These Terms of Service ("Terms") are an agreement between you, the business or person using the service ("you" or "Customer"), and Eightfold Consulting Ltd. of 32 Simcoe St, Lindsay, Ontario K9V 2G4, Canada ("we," "us," or "Eightfold"). They govern your use of ReplyTally (the "Service"). You accept these Terms by ticking the box or clicking "I agree" at sign-up. Before you do, we show you the price, taxes, billing frequency, renewal and cancellation terms, and you can review and correct your order. We email you a copy of these Terms and your order details after sign-up. The Service is intended for businesses. If you are accepting on behalf of a business, you confirm that you have authority to bind it. You can reach us at eightfoldconsult@gmail.com, 705-241-2899, or the address above.
1. The Service
The Service connects to your Google Business Profile and other supported review platforms, uses automated tools including artificial intelligence to draft replies to customer reviews, and posts replies as you direct. By default:
- Replies to 4-5 star reviews are posted automatically only if you turn on auto-post. Turning it on is your express consent for us to post those replies on your behalf without reviewing each one first. You can turn it off at any time.
- Replies to 1-3 star reviews are sent to you by email and are posted only after you approve them.
We may add, change, or remove features, including support for other review platforms.
2. Accounts
You must be at least the age of majority in your province, give accurate information, and keep your login secure. You may connect only business profiles you are authorized to manage. You are responsible for everything that happens under your account.
Who can use the Service (at this time): the Service is not offered to:
- health-care providers or other organizations that handle personal health information, such as clinics, dental, medical, therapy or pharmacy practices; or
- customers located in Quebec.
We may refuse or close accounts that fall into these groups, and we will refund any prepaid fees if we do.
3. Free Trial
New customers may get a 14-day free trial, one per business or location. A valid payment method is required to start. Unless you cancel before the trial ends, your paid subscription starts automatically and your payment method will be charged. We will email you a reminder at least 7 days before the trial ends, telling you the date and amount of the first charge and how to cancel. You can cancel during the trial in the billing portal, and you won't be charged.
4. Subscription, Fees and Automatic Renewal
- Fees are $39 CAD per location per month, or $390 CAD per location per year, plus applicable taxes including HST (HST #715949079RT0001), unless a different price is shown at checkout.
- Subscriptions renew automatically at the end of each monthly or annual term for the same length of term, and your payment method on file is charged at the then-current price until you cancel.
- All prices are in Canadian dollars. Payments are processed by Stripe. We do not store your full card details. Receipts are emailed after each charge.
- For annual plans, we will email you a reminder at least 30 days before each renewal.
- We may change prices with at least 30 days' notice by email. The notice will state the new price and the date it takes effect, which will be your next renewal after the notice period. If you don't agree, you can cancel before then at no cost.
- If you think a charge is wrong, contact us at eightfoldconsult@gmail.com before disputing it with your card issuer, and we'll try to sort it out quickly.
- If a payment fails, we may suspend the Service until payment is made.
5. Cancellation and Refunds
- You may cancel at any time through the customer billing portal (in your account settings) or by emailing eightfoldconsult@gmail.com. We confirm cancellations by email.
- Cancellation takes effect at the end of your current paid term. You keep access until then.
- We do not provide refunds or credits for partial terms, unused time, or downgrades, except where applicable law requires it.
- After cancellation or termination, we delete your data as described in our Privacy Policy. Google review content is deleted within 48 hours of disconnecting and is never kept more than 30 days. You can disconnect Google, and remove ReplyTally's access to your Business Profile, at any time. We will help you fully disassociate your Business Profile from ReplyTally within 7 business days of your request.
- We may suspend or end your account if you breach these Terms. Where reasonable, we will give you notice and a chance to fix the problem first. If we end the Service for reasons other than your breach, we will refund any prepaid fees for the unused part of your term.
6. Your Responsibility for Replies
Replies are published under your business's name. You are solely responsible for every reply posted through the Service, whether you approved it individually or it was auto-posted under your auto-post settings. AI-generated drafts may contain errors or inappropriate content, so you should review your settings and posted replies regularly. You agree not to use replies to disclose customers' personal or health information. This is especially important for regulated professions. You are also responsible for following your professional and regulatory obligations.
7. Acceptable Use
You must not use the Service to:
- post false, misleading, defamatory, harassing, discriminatory, or unlawful content;
- solicit, incentivize, write, or manipulate reviews, or break Google's or any other platform's policies;
- disclose personal information about reviewers or others;
- access profiles you are not authorized to manage;
- reverse engineer, overload, resell, or interfere with the Service; or
- break any law, including Canada's Anti-Spam Legislation (CASL) and privacy laws.
8. Third-Party Services and Google
The Service depends on third-party platforms and APIs, including the Google Business Profile APIs, Stripe, and AI providers. Your use of Google services is governed by Google's terms. We do not control these third parties. Their outages, policy changes, rate limits, or decisions to restrict or end API access may interrupt or end some or all of the Service, and we are not liable for that. Where a change forces us to permanently discontinue the Service, we will refund prepaid fees for the unused part of your term. You can revoke our access at any time at https://myaccount.google.com/permissions. Our use of Google user data is described in our Privacy Policy. If ReplyTally makes any change to your Business Profile account, such as adding or removing a manager, we will notify you within 48 hours.
9. Intellectual Property and Content
We own the Service and all related software and materials. You keep ownership of your content. If you send us suggestions or feedback, we may use them without obligation to you. You give us a limited licence to process your content, including reviews, business information, and replies, only to provide and improve the Service as described in our Privacy Policy. Once a reply is generated for you, it is yours to use.
10. Privacy
Our Privacy Policy explains how we handle personal information and forms part of these Terms.
11. Disclaimers
To the extent permitted by law, the Service is provided "as is" and "as available." We do not guarantee that it will be uninterrupted or error-free, that AI drafts will be accurate or suitable, or that any particular rating, ranking, or business result will follow.
12. Limitation of Liability
To the maximum extent permitted by law: (a) we are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, goodwill, or data; and (b) our total liability for all claims relating to the Service is limited to the fees you paid us in the 12 months before the claim arose. These limits do not apply where the law does not allow them, including to liability for gross negligence, wilful misconduct, or personal injury.
13. Indemnity
You agree to indemnify us against claims arising from your content, replies posted through your account, your breach of these Terms, or your violation of law or third-party rights.
14. Changes to These Terms
We may update these Terms. We will give at least 30 days' notice by email or in the app before material changes take effect. The notice will describe the change and when it takes effect. If you keep using the Service after that, you accept the changes. If you don't agree, you can cancel before they take effect and we will refund any prepaid fees for the period after the change takes effect.
15. Governing Law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. Subject to any rights you have under consumer protection law, the courts of Ontario have exclusive jurisdiction.
Consumers: if you are an individual using the Service mainly for personal, family or household purposes, nothing in these Terms limits any rights you have under the Ontario Consumer Protection Act, 2002 or other consumer protection laws that cannot be waived. This includes your right to start a court action or join a class action in Ontario.
16. General
These Terms are the entire agreement between us about the Service. If any part is unenforceable, the rest stays in effect. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition or sale of our business, and we will notify you if we do. Neither of us is responsible for delays caused by events beyond our reasonable control, such as outages of Google or other providers, internet failures or natural disasters. Failing to enforce a term is not a waiver. Sections that by their nature should survive termination (including fees owed, Sections 6, 11, 12, 13 and 15) survive. You agree that we may send notices and agreements to you electronically. Notices to us go to eightfoldconsult@gmail.com.
Contact
Eightfold Consulting Ltd., 32 Simcoe St, Lindsay, ON K9V 2G4, eightfoldconsult@gmail.com