1Definitions

1.1 "Client" means the business or individual who subscribes to our Services.

1.2 "End Customer" means the customers of our Client whose information is processed through our Services for the purpose of requesting reviews.

1.3 "Content" means any text, images, reviews, responses, or other materials submitted through or generated by our Services.

1.4 "Google" means Google LLC and its affiliated companies, including Google Business Profile services.

1.5 "Platform" means our automated review management system, including SMS and email delivery systems.

2Service Description

2.1 Automated Review Management Tools

Lavender Hill Collective provides automated tools to help businesses:

• Send personalized review requests via SMS and email to End Customers
• Automatically generate and post responses to Google reviews
• Route satisfied customers to Google for public reviews
• Filter and manage negative feedback for private resolution
• Monitor and analyze review performance

2.2 Service Provider Role

We act as a service provider facilitating communication between our Clients and their End Customers. We do not guarantee specific review outcomes, ratings, or ranking improvements on Google.

3Eligibility and Account Registration

3.1 Eligibility Requirements

You must be at least 18 years old and have the legal capacity to enter into binding contracts. By using our Services, you represent and warrant that you meet these requirements.

3.2 Account Creation

To use our Services, you must register for an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials.

3.3 Account Security

You are responsible for all activities that occur under your account. Notify us immediately of any unauthorized use or security breach.

3.4 Business Verification

We may verify your business ownership and Google Business Profile access before activating Services.

4Client Responsibilities and Representations

4.1 Compliance with Laws

You agree to use our Services in compliance with all applicable laws, including:

• The Protection of Personal Information Act 4 of 2013 (POPIA) of South Africa
• The Consumer Protection Act 68 of 2008
• The Electronic Communications and Transactions Act 25 of 2002
• Google's Terms of Service and Review Policies
• Anti-spam legislation (including POPIA direct marketing rules)

4.2 Consent Obligations

You represent and warrant that:

• You have obtained explicit consent from End Customers to contact them via SMS and email for review requests
• Your End Customers have not opted out of receiving such communications
• You have a legitimate business relationship with each End Customer
• You will honor opt-out requests immediately

4.4 Content Responsibility

You are solely responsible for:

• The accuracy and legality of End Customer contact information
• The appropriateness of automated response templates
• Any consequences arising from review management activities

5Data Processing and Privacy

5.1 Data Processing

You acknowledge that we process personal information of your End Customers on your behalf as an operator under POPIA. Our Privacy Policy describes how we handle data.

5.2 Client as Responsible Party

You act as the responsible party under POPIA for your End Customers' data. You must ensure you have lawful grounds to share this data with us.

5.3 Data Security

We implement reasonable security measures, but you acknowledge that no system is completely secure. You are responsible for securing your account access.

6Fees and Payment

6.1 Subscription Fees

Our Services are offered on a subscription basis. Fees are specified on our pricing page or in your service agreement.

6.2 Payment Terms

• Fees are payable in advance unless otherwise agreed
• Payments are processed securely through our third-party payment processors
• You authorize us to charge your designated payment method

6.3 Late Payments

Failure to pay may result in suspension or termination of Services.

6.4 No Refunds

Subscription fees are generally non-refundable except as required by law or at our sole discretion.

6.5 Price Changes

We may modify fees with 30 days' notice. Continued use after changes constitutes acceptance.

7Intellectual Property

7.1 Our Rights

All rights, title, and interest in our Services, including software, algorithms, designs, logos, and content (excluding Client Content), remain our exclusive property.

7.2 Client Content

You retain ownership of your business information and End Customer data. You grant us a limited license to use this data solely to provide our Services.

7.3 Feedback

Any feedback or suggestions you provide may be used by us without restriction or compensation.

8Third-Party Services

8.1 Google Integration

Our Services integrate with Google Business Profile and Google Reviews. We are not affiliated with Google, and Google may modify or discontinue its services at any time.

8.2 Third-Party Terms

Your use of Google services is subject to Google's Terms of Service and Privacy Policy. We are not responsible for changes to Google's policies or service availability.

8.3 SMS and Email Providers

We use third-party providers for message delivery. Delivery is not guaranteed and may be affected by carrier issues, spam filters, or technical problems.

9Disclaimer of Warranties

9.1 As-Is Basis

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that Services will be uninterrupted, error-free, or secure
• Warranties regarding specific review volumes, ratings, or business outcomes

9.2 Google Relationship

We do not control Google Search rankings, review display, or Google's algorithms. Results may vary.

9.3 End Customer Behavior

We cannot guarantee that End Customers will leave reviews, respond to requests, or provide positive feedback.

10Limitation of Liability

10.1 Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

10.2 Direct Damages

Our total liability for any claims arising from these Terms shall not exceed the amount you paid us in the 12 months preceding the claim.

11Indemnification

You agree to indemnify, defend, and hold harmless Lavender Hill Collective, its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or in any way connected with:

• Your breach of these Terms
• Your misuse of our Services
• Your violation of any third-party rights, including End Customers or Google
• Your violation of any applicable law or regulation

12Termination

12.1 Termination by You

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period.

12.2 Termination by Us

We may suspend or terminate your access immediately if you:

• Violate these Terms or applicable laws
• Engage in fraudulent or abusive behavior
• Fail to pay fees when due
• Use our Services in a manner that damages our reputation or relationship with third parties

12.3 Effect of Termination

Upon termination:

• Your access to Services will cease immediately
• We may delete your account data after a reasonable retention period
• Provisions regarding intellectual property, liability, and indemnification survive termination

13Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa.

13.2 Jurisdiction

Any disputes shall be resolved exclusively in the courts of Cape Town, Western Cape, South Africa.

13.3 Informal Resolution

Before filing any claim, you agree to attempt to resolve disputes informally by contacting us at [email protected].

14General Provisions

14.1 Entire Agreement: These Terms constitute the entire agreement between you and us regarding our Services.

14.2 Severability: If any provision is found unenforceable, the remaining provisions remain in full effect.

14.3 Waiver: Our failure to enforce any right or provision does not constitute a waiver.

14.4 Assignment: You may not assign these Terms without our written consent. We may assign these Terms without restriction.

14.5 Notices: Notices to you will be sent to the email address associated with your account.

15Changes to These Terms

We may modify these Terms at any time. We will notify you of material changes via email or website notice. Your continued use of Services after changes constitutes acceptance. If you do not agree to the changes, you must stop using our Services.