1 Term. These Terms begin when you first use the Services and continue until terminated as permitted here.
9.2 Termination by You. You may terminate your subscription at the end of the then‑current term via your Account settings or by written notice to us, subject to Section 8.4.
9.3 Termination or Suspension by Us. We may suspend or terminate your access immediately if: (a) you materially breach these Terms (including non‑payment); (b) your use risks harm to the Services, other customers, or third parties; (c) we are required by law or a platform partner; or (d) for repeated or egregious policy violations.
9.4 Effect of Termination. Upon termination, your right to access the Services ceases. Sections that by their nature should survive (including payment obligations, IP ownership, confidentiality, disclaimers, limitations of liability, and dispute resolution) will survive.
10. Confidentiality
Each party may access the other party’s non‑public information (“Confidential Information”). The receiving party will use Confidential Information only to perform its obligations or exercise rights under these Terms, and will protect it with at least the same degree of care it uses for its own similar information (but no less than reasonable care). This Section does not apply to information that is or becomes public through no fault of the receiving party, was already known, was independently developed, or was rightfully received from a third party without confidentiality obligations. The receiving party may disclose Confidential Information when required by law, after giving reasonable notice (unless legally prohibited).
11. DMCA & IP Complaints
We respect intellectual property rights. If you believe content within the Services infringes your rights, please send a notice that complies with the Digital Millennium Copyright Act (DMCA) to: [DMCA Agent Name], [Address], or [Email], including the required information. We may remove content or disable access in our discretion.
12. Data Availability; Backups; Export
We strive for high availability, but the Services may be unavailable from time to time for maintenance, platform changes, outages, or events beyond our control. We recommend that you export or back up your Customer Content regularly. We provide reasonable export capabilities during your subscription; some data (e.g., Public Data) may not be exportable due to third‑party terms.
13. Disclaimers
THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR‑FREE, SECURE, OR UNINTERRUPTED, OR THAT PUBLIC DATA OR THIRD‑PARTY PLATFORM INFORMATION DISPLAYED IN THE SERVICES IS ACCURATE OR CURRENT.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS; LOSS OF GOODWILL; DATA LOSS; OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
Some jurisdictions do not allow certain limitations; in those cases, the above limitations shall apply to the fullest extent permitted by law.
15. Indemnification
You will defend, indemnify, and hold harmless Bent Creative and our affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your Customer Content; (b) your use of the Services (including messaging); (c) your violation of these Terms or applicable law; or (d) your interactions with Third‑Party Platforms.
16. Regional Terms; Legal Compliance
16.1 Data Protection. You will comply with applicable data‑protection and privacy laws (e.g., notice/consent, data subject rights, cross‑border transfers). Where required, you and we will execute a DPA. You acknowledge that platform data may be stored and processed in the United States or other countries where we or our subprocessors operate.
16.2 Children. You will not use the Services to collect personal information from children under the age of 13 (or the age required by local law) without verifiable parental consent and our prior written approval.
16.3 Export. You represent that you are not located in, under control of, or a national or resident of any country or entity subject to U.S. embargoes or sanctions and that you will comply with all export and re‑export restrictions and regulations.
17. Beta, AI‑Assisted, and Preview Features
From time to time, we may offer features identified as beta, preview, early‑access, or experimental, including AI‑assisted drafting or insights. Such features are provided for evaluation “as is,” may be subject to additional usage limits, and may be modified or discontinued at any time. You are solely responsible for reviewing and approving any AI‑assisted outputs prior to use or publication.
18. Modifications to the Services or Terms
We may modify the Services or these Terms from time to time. If we make material changes to these Terms, we will provide notice (e.g., by email or in‑app). The revised Terms will be effective on the stated effective date. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.
19. Governing Law; Dispute Resolution
19.1 Governing Law. These Terms are governed by the laws of the State of Arizona, without regard to conflict‑of‑laws principles.
19.2 Informal Resolution. Before filing a claim, the parties will attempt to resolve any dispute through good‑faith negotiations for at least 30 days.
19.3 Arbitration; Class‑Action Waiver. Except for claims seeking injunctive relief or relating to intellectual property, any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by a recognized arbitration provider in Maricopa County, Arizona. YOU AND WE AGREE TO ARBITRATE ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS‑WIDE ARBITRATION.
19.4 Injunctive Relief. Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its confidential information or intellectual property.
20. General
20.1 Entire Agreement. These Terms, together with any order forms, the Privacy Policy, and (if applicable) a DPA, constitute the entire agreement between the parties and supersede all prior agreements regarding the Services.
20.2 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.
20.3 Severability. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
20.4 No Waiver. A party’s failure to enforce any right or provision is not a waiver of that right or provision.
20.5 Notices. We may provide notices via the Services, email, or your Account contact information. Legal notices to us must be sent to: [Legal Address] and [legal@yourdomain.com].
20.6 Independent Contractors. The parties are independent contractors. These Terms do not create a partnership, joint venture, or agency relationship.
21. Contact
Questions about these Terms or the Services? Contact us at support@bencreative.co or by mail at Bent Creative: 336 N Stapley Dr Mesa, AZ 85203
Legal Notice (Non‑Advice)
This Terms of Service template is provided for informational purposes only and does not constitute legal advice. Laws and platform rules change, and your specific use case may require additional terms. You should consult with qualified counsel to tailor and finalize these Terms for your business.
