Terms of Service

Effective Date: November 1, 2024

Welcome to Grades.com (“we,” “us,” or “our”). By accessing or using our review management software ("Service"), you agree to these Terms of Service ("Terms"). Please read them carefully. If you do not agree with any part of these Terms, do not use the Service.

1. Acceptance of Terms

By accessing or using the Service, you confirm that you are at least 18 years old and have the legal capacity to enter into this agreement. Your use of the Service signifies your acceptance of these Terms, our Privacy Policy, and any other terms and conditions referenced within this document.

2. Changes to the Terms

We may update these Terms from time to time. We will notify you of any significant changes by posting the new Terms on our website and updating the "Effective Date." Your continued use of the Service after changes are made constitutes your acceptance of the new Terms.

3. Use of the Service

a. Account Registration

To use the Service, you must create an account by providing accurate information, including your name, email address, and other required details. You are responsible for maintaining the confidentiality of your account login details and for all activities that occur under your account.

b. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose.
  • Submit false or misleading information.
  • Interfere with the proper functioning of the Service.
  • Reverse engineer, decompile, or disassemble any part of the Service.

c. Restrictions

We reserve the right to limit or restrict access to certain features or parts of the Service, with or without notice, at our sole discretion.

4. Third-Party Services

Our software may integrate with third-party platforms (e.g., Google, Facebook). Your use of these integrations is subject to each platform's terms of service. You are responsible for compliance with these terms, and we are not liable for any actions taken by third-party services.

5. User Content and Data

a. User-Generated Content

You may use the Service to gather and manage customer reviews. By submitting or posting content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, display, and reproduce that content for the purpose of providing the Service.

b. Data Privacy

Your use of the Service is subject to our Privacy Policy. By using the Service, you agree to the collection, use, and sharing of your data as described in the Privacy Policy.

c. Data Usage and Ownership

We collect, process, and store data related to customer reviews. You retain ownership of your data, but by using our Service, you grant us a license to use, display, and distribute your data as necessary for providing the Service. Third-party data remains under the terms of their respective owners.

d. Content Responsibility

You are solely responsible for the content you submit. We may review or remove content that violates these Terms. You agree to indemnify us against any claims arising from your content.

6. Fair Use Policy

We maintain a fair use policy to ensure optimal performance. Excessive usage, such as spammy review requests or automated scripts, may result in limited access or termination of your account.

7. Review Gating

We do not permit review gating, which involves selectively requesting reviews based on customer sentiment. Your use of our software must comply with third-party review platforms' policies to avoid penalties or removal of reviews.

8. Payments and Subscription

a. Subscription Fees

Access to certain features of the Service may require a subscription. By subscribing, you agree to pay all applicable fees, which will be billed on a recurring basis as specified during the subscription process.

b. Billing and Renewal

Your subscription will automatically renew unless you cancel before the renewal date. You authorize us to charge your payment method for the renewal term. You may cancel your subscription at any time, but no refunds will be issued for partial use or unused time.

9. Use of Customer Data for Marketing

By using our Service, you agree that Grades.com may use your business name, logo, and success metrics (e.g., number of reviews received) for promotional and marketing purposes.

10. Modifications to Service

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We shall not be liable for any modification, suspension, or discontinuation of the Service.

11. Intellectual Property

All content, software, and materials available on the Service, including text, graphics, logos, and code, are the property of Grades.com and are protected by intellectual property laws. You agree not to reproduce, distribute, or create derivative works from any part of the Service without our express written permission.

12. Termination

We reserve the right to suspend or terminate your access to the Service at our sole discretion, with or without notice, for any reason, including if you violate these Terms. Upon termination, your right to use the Service will immediately cease, and you must destroy any downloaded or printed materials obtained from the Service.

13. Disclaimer of Warranties

The Service is provided "as-is" and "as available," without warranties of any kind, either express or implied. We do not warrant that the Service will be error-free, uninterrupted, or secure. Your use of the Service is at your sole risk.

14. Limitation of Liability

To the fullest extent permitted by law, Grades.com and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or business interruption, arising out of or related to your use of or inability to use the Service.

15. Indemnification

You agree to indemnify, defend, and hold harmless Grades.com, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to your use of the Service or violation of these Terms.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in New Jersey for the resolution of any disputes arising from these Terms.

17. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions will continue in full force and effect.

18. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Grades.com concerning your use of the Service, superseding any prior agreements or communications.

19. Contact Us

If you have any questions about these Terms, please contact us at:

  • Email: terms@grades.com
  • Address: Grades.com DPT# 5062
    365 W. Passaic St
    Second Floor Suite 255
    Rochelle Park, NJ 07662-3015

By using our Service, you acknowledge that you have read, understood, and agree to these Terms of Service.