Terms & Conditions

These Terms & Conditions govern your use of Cinchly (the "Service"), a review request and reputation management platform operated by Cinch Communications Inc. ("Cinch Communications", "we", "us"). By creating an account or continuing to use the Service, you agree to these terms. If you are using the Service on behalf of a business, you confirm you have authority to bind that business; if you are using it as an individual, you confirm you are of legal age.

The service

Cinchly lets a business invite its customers by email or text message to rate a recent experience. Ratings of four or five stars are directed to the business's public review profile, and lower ratings are captured privately and emailed to the location manager. Optional add-ons extend the number of locations and connect QuickBooks Online so requests can be sent automatically after an invoice is paid.

Your account

• Provide accurate account and business information and keep it up to date.
• Keep your login credentials confidential. You are responsible for all activity under your account and under accounts you invite to your business.
• You are responsible for having permission to contact the customers whose email addresses and phone numbers you upload, and for complying with anti-spam and privacy laws that apply to you.

Acceptable use

You must not misuse the Service. In particular, you must not:

• use the Service for any unlawful purpose, or to send fraudulent or unsolicited spam;
• incentivise, fabricate, filter or otherwise manipulate reviews in breach of the rules of Google or any other review platform;
• infringe the intellectual property or privacy rights of any person;
• interfere with the security or integrity of the Service, including introducing malware, probing or scanning, circumventing limits, or scraping data;
• reverse engineer, resell or redistribute the Service.

Licence and intellectual property

We grant you a limited, non-exclusive, non-transferable right to use the Service within the plan you have selected. Cinch Communications Inc. retains ownership of the Service and all intellectual property in it, including the software, documentation and branding. You retain ownership of your own content — your logo, customer data and feedback — and grant us a limited licence to host and process it solely to provide the Service.

Service level

We work to keep the Service available and reliable, but we do not guarantee uninterrupted or error-free performance. To the fullest extent permitted by law we disclaim all implied warranties, including merchantability and fitness for a particular purpose.

Payment and subscription terms

Subscriptions are sold on a monthly or annual basis and renew automatically until cancelled. Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. Payment, billing, tax, cancellation and refund mechanics are governed by Paddle's Buyer Terms. See our Refund Policy for our money-back guarantee.

Suspension and termination

We may suspend or terminate access for material breach of these terms, non-payment, security or fraud risk, or repeated or serious policy violations. You may cancel at any time. When access ends you may request an export of your data within 30 days, after which we may delete it.

Liability

To the extent permitted by law, our aggregate liability arising out of or in connection with the Service is limited to the fees you paid in the twelve months before the claim. We are not liable for indirect, consequential or special damages, including loss of profits, data or goodwill. Nothing excludes liability for fraud, death or personal injury caused by negligence. You will indemnify us against claims arising from your content, your unlawful use of the Service, or your breach of these terms.

General

These terms are governed by the laws of the Province of Alberta, Canada, and the courts of that province have jurisdiction. You may not assign these terms without our consent; we may assign them in connection with a merger or acquisition. Neither party is liable for delays caused by events beyond its reasonable control. We may update these terms and will post the revised version here with a new "last updated" date.

Contact

Cinch Communications Inc. — support@cinchly.com