Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Zatisfied Inc. ("Zatisfied," "Company," "we," "our," or "us") governing your access to and use of the Zatisfied platform, including our website at zatisfied.io, web application, mobile applications, APIs, and any related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" shall include both you individually and the organization you represent.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Service.

The following terms have specific meanings when used in these Terms of Service:

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts in your jurisdiction. By registering for an Account, you represent and warrant that all information you provide is accurate, current, and complete, and that you have the authority to create an account and use the Service.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials, including passwords and API keys
• All activities that occur under your account, whether or not authorized by you
• Notifying us immediately at security@zatisfied.io of any unauthorized access or security breach
• Ensuring your account information remains accurate and up-to-date at all times
• Using strong, unique passwords and enabling two-factor authentication when available

3.3 Account Types

We offer different account types to meet various business needs, including individual restaurant accounts, multi-location team accounts, and enterprise accounts for franchise organizations. Each account type may have different permissions, user seat limitations, feature access, and pricing as described in our pricing documentation. You agree to use the account type appropriate for your business size and needs.

4.1 License Grant

Subject to your compliance with these Terms and payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes during the term of your Subscription. This license does not include the right to modify, adapt, or create derivative works from the Service.

4.2 Restrictions

You shall not, and shall not permit any third party to:

• Copy, modify, translate, or distribute the Service or any part thereof
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
• Sublicense, sell, resell, rent, lease, or transfer access to the Service to any third party
• Use the Service for competitive analysis, benchmarking, or to build a competing product or service
• Circumvent, disable, or interfere with any security features, usage limitations, or technical restrictions
• Access the Service through automated means (bots, scrapers, crawlers) except through our official APIs with proper authentication
• Exceed the user seats, location counts, or API rate limits of your Subscription plan
• Use the Service to send unsolicited communications or engage in any form of spam
• Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure

You agree not to use the Service to:

• Violate any applicable laws, regulations, industry standards, or third-party rights
• Post fake reviews, engage in review manipulation, incentivize reviews improperly, or violate platform review policies
• Harass, abuse, threaten, defame, or harm other users, customers, or individuals
• Transmit spam, phishing attempts, malware, viruses, or other harmful code
• Impersonate any person, business, or entity, or misrepresent your affiliation
• Interfere with, disrupt, or overload the Service or its supporting infrastructure
• Collect, harvest, or store personal data of others without their explicit consent
• Engage in fraudulent activities, misrepresent your business, or deceive customers
• Use AI features to generate misleading, defamatory, discriminatory, or illegal content
• Violate the terms of service or policies of any Connected Platform

6.1 Subscription Plans

We offer tiered subscription plans priced per location: Starter at $39/month and Pro at $59/month. Each tier includes different features, usage limits, and capabilities as described on our pricing page. Features, pricing, and plan structures are subject to change with reasonable notice to existing subscribers.

6.2 Free Trial

We offer a 7-day free trial period for new users. During the trial, you may access premium features without charge to evaluate the Service. At the end of your trial period, your account will be downgraded to limited functionality unless you subscribe to a paid plan. We reserve the right to modify, limit, or discontinue free trial offers at any time without prior notice.

6.3 Payment Terms

• Subscriptions are billed in advance on a monthly or annual basis, based on your selection
• All fees are quoted and payable in US dollars unless otherwise specified
• All fees are non-refundable except as expressly stated in these Terms or required by law
• You authorize us to charge your designated payment method for all recurring fees when due
• We use Stripe as our payment processor; their terms of service also apply to payment transactions
• Failed payments may result in service suspension after reasonable notice (typically 7-14 days)
• You are responsible for any taxes, duties, or levies applicable to your Subscription

6.4 Price Changes

We may modify our pricing with at least 30 days' advance notice via email to your registered address. Price changes will take effect at the start of your next billing period following the notice period. If you do not agree with a price change, you may cancel your Subscription before the change takes effect without penalty.

6.5 Refunds

We generally do not provide refunds for subscription fees already paid. However, we may offer refunds or service credits at our sole discretion in cases of significant Service failures, billing errors, or other exceptional circumstances. Annual subscriptions may be eligible for pro-rated refunds if canceled within the first 30 days. Contact billing@zatisfied.io for refund requests.

7.1 Our Ownership

Zatisfied and its licensors exclusively own all rights, title, and interest in and to the Service, including all software, algorithms, AI models, machine learning systems, user interfaces, graphics, designs, trademarks, service marks, logos, and proprietary content (excluding User Content). These Terms do not grant you any ownership rights in the Service or any intellectual property rights beyond the limited license expressly stated herein.

7.2 Feedback

If you provide feedback, suggestions, ideas, or recommendations about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully-paid, transferable license to use, modify, incorporate, and commercialize such Feedback without any obligation, compensation, or attribution to you.

7.3 AI-Generated Content

AI-generated responses, suggestions, and content created by our Service are provided as tools to assist you, not as final products. You retain full responsibility for reviewing, editing, approving, and publishing any AI-generated content. We claim no ownership over AI-generated content that you choose to use, but you acknowledge that similar content may be generated for other users and is not considered confidential.

8.1 Your Ownership

You retain all ownership rights in your Customer Data and User Content that you submit to the Service. We claim no ownership rights over your content beyond the limited license necessary to provide the Service.

8.2 License to Zatisfied

You grant us a limited, non-exclusive, worldwide, royalty-free license to access, use, process, store, and display your Customer Data and User Content solely to:

• Provide, maintain, operate, and improve the Service
• Generate analytics, insights, reports, and AI-powered features for your benefit
• Create aggregated, anonymized, de-identified data for product improvement and industry benchmarking (which will not be identifiable to you or your business)
• Comply with legal obligations and enforce these Terms

8.3 Your Responsibilities

You represent and warrant that:

• You own or have all necessary rights, licenses, and permissions to submit your content to the Service
• Your content does not violate any applicable laws, regulations, or infringe any third-party intellectual property, privacy, or other rights
• Any review responses you publish through Connected Platforms comply with those platforms' terms of service and content policies
• Your use of the Service complies with all applicable data protection and privacy laws

8.4 Data Retention

Upon account termination, we will delete or anonymize your Customer Data within 90 days, except as required by law or for legitimate business purposes (such as maintaining records of transactions or resolving disputes). You may request a data export at any time before termination through your account settings or by contacting support.

9.1 Connected Platforms

The Service integrates with numerous third-party review and delivery platforms, including but not limited to Google My Business, Yelp, TripAdvisor, Facebook, OpenTable, DoorDash, Uber Eats, Grubhub, and others. Your use of these integrations is subject to the respective platforms' terms of service, privacy policies, and API usage policies.

9.2 Authorization

By connecting third-party accounts to our Service, you authorize us to access, retrieve, and use data from those platforms as reasonably necessary to provide the Service, including fetching reviews, posting responses, and gathering analytics. You are solely responsible for maintaining valid authorization, ensuring your use complies with platform policies, and managing any credentials or access tokens.

9.3 No Endorsement

Integration with or support for third-party services does not constitute endorsement, partnership, or affiliation. We are not responsible for the availability, accuracy, functionality, content, or policies of Connected Platforms. Changes to third-party platforms may affect Service functionality without liability to us.

10.1 Limited Warranty

We warrant that the Service will perform materially in accordance with our documentation during the term of your Subscription. Your sole and exclusive remedy for any breach of this limited warranty is, at our option, either a pro-rated refund of fees paid for the affected period or repair or replacement of the defective Service functionality.

10.2 Disclaimer

We do not warrant that:

• The Service will be uninterrupted, timely, error-free, or completely secure
• AI-generated content will be accurate, appropriate, effective, or free from bias
• Any particular results, outcomes, or improvements will be achieved from using the Service
• The Service will meet all of your specific requirements or expectations
• Defects or errors will be corrected or that the Service will be free of viruses or harmful components

10.3 AI Limitations

AI features are tools designed to assist you, not to replace human judgment and decision-making. You are solely responsible for reviewing, editing, and approving all AI-generated content before use or publication. We do not guarantee that AI outputs will be accurate, appropriate, legally compliant, or free from errors or bias. You should not rely solely on AI-generated content for critical business decisions.

11.1 Exclusion of Damages

11.2 Liability Cap

11.3 Exceptions

The limitations and exclusions in this Section 11 do not apply to: (a) breaches of confidentiality obligations; (b) your indemnification obligations under Section 12; (c) either party's gross negligence, willful misconduct, or fraud; (d) violations of the other party's intellectual property rights; or (e) any liability that cannot be limited or excluded under applicable law.

You agree to indemnify, defend, and hold harmless Zatisfied, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and legal costs) arising from or relating to:

• Your access to or use of the Service, or any violation of these Terms
• Your User Content, Customer Data, or any content you submit, post, or transmit through the Service
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
• Your violation of any applicable laws, regulations, or industry standards
• Your review responses or other interactions with customers, including any claims of defamation, fraud, or unfair business practices
• Any dispute between you and any Connected Platform arising from your use of their services through our integrations
• Any unauthorized access to or use of your account or credentials

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of such claims.

13.1 Termination by You

You may cancel your Subscription at any time through your account settings or by contacting our support team at support@zatisfied.io. Cancellation takes effect at the end of your current billing period, and you will retain access until then. No refunds are provided for partial billing periods except as stated in Section 6.5.

13.2 Termination by Us

We may suspend or terminate your access to the Service:

• Immediately and without prior notice for material breach of these Terms, including violations of the Acceptable Use Policy
• Immediately for non-payment after reasonable notice (typically 7-14 days of grace period)
• Upon 30 days' written notice for any reason or no reason (convenience termination)
• If required by law, regulation, or court order
• To protect the integrity, security, or operation of the Service or other users

13.3 Effect of Termination

Upon termination or expiration of your Subscription:

• Your license to access and use the Service ends immediately
• You remain liable for any outstanding fees, charges, or obligations accrued before termination
• We will delete or anonymize your Customer Data in accordance with our data retention policy (Section 8.4)
• Provisions of these Terms that by their nature should survive termination will remain in effect, including Sections 7 (Intellectual Property), 10-12 (Warranties, Liability, Indemnification), 14 (Dispute Resolution), and 15 (General Provisions)

14.1 Governing Law

These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of laws principles that would require application of the laws of a different jurisdiction.

14.2 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact us at legal@zatisfied.io and attempt to resolve the dispute informally within 60 days. We will make good faith efforts to resolve any concerns or claims through direct negotiation.

14.3 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by JAMS in San Francisco, California, under the JAMS Streamlined Arbitration Rules. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

14.4 Class Action Waiver

14.5 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or data security.

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Zatisfied regarding the Service and supersede all prior or contemporaneous understandings, proposals, negotiations, or communications, whether written or oral.

15.2 Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision must be in writing and signed by an authorized representative of Zatisfied.

15.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

15.4 Assignment

You may not assign, transfer, or delegate these Terms or any rights or obligations hereunder without our prior written consent. We may freely assign these Terms and our rights and obligations to any affiliate, successor, or acquirer without your consent. Any attempted assignment in violation of this section shall be null and void.

15.5 Force Majeure

Neither party shall be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to natural disasters, war, terrorism, riots, civil unrest, government actions, pandemics, labor disputes, or failures of third-party services, telecommunications, or internet infrastructure.

15.6 Notices

Notices to you may be sent to the email address associated with your account or posted on the Service. You are responsible for ensuring your contact information is current. Notices to us should be sent to legal@zatisfied.io or to our physical address listed in Section 16.

15.7 Relationship of Parties

Nothing in these Terms creates any partnership, joint venture, agency, franchise, or employment relationship between you and Zatisfied. Neither party has authority to bind the other or incur obligations on the other's behalf.

For questions, concerns, or notices regarding these Terms of Service, please contact us: