These Terms of Service ("Terms") govern your use of the services provided by AscendSpot LLC ("AscendSpot," "we," "us"). By starting a trial, paying for the service, or otherwise using it, you agree to these Terms.
1. What the service is
AscendSpot provides a done for you review request and customer communication service. Depending on your plan, this may include automated review request messages after completed jobs, follow up reminders, missed call text back, review responses, past customer campaigns, and reporting.
2. The 14 day trial
Your first 14 days are free. A valid payment method is required to begin the trial in order to reserve your setup slot. Nothing is charged during the 14 day trial period. If you do not cancel before the end of day 14, your paid monthly plan begins automatically on day 15 at the rate quoted to you, and you will be billed on that date.
To cancel during the trial, contact us by phone, text, or email using the details at the bottom of this page before day 15. If you cancel during the trial, you are not charged.
3. Billing and renewal
- Paid plans are billed monthly in advance, beginning on day 15 of your trial unless cancelled.
- Your plan renews automatically each month until cancelled.
- Prices are quoted to you before you begin and will not change during an active billing month.
- Payments are processed by a third party payment processor. We do not store full card numbers.
4. Cancellation
You may cancel at any time by contacting us. Cancellation takes effect at the end of your current billing month. There is no long term contract and no cancellation fee. Monthly fees already paid are not refundable, except where required by law or where we agree otherwise in writing.
5. What we do not guarantee
AscendSpot provides a system that requests reviews from your customers. We do not guarantee any specific number of reviews, any star rating, any search ranking position, any amount of revenue, or any number of new customers. Results depend on your job volume, the quality of your work, the accuracy of the customer information you provide, and factors controlled by Google and by your customers, none of which are within our control.
6. Your responsibilities
- Lawful contact information. You are responsible for ensuring you have the right to contact the customers whose information you provide to us, and that your collection of that information complies with applicable law, including the Telephone Consumer Protection Act and related regulations.
- Accurate information. You are responsible for the accuracy of the customer data, business information, and review links you give us.
- Honoring opt outs. Opt out requests are processed automatically, and you agree not to circumvent them.
- Your own conduct. You are responsible for the quality of the work your business performs and for responding to customer concerns routed to you.
7. Prohibited uses
You may not use the service to:
- Solicit, purchase, incentivize, or fabricate false or misleading reviews
- Offer anything of value in exchange for a positive review or for the removal of a negative review
- Contact people who have not done business with you or who have opted out
- Send unlawful, harassing, deceptive, or unsolicited commercial messages
- Violate the terms of Google or any other platform on which reviews are collected
We may suspend or terminate service immediately for any violation of this section.
8. Third party platforms
Reviews are collected on platforms we do not own or control, such as Google. Those platforms set their own rules, may filter or remove reviews, and may change their policies at any time. We are not responsible for the actions of those platforms.
9. Setup and cooperation
Setup requires reasonable cooperation from you, including access to the information needed to configure the service. If we are unable to complete setup because required information is not provided, the trial period still runs from the date the trial began.
10. Intellectual property
AscendSpot retains all rights to its systems, templates, workflows, reports, and materials. You retain ownership of your business information and customer data. You grant us a limited right to use that information solely to provide the service.
11. Confidentiality
Each party agrees to protect the other's non public business information and to use it only for purposes of the service.
12. Limitation of liability
To the maximum extent permitted by law, AscendSpot is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost business, arising out of or related to the service. Our total liability for any claim is limited to the amount you paid us in the three months preceding the claim.
13. Disclaimer of warranties
The service is provided "as is" and "as available." We disclaim all warranties not expressly stated here, including implied warranties of merchantability, fitness for a particular purpose, and non infringement.
14. Indemnification
You agree to indemnify and hold harmless AscendSpot from claims arising out of your breach of these Terms, your violation of law, the customer data you provide, or the work your business performs.
15. Suspension and termination
We may suspend or terminate the service for non payment, violation of these Terms, or conduct that exposes us or our providers to legal or reputational risk. You may terminate at any time under Section 4.
16. Changes to these Terms
We may update these Terms. Material changes will be communicated to active clients. Continued use after a change means you accept the updated Terms.
17. Governing law
These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to its conflict of laws rules. Any dispute will be brought in the state or federal courts located in Kentucky.
18. Entire agreement
These Terms, together with any written service agreement signed between you and AscendSpot, form the entire agreement. Where a signed service agreement conflicts with these Terms, the signed agreement controls.