These Terms and Conditions ("Terms") govern your access to and use of the website, services, and related offerings of Velocity Reviews ("we," "us," "our"), operated by Brody Spilak.
By signing up for or using our services, you agree to be bound by these Terms. If you don't agree, please don't use the services. If you're agreeing on behalf of a business, you confirm you have the authority to bind that business to these Terms.
"Client," "you" — the business that has engaged us to use the Services.
"End Customer" — an individual customer of the Client whose contact information is provided to us for the purpose of sending review-related communications on the Client's behalf.
"Services" — the review generation, monitoring, and reputation management services we provide, as described on our website and in your specific engagement with us.
2. Description of Services
We help Clients generate and manage genuine customer reviews. This includes reaching out to a Client's customers to request reviews on the Client's behalf, monitoring incoming reviews, and assisting with responses. The specific scope, channels, and features included in your engagement are as described at signup or in any separate agreement between us — we may update how the Services are delivered over time, provided the core commitments in these Terms continue to apply.
3. Eligibility and Authority to Act
You represent that you are at least 18 years old, that you have the authority to enter into these Terms on behalf of the business you represent, and that all information you provide us is accurate and current.
4. Account and Access
Where the Services require you to grant us access to your accounts or systems (for example, your Google Business Profile), you are responsible for granting that access appropriately and keeping it valid. We are not responsible for service interruptions caused by access you haven't granted, revoked, or allowed to expire.
5. Fees, Trial, and Payment
New Clients begin with a free trial period, the length of which will be confirmed at signup. A small verification charge may be applied to your payment method at signup to confirm it's valid — this is not a charge toward your subscription.
If you don't cancel before the trial period ends, your paid subscription begins automatically at the rate confirmed at signup, billed on a recurring monthly basis until cancelled. You authorize us to charge your payment method accordingly. We may change our pricing from time to time; we'll give you reasonable notice before any change affects your account. Applicable taxes will be added where required by law.
6. Cancellation and Refunds
You may cancel at any time by contacting us directly. Cancellation takes effect at the end of your current billing period — we don't provide partial-period refunds for a cancellation made mid-cycle, unless we agree otherwise or applicable law requires it.
7. Client Responsibilities and Consent Warranty
This section matters, so we'll be direct about it.
You are solely responsible for ensuring you have the legal right to provide us with any End Customer contact information, and that contacting those individuals through the channel we'll use (SMS, email, or otherwise) is lawful — including compliance with Canada's Anti-Spam Legislation (CASL), and, where applicable, equivalent laws in other jurisdictions you operate in.
You agree that:
Any contact information you provide us was collected lawfully, and you have whatever consent is legally required for us to contact those individuals on your behalf
You will promptly tell us if an End Customer withdraws consent or asks to stop being contacted
You will not direct us to contact anyone on a do-not-contact list, or anyone who has opted out
You are responsible for the accuracy of any information you provide us
If you're not sure whether your existing customer data meets these requirements, ask us before providing it — this is a conversation we're happy to have, and it's better to have it upfront.
8. Our Commitments Regarding Reviews
In exchange for taking consent seriously, we hold ourselves to firm rules about how we run review requests, and we don't compromise on them, including at a Client's request:
We do not filter or screen which customers receive a review request based on predicted sentiment. Every eligible customer gets the same request, the same way.
We do not generate, write, buy, or incentivize reviews. Every review that results from our work is the End Customer's own genuine feedback.
We do not misrepresent who a message is from — communications sent on your behalf will be clearly identifiable as coming from your business.
These commitments exist because they're the actual foundation of the service, and because review manipulation can get a Client's own listing penalized by Google — we're not willing to put that risk on you.
9. No Guarantee of Results
We do not guarantee a specific number of reviews, any particular rating outcome, or any specific business result. Whether and how an End Customer chooses to respond to a review request is entirely up to them, and is outside our control. Any results referenced in our marketing or in conversation are illustrative, not a promise of what you personally will experience.
10. Case Studies and Marketing Use
We may use certain business-related information to create case studies or marketing materials about our Services. This may include:
Client business name
Logo
Publicly available reviews
Testimonials
High-level performance results such as increased review volume
If you prefer not to have your business included in marketing materials, contact [email protected].
11. Intellectual Property
Our website, branding, and any materials we provide you as part of the Services remain our property (or that of our licensors). We grant you a limited, non-exclusive right to use anything we provide solely for operating your own business in connection with the Services — not to resell, redistribute, or repurpose it for any other commercial purpose. You retain ownership of your own business information, branding, and any content you provide to us.
12. Prohibited Uses
You agree not to use our website or Services to:
Attempt to access data or systems you're not authorized to access
Interfere with or disrupt the operation of our website or Services
Use automated tools to scrape or extract data from our website without permission
Use the Services for any unlawful purpose, or in a way that violates the rights of others
Misrepresent your identity or authority to act on behalf of a business
13. Third-Party Platforms
Our Services interact with third-party platforms — most notably Google, where reviews are ultimately posted. Those platforms operate independently, set their own policies, and can remove, hide, or modify content at their sole discretion. We aren't responsible for the actions of any third-party platform, and we can't guarantee the visibility or permanence of any review once it's posted.
14. SMS and Electronic Messaging
Where SMS is used as part of the Services, standard message and data rates from the recipient's carrier may apply. Any recipient can reply STOP to opt out of future messages at any time, and we honor that immediately. Messaging practices are designed around Canadian anti-spam law (CASL); as we serve Clients in other jurisdictions, this section will be updated to reflect applicable requirements there as well, including US telemarketing law where relevant.
15. Carrier Liability
Wireless carriers (including but not limited to Bell, Rogers, TELUS, Freedom Mobile, Videotron, and any other carrier used to transmit messages under the Services, whether in Canada or elsewhere) are not party to these Terms and are not responsible for the Services.
Carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission from your network provider and is not guaranteed. Carriers assume no liability for any failed, delayed, or misdirected delivery of any message, or for any errors in the content of any message. You acknowledge that carriers may impose their own restrictions on message content and delivery, including blocking, filtering, or throttling messages, and that we are not responsible for actions taken by a carrier that affect message delivery.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR ANY CARRIER INVOLVED IN TRANSMITTING MESSAGES UNDER THE SERVICES WILL BE LIABLE FOR ANY DELAYS, FAILURES, OR ERRORS IN MESSAGE DELIVERY, OR FOR ANY DAMAGES ARISING FROM YOUR OR AN END CUSTOMER'S USE OF, OR INABILITY TO USE, SMS MESSAGING AS PART OF THE SERVICES.
16. Data and Privacy
Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you agree to the practices described there.
17. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY SPECIFIC RESULT WILL BE ACHIEVED.
18. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST BUSINESS OPPORTUNITY, ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE THREE (3) MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DON'T ALLOW CERTAIN LIMITATIONS ON LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
19. Indemnification
You agree to defend, indemnify, and hold us harmless from any claim, loss, liability, or expense (including reasonable legal fees) arising from: (a) your breach of §7 (Client Responsibilities and Consent Warranty); (b) any contact information you provide us that was not lawfully collected or consented to; (c) your breach of these Terms; or (d) your violation of any applicable law in connection with your use of the Services.
20. Term, Suspension, and Termination
These Terms remain in effect while you use the Services. You may cancel at any time per §6. We may suspend or terminate your access if you materially breach these Terms (including the consent warranty in §7), fail to pay fees owed, or use the Services unlawfully — we'll aim to give you notice and a chance to fix the issue where reasonable, except where the conduct requires immediate action.
On termination, we'll stop sending communications on your behalf. Data associated with your account is handled according to our Privacy Policy's retention terms. Provisions that by their nature should survive termination (including §7, §17, §18, §20, and §21) continue to apply after these Terms end.
21. Third-Party Beneficiaries
These Terms are an agreement between you and us only. End Customers, or any other third party contacted through the Services, have no rights or remedies under these Terms and cannot enforce them against us. Any dispute an End Customer has regarding communications they received is between the Client and that End Customer.
22. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable there, without regard to conflict-of-law principles.
Before pursuing formal action, both parties agree to make a good-faith attempt to resolve any dispute directly. If that doesn't resolve it, the dispute will be subject to the exclusive jurisdiction of the courts of Alberta, and both parties consent to that jurisdiction and venue.
23. Force Majeure
We won't be liable for any delay or failure to perform caused by circumstances beyond our reasonable control, including natural disasters, government action, internet or telecommunications outages, or other similar events. We'll make reasonable efforts to resume normal service once the circumstance passes.
24. SMS Programs and Messaging Use Cases
Velocity Reviews operates two categories of SMS messaging in connection with the Services:
(a) Client & Lead Communications. We may send transactional messages (e.g., appointment confirmations, account and setup notifications) and, separately, marketing messages (e.g., service updates and offers) to prospects and Clients who submit consent through our website opt-in form. These two message types require separate, affirmative opt-in and are not bundled.
(b) Review Request Messaging. On behalf of Clients, we send review request and review reactivation messages to a Client's own End Customers, using contact information the Client provides. This messaging is sent under the Client's name and relates solely to soliciting genuine feedback on services the End Customer already received. Consent for this category is obtained and warranted by the Client under §7, not by us directly.
All messages, regardless of category, include a clear sender identification, honor STOP to opt out and HELP for support, and are subject to the disclosures in our Privacy Policy. Message frequency varies by program and engagement stage; standard message and data rates may apply.
25. General Provisions
Entire agreement — these Terms, along with our Privacy Policy and any specific agreement you've signed with us, are the entire agreement between us on this subject.
Severability — if any part of these Terms is found unenforceable, the rest remains in effect.
No waiver — our failure to enforce any part of these Terms isn't a waiver of our right to do so later.
Assignment — you may not assign your rights under these Terms without our written consent; we may assign ours in connection with a sale or reorganization of our business.
Relationship of the parties — we're independent contractors, not partners, employees, or joint venturers.
26. Changes to These Terms
We may update these Terms from time to time. We'll post the updated version here with a new "Last Updated" date, and for material changes, we'll make reasonable efforts to notify active Clients directly. Continued use of the Services after a change takes effect means you accept the update.
