Terms of Use
These Terms of Use (“Terms”) are a binding legal agreement between you and, where you register on behalf of a business, that business (collectively, “you” or “Customer”) and Rhythm Collective, LLC (“Rhythm Collective,” “we,” “us,” or “our”), the operator of the Revempo platform and related websites, dashboards, and services (the “Service”). By creating an account, checking the box to accept these Terms, or accessing or using the Service, you agree to these Terms. If you do not agree, do not create an account or use the Service.
1. Acceptance and electronic agreement
When you create an account you are asked to affirmatively check a box indicating that you have read and agree to these Terms and our Privacy Policy. Checking that box and completing registration constitutes your electronic signature and creates a legally binding contract under the federal E-SIGN Act and the Tennessee Uniform Electronic Transactions Act. We record the date and time of your acceptance and the version of these Terms in effect at that time. 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.
2. Definitions
“Customer” means the business or person that holds a Revempo account. “Review Page” means a branded feedback page you configure and publish through the Service. “End User” means a customer of yours who visits a Review Page. “Customer Content” means the logos, colors, text, keywords, staff names, links, and other materials you provide. “Feedback” means star ratings, selections, private comments, and any other input an End User submits through a Review Page.
3. Eligibility and accounts
You must be at least 18 years old and able to form a binding contract to use the Service. You are responsible for the accuracy of your account information, for keeping your login credentials secure, and for all activity that occurs under your account. Notify us promptly at trevor@rhythmco.com if you suspect any unauthorized use.
United States only. The Service is currently offered solely to businesses located in the United States, and is intended for use only within the United States. By registering, you represent and warrant that your business is located in the United States. We do not direct the Service to, and do not intend it to be used by, businesses or individuals located outside the United States, and we may decline or terminate accounts that do not meet this requirement.
4. The Service
Revempo lets you create branded Review Pages accessible by link or QR code, collect Feedback and star ratings from End Users, route positive experiences toward leaving a public Google review and less-positive experiences toward a private feedback channel, generate a suggested draft review that the End User may edit and choose to post in their own name, and view analytics about scans, ratings, and staff. The Service is provided to assist your own review-collection efforts; it does not post reviews for End Users and does not act on your behalf on any third-party platform.
5. Your responsibilities and acceptable use
You are solely responsible for how you configure and use the Service and for your compliance with all laws and all applicable third-party platform policies, including the policies of Google and the Federal Trade Commission. You agree that you will not, and will not instruct or induce End Users to: (a) post fake, incentivized, or misleading reviews; (b) suppress, gate, or filter reviews in a manner that violates the policies of Google or any other platform or applicable law; (c) offer compensation in exchange for reviews; (d) submit content that is unlawful, defamatory, infringing, or deceptive; or (e) misuse the Service in any way that could cause harm to End Users or to any third party. The draft review text the Service may suggest is a starting point only; the decision to publish any review, and the content of that review, rests entirely with the End User.
6. Google Business Profile, reviews, and third-party platforms
Revempo is not affiliated with, endorsed by, or sponsored by Google LLC, and Google is not a party to these Terms. Your Google Business Profile, your Google reviews, your search and Map Pack rankings, and your presence on any other third-party platform are controlled entirely by those third parties under their own terms and policies, which they may change or enforce at any time in their sole discretion.
YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR ANY SUSPENSION, REMOVAL, DELETION, DISABLING, RANKING CHANGE, FILTERING, LOSS, OR TERMINATION OF YOUR GOOGLE BUSINESS PROFILE, YOUR REVIEWS, YOUR LISTINGS, OR ANY OTHER THIRD-PARTY ACCOUNT OR CONTENT, WHETHER OR NOT RELATED TO YOUR USE OF THE SERVICE. WE MAKE NO GUARANTEE THAT USING THE SERVICE WILL INCREASE YOUR REVIEWS, RATINGS, RANKINGS, TRAFFIC, OR REVENUE, OR THAT ANY REVIEW WILL BE ACCEPTED, DISPLAYED, OR RETAINED BY ANY PLATFORM. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THIRD-PARTY PLATFORMS, AND WE WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH SUSPENSION, LOSS, OR CHANGE.
7. Customer Content and Feedback
As between you and us, you own your Customer Content and, as against us, the Feedback collected through your Review Pages. You grant us a non-exclusive, worldwide license to host, process, reproduce, and display Customer Content and Feedback solely to operate and improve the Service and as otherwise described in our Privacy Policy. You represent that you have all rights necessary to provide the Customer Content and to collect and process the Feedback, and that they do not infringe or violate the rights of any third party. You are the controller of Feedback that includes personal information; we process it on your behalf.
Our role as your processor (data processing terms). To the extent we process personal information contained in Feedback on your behalf, we act as your “processor” or “service provider” and you act as the “controller” or “business,” as those terms are used under applicable US state privacy laws. We will: (a) process that personal information only to provide the Service and follow your reasonable documented instructions, and not sell it or share it for cross-context behavioral advertising, nor retain, use, or disclose it for any purpose other than performing the Service; (b) apply reasonable administrative and technical safeguards designed to protect it; (c) engage subprocessors (such as Supabase, Stripe, and Vercel) under terms consistent with these obligations; (d) provide reasonable assistance, taking into account the nature of the processing, to help you respond to verifiable consumer rights requests and to meet your own compliance obligations; and (e) on termination, delete or return the personal information we process for you, except as retention is required by law. You are responsible for having a lawful basis to collect Feedback, for providing any legally required notices to your End Users, and for honoring their rights requests as the controller of that information.
8. Fees, trials, and cancellation
Paid plans are billed on a recurring basis through our third-party payment processor, Stripe. Free trials, if offered, convert to paid subscriptions unless canceled before the trial ends. You authorize us and Stripe to charge your payment method for all applicable fees. Except where required by law, fees are non-refundable and we do not provide refunds or credits for partial periods. You may cancel at any time; cancellation stops future renewals, and access continues until the end of the current paid period. If a payment fails or a subscription lapses, we may suspend or take offline your Review Pages and dashboard access until the account is brought current. We may change our fees on reasonable notice, effective as of your next billing cycle.
9. Intellectual property
The Service, including its software, design, and the Revempo and Rhythm Collective names and logos, is owned by us and our licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service during your subscription solely for your internal business purposes. You may not copy, modify, reverse engineer, resell, or create derivative works from the Service except as expressly permitted.
10. Third-party services
The Service relies on and interoperates with third-party services, including Google, Stripe, Supabase, and Vercel. Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services, their availability, or their acts or omissions.
11. Disclaimer of warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT IT WILL PRODUCE ANY PARTICULAR RESULT, INCLUDING ANY INCREASE IN REVIEWS, RATINGS, RANKINGS, OR REVENUE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
12. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL RHYTHM COLLECTIVE, LLC, ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, REVIEWS, DATA, GOODWILL, BUSINESS, OR REPUTATION, OR FOR ANY HARM, LOSS, OR DAMAGE RESULTING FROM THE SUSPENSION, REMOVAL, RANKING CHANGE, OR TERMINATION OF ANY GOOGLE BUSINESS PROFILE, REVIEW, OR THIRD-PARTY ACCOUNT, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU ACTUALLY PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
13. Indemnification
You will defend, indemnify, and hold harmless Rhythm Collective, LLC and its members, officers, employees, and contractors from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your Customer Content, your Feedback, your use of the Service, your violation of these Terms, or your violation of any law or any third-party right or platform policy, including the policies of Google or the Federal Trade Commission.
14. Term and termination
These Terms apply for as long as you use the Service. You may stop using the Service and close your account at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, if your account is past due, or if we reasonably believe your use creates risk or legal exposure for us or others. Sections that by their nature should survive termination — including Sections 6 through 13 and 15 through 17 — will survive.
15. Changes to these Terms or the Service
We may modify these Terms from time to time. If we make material changes, we will update the “Effective” date and version above and, where appropriate, provide notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. We may also change, suspend, or discontinue any part of the Service at any time.
16. Governing law, venue, and dispute resolution
These Terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-laws rules. Subject to the arbitration provision below, you and we agree that the exclusive venue for any dispute will be the state and federal courts located in Knox County, Tennessee, and you consent to personal jurisdiction there.
Binding arbitration and class-action waiver. Except for claims that qualify for small-claims court and claims to protect intellectual property, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered under the rules of a recognized arbitration provider, seated in Knox County, Tennessee, under the Federal Arbitration Act. You and we each waive any right to a jury trial and agree that claims will be brought only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
17. Miscellaneous
These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service and supersede any prior agreements. If any provision is held unenforceable, the remaining provisions will remain in effect and the unenforceable provision will be enforced to the maximum extent permitted. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control. You consent to receive notices and communications from us electronically. Notices to us should be sent to trevor@rhythmco.com.
18. Contact
Questions about these Terms? Contact Rhythm Collective, LLC at trevor@rhythmco.com.