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Terms & Conditions

Last updated on 20 Nov 2024

Terms of Use for RateGather

Welcome to RateGather, operated by Rate Gather Piotr Komorowski, registered at Zawodzie Street 20, 80-726 Gdańsk, Poland. Our Tax ID (NIP) is 4990604821, and our REGON is 384045380 (“RateGather,” “we,” “our,” or “us”). These Terms of Use (“Terms”) govern your access to and use of our website rategather.com and all services provided (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By using our Service, you confirm that you accept these Terms and agree to comply with them. If you disagree with any part of these Terms, you must stop using the Service.

2. Changes to Terms

We may revise these Terms from time to time. Changes will take effect immediately upon being posted on our website. Your continued use of the Service after any such changes constitutes your acceptance of the revised Terms.

3. Description of Service

RateGather provides an online reputation management platform that allows users to manage client interactions, including sending review requests via SMS and email, generating QR codes and shortlinks, and tracking usage analytics.

4. User Accounts

  1. Eligibility: You must be at least 18 years old to use the Service. By creating an account, you represent and warrant that you meet this requirement.
  2. Account Information: You agree to provide accurate, current, and complete information during registration and to maintain its accuracy.
  3. Account Security: You are responsible for safeguarding your login credentials and any actions under your account. Notify us immediately of unauthorized access.
  4. Account Suspension and Termination: We may suspend or terminate your account if you violate these Terms or engage in harmful activity.

5. User Responsibilities

  1. Compliance: You will adhere to all applicable laws and regulations related to SMS and email communications, including but not limited to the Telephone Consumer Protection Act (TCPA), General Data Protection Regulation (GDPR), and other relevant local laws.
  2. Prohibited Conduct: You agree not to:
    • Send spam or unsolicited messages.
    • Violate laws or regulations.
    • Engage in fraud or deceptive practices.
    • Upload malicious code.
    • Collect personal data without explicit permission.
  3. Obtaining Consent:
    • As a user of our platform, you must obtain explicit consent from your customers before sending any SMS communications through RateGather. This includes consent for receiving any review requests or marketing materials.
    • Consent must be obtained through opt-in mechanisms, such as checkboxes during online transactions, verbal agreements during in-person transactions, or other explicit methods.
    • You are solely responsible for ensuring that all consents are collected in compliance with the law and for maintaining records of those consents.
  4. Communications Consent:
    • You must clearly inform your customers that by providing their phone number or email, they consent to receiving communications from your business, including review requests sent via SMS or email.
    • If applicable, you must provide a double opt-in process where customers are asked to confirm their subscription to SMS messages.
  5. Opt-out Instructions:
    • You are responsible for promptly processing any opt-out requests and ensuring that customers who have opted out do not receive further messages.
  6. Client Data & Consent:
    • Consent for Communications: You must obtain explicit, informed consent from clients before sending SMS or email communications through the Service, including any use of shortlinks. You are responsible for documenting and maintaining records of such consent.
    • Consent for Data Collection via Shortlinks: Inform your clients that by interacting with shortlinks (such as those in QR codes, SMS, or email), certain data, including but not limited to their IP address, location, and device information, may be collected. You are responsible for ensuring that the necessary consents have been obtained for such tracking.
    • Compliance with Communication Laws: You agree to comply with regulations like the General Data Protection Regulation (GDPR) and CAN-SPAM Act. RateGather is not liable for unauthorized use of the Service that breaches such laws.
  7. Indemnification:
    • You agree to indemnify and hold RateGather harmless from any claims, penalties, or damages resulting from your failure to obtain proper consent or comply with applicable laws regarding SMS or email communications.
    • You agree to indemnify RateGather from any claims or damages arising from your failure to secure proper client consent for communications or data collection.

6. Intellectual Property

  1. Ownership: All content and materials available on the Service are owned by RateGather and protected by intellectual property laws.
  2. License: We grant you a limited, non-exclusive, non-transferable license to use the Service for personal and commercial purposes in compliance with these Terms.

7. Privacy

  1. Privacy Policy: Your use of the Service is governed by our Privacy Policy, detailing how we collect and use your data. By using the Service, you consent to this collection.
  2. Data Collection: When users interact with shortlinks or QR codes, we may collect data such as IP address, location, and device type. This data is used for analytics and improving the Service.
  3. End User Consent: You must obtain consent from end users interacting with QR codes or shortlinks. A suggested disclaimer is: “By scanning this QR code or clicking this link, you consent to the collection of analytics data as outlined in our Privacy Policy.”

8. User-Generated Content and Responsibility

  1. Content Responsibility: You are responsible for all content linked via QR codes, shortlinks, or messages. You agree not to link to any unlawful, offensive, or third-party-infringing content.
  2. Monitoring and Removal: We may, at our discretion, remove or disable content that violates these Terms or the law.

9. Payment and Fees

  1. Subscription Fees: Certain Service features require payment of subscription fees. You agree to pay all applicable fees in advance.
  2. Refund Policy: We offer a 14-day no-questions-asked refund policy for subscription purchases. Contact us at [email protected] for a refund within 14 days.
  3. Changes in Fees: We reserve the right to change subscription fees but will notify you before any change takes effect.

10. Security and Data Protection

  1. Data Security: We employ technical and organizational measures to protect personal data. However, you are responsible for ensuring the security of data and obtaining client consent for any data handling.
  2. User Responsibility: You are responsible for securing content and data in your account, ensuring consent for all interactions involving end-user data.

11. Termination and Service Discontinuation

  1. Termination by You: You may terminate your account at any time by contacting our support team.
  2. Termination by Us: We may suspend or terminate your access to the Service at any time, without notice, for conduct that we believe violates these Terms, is harmful to other users, or is otherwise objectionable. We reserve the right, at our sole discretion, to decide whether a user’s conduct violates these Terms.
  3. Service Discontinuation: We reserve the right to discontinue, suspend, or permanently cease providing the Service, or any portion thereof, at any time, with or without notice. In such cases, we will not be liable for any harm or loss that may result from such actions. We will make reasonable efforts to provide advance notice to users if possible.
  4. Effect of Termination: Upon termination or discontinuation of the Service, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Disclaimers and Limitations of Liability

  1. Disclaimer: The Service is provided on an “as-is” and “as-available” basis. We make no warranties, express or implied, regarding the Service, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
  2. Limitation of Liability: To the fullest extent permitted by law, RateGather shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
    • Your use of the Service.
    • Any unauthorized access to or use of our servers and/or any personal information stored therein.
    • Any interruption or cessation of transmission to or from the Service.
    • Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party.
    • Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Service.
    • Any messages sent via SMS or email through the Service, or any interactions with QR codes or shortlinks generated through the Service, that do not comply with applicable communication and privacy laws, including messages sent or data collected without obtaining the proper consent from recipients.

13. Indemnification

You agree to indemnify and hold harmless RateGather, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your failure to obtain the necessary consents from your clients for the sending of SMS or email communications or the use of shortlinks through the Service.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of Poland. You agree to submit to the jurisdiction of the courts in Gdańsk, Poland, for disputes arising from these Terms.

15. Miscellaneous

  1. Entire Agreement: These Terms, together with our Privacy Policy and other legal notices, constitute the entire agreement between you and RateGather.
  2. Severability: If any part of these Terms is found to be invalid, the remaining parts will remain in effect.
  3. Waiver: Failure to enforce any part of these Terms is not a waiver of our right to do so later.

16. Contact Information

For any questions about these Terms, please contact us at [email protected].