Terms of Service
1. Agreement to These Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", "User") and Daily Review Beacon ("we", "us", "our", "Company"), a company incorporated in England and Wales, governing your access to and use of the Daily Review Beacon platform, including our website at dailyreviewbeacon.com and all related services (collectively, the "Service").
By registering for an account, clicking "Create account", or otherwise accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.
If you are accessing the Service on behalf of a business, you represent and warrant that you have authority to bind that business to these Terms, and references to "you" include that business.
2. Description of the Service
Daily Review Beacon is a software-as-a-service (SaaS) platform that enables businesses to send review requests to their customers via email and SMS, manage customer feedback, and track review activity. Features include, but are not limited to:
- Sending personalised review request messages by email and SMS;
- A negative review filter that redirects dissatisfied customers to a private feedback form;
- Click tracking and request status reporting;
- CSV contact import;
- Multi-location management.
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with reasonable notice where practicable. We will not be liable to you or any third party for any such modification, suspension, or discontinuation.
3. Account Registration and Security
To use the Service, you must create an account by providing accurate, current, and complete information. You agree to maintain and promptly update your account information to keep it accurate.
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at legal@dailyreviewbeacon.com if you suspect any unauthorised access to or use of your account.
You must not share your account credentials with third parties, create accounts by automated means, or create accounts under false pretences.
4. Subscriptions and Billing
The Service is offered on a subscription basis. By selecting a paid plan, you agree to pay the applicable subscription fees for the plan you have chosen. Fees are charged monthly in advance.
Your subscription currency is selected at the point of first payment and cannot be changed thereafter. Available currencies are GBP, USD, AUD, CAD, and NZD.
Subscription fees are subject to change. We will provide at least 30 days' notice of any price changes by email to the address associated with your account. Continued use of the Service after the effective date of a price change constitutes your acceptance of the new pricing.
All fees are exclusive of any applicable taxes. Where required by law, VAT or other applicable taxes will be added to your invoice.
We use Stripe as our payment processor. By providing your payment details, you authorise us to charge the applicable fees to your payment method on a recurring basis. Your payment information is handled directly by Stripe and is not stored on our servers.
5. No Refund Policy
All subscription fees are non-refundable. We do not offer refunds or credits for any partial subscription periods, unused features, or unused request allowances, except where required by applicable law.
Where you are a consumer (an individual acting outside of a trade, business, or profession), you may have a statutory right to cancel within 14 days of entering into a subscription contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. However, by initiating your subscription and requesting that the Service commence immediately, you expressly acknowledge that you waive this cancellation right and agree that the 14-day withdrawal period does not apply once the Service has commenced.
If you subscribed to the Starter plan, you received a 30-day free trial before any charge was made. This trial period is intended to provide sufficient opportunity to evaluate the Service prior to any financial commitment.
Nothing in this section affects your statutory rights where we have provided the Service in a way that is not of satisfactory quality, fit for purpose, or as described.
6. Free Trial
We may offer a free trial period for new accounts on the Starter plan. At the end of the trial period, the Service will continue only if you subscribe to a paid plan. We reserve the right to modify, extend, or terminate free trial offerings at any time without notice.
Free trial usage counts are consumed during the trial period. Unused allowances from the trial period do not carry over to a paid subscription.
7. Cancellation
You may cancel your subscription at any time from your billing settings within the Service. Cancellation takes effect at the end of your current billing period. You will continue to have access to the Service until that date. No refund is issued for the remainder of the billing period.
8. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:
- Use the Service to send unsolicited messages, spam, or messages to individuals who have not had a genuine commercial interaction with your business;
- Incentivise, pay for, or otherwise manipulate reviews in violation of Google's review policies or any applicable platform's terms of service;
- Transmit false, misleading, or fraudulent information via the Service;
- Upload contact data that you do not have the legal right to process;
- Use the Service to harass, threaten, or harm any individual;
- Attempt to gain unauthorised access to any part of the Service or its related systems;
- Use automated means to access or interact with the Service without our prior written consent;
- Reverse engineer, decompile, or disassemble any part of the Service;
- Resell, sublicense, or otherwise commercialise the Service without our express written authorisation.
We reserve the right to suspend or terminate your account immediately and without notice if we reasonably believe you have violated these acceptable use requirements.
9. Your Responsibilities Regarding Contact Data
When you upload or input contact data (including customer names, email addresses, and telephone numbers), you represent and warrant that:
- You have a lawful basis under applicable data protection law to process and send marketing or review request communications to those individuals;
- You have complied with all applicable direct marketing regulations, including (where applicable) the UK Privacy and Electronic Communications Regulations 2003 (PECR);
- You will maintain appropriate records of consent where required.
You act as the data controller for your customers' personal data. We act as a data processor on your behalf. Our Privacy Policy sets out further detail on how we handle personal data.
10. Intellectual Property
The Service, including its content, features, software, and design, is owned by Daily Review Beacon and is protected by copyright, trade mark, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the Service or our intellectual property, other than the limited licence to use the Service during an active subscription.
You retain ownership of any data or content you upload to the Service. By uploading data, you grant us a non-exclusive, worldwide licence to process that data solely for the purpose of providing the Service to you.
11. Third-Party Services
The Service integrates with third-party providers including Stripe (payment processing), Telnyx (SMS delivery), and Google (review platform). Your use of the Service is subject to those providers' terms and policies. We are not responsible for the acts or omissions of any third-party provider.
Review links generated by the Service direct your customers to Google's review platform. We have no control over, and accept no responsibility for, Google's systems, the display or removal of reviews, or any changes Google makes to its review policies or interfaces.
12. Disclaimers
The Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permitted by applicable law.
We do not warrant that the Service will be uninterrupted, error-free, or free from viruses or other harmful components. We do not guarantee any particular result from using the Service, including any specific increase in reviews or improvement in ratings.
SMS delivery is subject to carrier routing, device availability, and network conditions. We do not guarantee delivery of any SMS message.
13. Limitation of Liability
To the maximum extent permitted by applicable law, Daily Review Beacon shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunities, arising out of or in connection with your use of or inability to use the Service, even if we have been advised of the possibility of such damages.
Our total aggregate liability to you for all claims arising under or in connection with these Terms or the Service shall not exceed the total fees paid by you to us in the 12 months immediately preceding the event giving rise to the claim.
Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
14. Indemnification
You agree to indemnify, defend, and hold harmless Daily Review Beacon and its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your use of the Service, your violation of these Terms, or your violation of any applicable law or third-party rights.
15. Termination
We may suspend or terminate your access to the Service immediately and without notice if you breach these Terms, fail to pay any subscription fees when due, or if we are required to do so by law.
Upon termination, your right to use the Service will cease immediately. We may delete your account and any associated data in accordance with our data retention practices as set out in our Privacy Policy. Provisions of these Terms that by their nature should survive termination shall continue to apply.
16. Changes to These Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by email at least 14 days before the changes take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must cancel your subscription and cease using the Service.
17. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Nothing in this clause prevents either party from seeking emergency injunctive or interim relief from a court of competent jurisdiction.
18. General
Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Daily Review Beacon in relation to the Service and supersede all prior agreements and understandings.
Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
19. Contact
For any questions about these Terms, please contact us at legal@dailyreviewbeacon.com.