Terms of Use for Businesses

Introduction

Welcome to Reviews Caribbean. Our platform helps you engage with consumers, collect feedback, and gather insights to enhance consumer experiences. Our mission is to be a universal symbol of trust, built on openness and collaboration among businesses and consumers. Before using our services, please read these Terms of Use and Sale for Businesses ("Terms") to understand our mutual expectations.

Whether using our free or paid services, you must accept these Terms to clarify our legal rights and obligations. Your use of our services is conditional on agreeing to these Terms. If you do not agree or cannot comply, you must not use our services. Your use of our platform and services, including any free services or trials, is governed by these Terms.

You agree to these Terms by: (a) clicking a button or box confirming your agreement; (b) signing or accepting a quote, order form, or similar document referring to these Terms; (c) paying or accepting an invoice for a subscription to our paid services; or (d) claiming a business profile page or using any of our services.

If you have questions contact us at info@reviewscaribbean.com.

Defined terms in “quotation marks” have the same meanings each time they are used in these Terms.

Joining and Using Reviews Caribbean

We outline below how you can access and use our platform.

1. You and Reviews Caribbean: When we say “you” or “your”, we refer to the entity or business you represent. When we say “Reviews Caribbean”, “we”, “our”, or “us”, we mean the Reviews Caribbean entity you contract with as stated in the "Our contracting entities and governing law" section of these terms. When we say “affiliate”, we mean an entity or firm controlling, controlled by, or under common control, whether directly or indirectly, with that party.

2. Our Platform: When we say our “platform”, we mean our review platform hosted at ReviewsCaribbean.com, including any sub-domain, sub-directory, similar website, or app. Our platform is operated by Pineapple Connect LLC in all countries.

3. Our Services: Our “services” encompass the Reviews Caribbean business account, encompassing review services and other current or future offerings. These are delineated in any quote, order form, invoice, or other commercial communication presented to you or your partner, or on our platform. The following points apply to our services:

• We can"t guarantee that our services and platform will be compatible with your browser, network, or computer set-up.
• Our services don"t include any third-party products (please see the Third-party products section below for more information).

4. Business Profile Page: To gain access to our services, you or a representative must claim a business profile page on our platform, also known as a company profile page.

5. Free Plan: Upon claiming a business profile page, you'll acquire a business account granting access to our free plan services. Access remains until account deletion by you or termination by us.

6. Subscriptions: If you subscribe to one or more services not included in our free plan (a “subscription”), you will be able to access these services through your business account. The following points also apply:

• Subscription period: Most subscriptions run for 12 months, but the specific duration of your subscription (“subscription period”) will be listed in the commercial materials issued or presented to you when you agree to purchase that subscription.
• Subscription renewals: At the end of each subscription period, your subscription will automatically renew for a further subscription period unless we have agreed on something different with you or your partner (if applicable) in your quote, order form, or similar document, or you or we terminate your subscription - see the Termination and Suspension section. If your subscription is not renewed, you will still have access to the services provided in our free plan.
• Subscription renewal pricing: To the extent permitted by law and subject to the remainder of these terms, at the end of your current subscription period we may (without informing you) increase the total price of your subscription by up to 5%, unless: (a) either you or we terminate your subscription in accordance with these terms; or (b) we inform you of a different price increase at least 45 days before your next renewal date. If we increase your price in accordance with this Subscription renewal pricing section, then your increased price will take effect on your next renewal date.

7. Domains: You promise that you (or one of your affiliates) own or have an exclusive right to operate the domain(s) you use our systems and services for. If one of your affiliates owns or has an exclusive right to operate a domain that you use our systems and services for, you promise that you have the authority to accept these terms in respect of such domain.

8. Sending Invitations to Your Consumers Using Our Platform If you use our review invitation service, you will be treated as the sender of each invitation sent - not us. It is your responsibility alone to ensure that the invitations you send (or that we send on your behalf) using our services meet all applicable legal and regulatory requirements and comply with the guidelines.

In particular, you confirm that the content of each invitation will comply with all applicable legal and regulatory requirements and that you will have all the rights, permissions, and consents required for your invitations to be sent in compliance with applicable privacy laws (as defined in the Privacy Laws section of these terms). For example, in some countries, review invitation emails are viewed as unsolicited marketing communications that require prior consent from your customers. This means that you may be required to obtain consent from your customers depending on national legislation and you, therefore, agree not to use our review invitation service to issue invites without obtaining the required consents.

9. Sending Invitations to Your Consumers Outside of Our Platform: Where you display or send review invitations outside of our platform (for example, where you create and send review invitation links yourself or direct consumers to create reviews on your business profile page), you agree that you are accessing and using our services. It is your responsibility alone to ensure that the invitations you send meet all applicable legal and regulatory requirements and comply with the guidelines.

10. Business Account: You take responsibility for fully controlling who administers and can access your business account, how it is managed, and how you use our services. For example:

• You control access to your business account. You decide who is allowed to use and access the services available through your business account (“authorized users”) and what kind of access each of those authorized users has. You can change or stop that access at any time.
• You"re responsible for all your authorized users" activity, their use of our services, and their compliance with these terms and our guidelines.
• You promise that you"ll keep your information (including a current email address) up to date.
• You"re responsible for providing true, accurate, and complete information.
• You"re also responsible for protecting your username and password from getting stolen or misused.
• You have the right to let your affiliates access and use our services under these terms. However, if you do so, you are responsible for ensuring that your affiliates comply with these terms and our guidelines, and you are liable for their actions and omissions as if they were your own.

11. User Roles and Access: It's crucial to comprehend the permissions granted to those authorized to use your business account. Every user you authorize is bound by our terms and guidelines. You bear responsibility for their actions and inactions. Ensuring their full awareness of obligations and restrictions falls on your shoulders.

12. Your Key Responsibilities: You are only permitted to utilize our services for domains whose business profiles have been claimed by you or your representative (“claimed domains”), and this usage must align with your relevant subscription, if applicable. Your use of our services must strictly adhere to lawful business purposes and align with the terms and guidelines provided.

13. Compliance Guidelines: By accessing or utilizing our services, you commit to adhering to our guidelines, policies, and codes outlined on reviewscaribbean.com specifically tailored for businesses and individuals, along with any other referenced guidance within these terms (“compliance guidelines”). Familiarize yourself with them thoroughly to understand the do's and don'ts. These guidelines serve as a crucial framework, delineating proper usage of our services to maintain fairness and trustworthiness within our platform. Updates and revisions to the guidelines may occur periodically, and such changes will apply to you immediately, without requiring explicit acceptance or action on your part.

14. What we each own: We, or our licensors, retain ownership over the content within our services, excluding user-owned content like reviews and consumer data shared when sending invitations. Our ownership extends to the design, compilation, and aesthetic of our services, encompassing copyrighted works, trademarks, and other intellectual property. Usage of our content or intellectual property without explicit permission is prohibited, including logos, graphics, and review scores, unless authorized by us.

15. User generated content: Content generated by you, consumers, or other users within our services constitutes “user generated content”. You grant us perpetual, unrestricted use of such content, ensuring you possess the requisite rights for this grant. Unless removed for guideline violations, user generated content remains publicly accessible even post-account deletion or subscription termination.

16. User Feedback: We value your feedback regarding our services and reserve the right to utilize it indefinitely without limitations or compensation. This includes written content or feedback provided to us, which we may use, quote, or reference as deemed appropriate.

17. Support and Assistance: For assistance, visit our Contact Us page or contact info@reviewscaribbean.com.

18. Impartiality and Relationships: No clause within these terms implies the formation of a partnership, joint venture, employment, or agency relationship between you and us.

19. Business Identity and Display: To identify reviewed businesses, we may display your business name and logo on our platform, similar to a directory. You retain control over your business profile page and can modify your name and logo as needed. By using our services, you permit us to publicly use your name, logo, and examples of Reviews Caribbean usage, such as on your website and in ads, for corporate, promotional, and marketing purposes. You may display reviews and our brand marks on your claimed domains, following our guidelines and using provided designs and functionality.

20. Prohibited Activities: While not exhaustive, here are key examples of prohibited activities:

• Compromising platform security or integrity.
• Actions that hinder platform functionality or others' use.
• Unauthorized platform access.
• Uploading harmful content.
• Submitting fake reviews.
• Engaging in misleading, offensive, or illegal behavior.
• Unauthorized manipulation of platform elements.
• Unpermitted resale or transfer of services.
• Unauthorized use or resale of accessed data.
• Fraudulent or illegal acts.
• Abusive behavior toward Reviews Caribbean staff or users.
• Removal of Reviews Caribbean branding.
• Using the platform for competitive purposes.

Pricing and Payments

Unless you're utilizing our complimentary plan or undergoing a trial period, accessing and utilizing our services requires payment. The specific price and terms pertinent to you are provided when you agree to procure our services.

21. Trials: Trials may be extended for select services as delineated in the corresponding commercial materials. We retain the right to withdraw or alter your access to these services at our discretion, without prior notice or liability. Upon trial conclusion, access to these services may be terminated in line with any communicated terms or restrictions. To continue utilizing these services post-trial, a subscription is necessary.

22. Reviews Caribbean Subscriptions: We provide business users access to our free plan, granting utilization of various Reviews Caribbean services. However, certain services necessitate subscription payment. Subscription pricing may vary regionally. The specific price and terms of your subscription are detailed in the commercial materials accepted upon subscription purchase. If adjustments to your subscription scope are agreed upon during the subscription period (e.g., additional domains or services), updated commercial materials may be presented for acceptance, with corresponding price adjustments.

23. Standard Rates and Discounts: We reserve the right to occasionally revise the standard list prices for our services. Price discounts, promotions, offers, or special terms specified on a quote, order form, or similar document are applicable solely for the stated subscription period. We are not obligated to extend these benefits to subsequent subscription periods.

24. No Refunds or Credit: Unless explicitly mentioned otherwise in these terms, we do not offer refunds or credits upon termination of your subscription, whether initiated by you or us, in accordance with these terms.

25. Taxes for Your Use of Our Services: Our prices do not include taxes. You are responsible for covering any additional fees or taxes imposed externally in relation to your use of our services, such as value-added tax, sales tax, or similar charges where applicable.

26. Ensuring Timely Payments: To maintain access to the services included in your subscription, prompt payment based on your selected subscription price is required. Unless specified otherwise in your subscription order details or if you've arranged payment through a partner, subscription fees are due upfront. If an invoice has been issued, payment must be made within the specified timeframe. To prevent payment delays, ensure accurate payment information is provided to us or your partner (if applicable). Failure to make timely payments may result in suspension or termination of service access, as outlined in the Termination and Suspension section. Additionally, late payments may incur interest charges and you'll be responsible for associated collection costs and legal fees.

Management of Privacy and Data

We may acquire and manage personal data concerning your customers and authorized users, detailed further below.

27. Privacy Regulations: Both parties agree to adhere to all relevant data protection and privacy regulations (“applicable privacy laws”).

28. Data for Invitations: When you (or we on your behalf) send invitations to your customers to write a review on our platform about your services, locations, or products, we are offering you “review invitation services.” If providing these services necessitates that we collect or handle any personal data about those customers (“invitation data”) before they submit a review on our platform in response to the invitation, then these review invitation services will be rendered by Pineapple Connect LLC.

• You affirm that you possess all necessary rights, permissions, and consents under applicable privacy laws to share the invitation data with us.

29. Personal Data Management: We handle personal data collected from your authorized users or representatives (such as your employees) when creating and managing your business account, offering customer support, or when signing up for and using our services, in line with our privacy policy.

Security

Security is a top priority for us, and it should be for you too. We strive to secure your data, but your cooperation is essential in safeguarding our services and your information.

30. Your Role in Data Security: You play a crucial role by keeping your login details confidential, preventing others from using them, and ensuring robust security measures on your systems. If you detect any unauthorized use of your password or any security breach concerning your account or associated email, inform us immediately. Additionally, you agree not to use free-form fields in any of our systems or services to store personal data unless the field specifically requests such information, like a first name or last name.

Confidential Information

We take necessary measures to safeguard your confidential information and expect you to do the same for ours.

31. Safeguarding Confidentiality: During your use of our services, you might disclose confidential information to us, and you may become aware of our confidential information. Both parties agree to take reasonable steps to protect each other"s confidential information from unauthorized access by individuals, entities, or other third parties. Confidential information can be shared with legal, governmental, or regulatory authorities if required by law. We may also share your information confidentially with our affiliates, advisers, auditors, financiers, and any third parties conducting due diligence on our business. Information is not considered confidential if it was known to the recipient without obligation of confidentiality or if it is publicly available (unless made public through a breach of this confidentiality agreement).

Termination and Suspension

We outline the conditions under which your subscription or access to our services may be terminated or suspended.

Your termination rights:

If you have a subscription:

32. Ending Automatic Renewal: If you do not wish for your subscription to automatically renew, you must notify us via email at info@reviewscaribbean.com at least 30 days before the current subscription period ends if you purchased directly from us. Even after notifying us, you will retain access to the services for the remainder of the subscription period. You will still be liable for all subscription fees for the current period. After the subscription period ends, you can continue using the services in our free plan. Your use of the free services will still be governed by these terms.

33. Immediate Termination for Our Breach: You may immediately terminate your subscription if: we breach any of these terms materially and do not fix the breach within 14 days after being notified by you; we materially breach any terms that cannot be fixed; or our service becomes permanently unavailable, in which case you will receive a pro-rata refund for any prepaid amounts covering the period post-termination. Upon termination for our breach, you will lose access to the subscribed services but retain access to the free plan services. No refunds or credits will be issued for already paid amounts, but you will not owe any fees for the remaining part of the subscription period.

If you are on our free plan:

34. Deleting Account and Ceasing Use: These terms will end immediately if you delete your business account and stop using our services, except for the sections that survive termination (see the Survival section).

35. Continuing Obligations: Remember, these terms still apply to all actions taken before you terminated your subscription or deleted your account.

Our termination and suspension rights:

If you have a subscription:

36. Non-Renewal by Us: If we decide not to renew your subscription, we will notify you at least 30 days before the end of the current period. You will still have access to the services until the end of the subscription term and remain responsible for any unpaid fees for that period.

37. Immediate Termination: Reviews Caribbean may end your subscription or access to your business account immediately if: you breach any terms and don't fix it within 14 days of notice; you breach terms that cannot be fixed, like posting fake reviews or misusing our brand; we believe you've breached our guidelines; we believe you've acted abusively towards our staff, partners, users, or other customers; you fail to pay your subscription fees on time; your partner fails to pay for your subscription on time; you become insolvent or face similar financial issues; your use of our services threatens our platform's security; or we determine your business values conflict with ours. If you haven't paid, you still owe for the whole subscription period (unless terminated due to conflicting values). If already paid, you won't get a refund or credit, except when terminated for conflicting values, where a prorated refund will be given for the remaining period minus incurred fees and expenses.

38. Suspension of Services: We may suspend your access to our platform or services if: we believe you are breaching these terms; we think you have violated our guidelines, like continuing to misuse review reporting after a warning; you fail to pay your subscription fees on time; your partner fails to pay for your subscription on time; or we believe your use of our services poses a security risk. You will still be responsible for all subscription fees during the suspension period and will not receive any refund or credit.

If you are on our free plan:

39. Immediate Termination or Suspension: We can immediately terminate or suspend your access to your business account and/or any of our services at any time and for any reason.

40. Continuing Applicability of Terms: These terms will continue to apply to any actions taken before we terminated your subscription or access to your business account, regardless of whether you are on our free plan or have a subscription.

Liability and Indemnity

These sections are important as they outline responsibility and liability between us and you, so we urge you to read them closely and in full.

41. Disclaimer of Warranties: To the fullest extent permitted by law and except for any applicable implied condition, guarantee, or warranty that cannot be excluded without contravening any statute or making any part of these terms void (“Non-Excludable Condition”), our services and platform are provided to you on an “as is” basis. We and our affiliates disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We further disclaim to the fullest extent permitted by law all representations and warranties, express or implied, that our services and/or platform will be uninterrupted or error-free.

42. Limitation of Liability:

If you have a subscription:

Except for non-excludable conditions and liabilities that cannot be limited or excluded under applicable law, each party's liability (including each party's affiliates' liability) to one another concerning our services and/or these terms, whether in contract, tort (including negligence), or otherwise, is restricted as follows:

• Neither party nor its affiliates are liable to one another for any indirect, consequential, incidental, punitive, exemplary, or special loss, damage, or expense (including legal costs) arising from your use of our services and/or these terms, including but not limited to loss of revenue, profit, goodwill, customers, data, capital, anticipated savings, or damage to reputation.
• We and our affiliates are not liable for your conduct, any consumer's conduct, and/or any other third party's conduct on our platform or use of Reviews Caribbean services, including any user-generated content.
• Except for indemnity obligations outlined in the indemnities section below, each party's (and each party's affiliates') total aggregate liability to the other party in any circumstances is limited to the total amount paid for our services in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.

If you are on our free plan:

Other than for non-excludable conditions and liabilities that cannot be limited or excluded under applicable law, our and our affiliates' liability in connection with our services and/or these terms, whether in contract, tort (including negligence), or otherwise, is limited as follows:

• We and our affiliates have no liability arising from your use of our services and/or these terms for any loss of revenue or profit, loss of goodwill, loss of customers, loss or corruption of data, loss of capital, loss of anticipated savings, damage to reputation, loss in connection with any other contract, or any other indirect, consequential, incidental, punitive, exemplary, or special loss, damage, or expense (including legal costs).
• We and our affiliates are not responsible or liable for your conduct, any consumer's conduct, and/or any other third party's conduct on our platform or use of Reviews Caribbean services, including any user-generated content.
• Our and our affiliates' total aggregate liability to you in any circumstances is limited to the total amount you paid us for our services in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.

43. Indemnities:

You indemnify us: You agree to reimburse us and our affiliates for any losses, costs (including reasonable legal costs), expenses, demands, or other liabilities incurred arising from:

• your use of our services, including review invitations sent to your consumers, creation or procurement of fake reviews, provided content, or breaches of our guidelines, as well as any user-generated content associated with you on our platform; and
• any violation of applicable privacy laws by you, including breaches related to consumer invitations, or any actions or omissions leading to data breaches as defined in the General Data Protection Regulation (GDPR), potentially causing us to breach privacy laws.

We indemnify you: We undertake to cover you and your affiliates for any losses, costs (including reasonable legal costs), expenses, demands, or other liabilities resulting from third-party claims alleging infringement of intellectual property rights by our brand marks or services, excluding any content submitted by you or any other user-generated content.

These indemnification obligations are subject to the following conditions: (i) The indemnified party must promptly notify the indemnifying party in writing of any third-party claims or actions; (ii) The indemnifying party has the option to control the defense and/or settlement of such claims; (iii) The indemnified party shall cooperate with the indemnifying party as reasonably requested, with the indemnifying party bearing the costs; (iv) The indemnifying party cannot settle any claim or action on behalf of the indemnified party without providing all details of the settlement and obtaining the indemnified party's prior written consent.

Disputes

This section outlines how disputes may be resolved.

44. Resolving Disputes: Most concerns can be resolved quickly and satisfactorily by contacting us via reviewscaribbean.com/contact-us. If an issue cannot be resolved, both parties agree to bring claims only in the jurisdiction specified in the governing law section.

Additional Important Terms

Please take a look over these additional terms.

45. No professional advice: Reviews Caribbean does not offer professional advice, such as financial, tax, or legal advice. We may provide information that we believe could be useful, like template suggestions for review invitations or insights and analytics accessed through your business account. However, this information should not be regarded as advice, and we are not liable for its use or any conclusions drawn from it. It is your responsibility to ensure compliance with applicable laws when using our services.

46. Modifications to Terms: We may update these terms occasionally. We will attempt to notify you of significant changes in advance unless immediate changes are necessary due to factors beyond our control, such as legal requirements. For non-material changes, we may not provide notice. It is your responsibility to regularly review and understand the most current version of these terms, as they will apply to you immediately without additional acceptance or confirmation.

47. Modifications to Services: We may alter or discontinue certain services at our discretion. If significant changes to service functionality occur, you may contact us. At our discretion, we will either refund the prepaid portion of your subscription fee for the affected service or provide credit to be used for other services during the remaining subscription period.

48. Force Majeure: We strive to control what we can, but we and our affiliates are not liable for any failure or delay in fulfilling obligations under these terms due to events or circumstances beyond our reasonable control.

49. Notifications: To notify Reviews Caribbean, email info@reviewscaribbean.com. Unless stated otherwise, any notices from us to you will be sent to the email address provided through your business account or listed in your commercial materials.

50. Access and Payment Restrictions: Due to varying laws in different countries, we may block access, terminate subscriptions, or refuse payments if there"s a potential legal or regulatory risk associated with you, your business, your subscription, or a payment. This includes payments from sanctioned individuals or countries. You confirm that you are not in a sanctioned country and not on a sanctioned persons list. We may also stop users or businesses from countries where we cannot receive payments. Actions may be taken without notice.

51. Transfer of Rights and Obligations: We may assign, transfer, or subcontract our rights or obligations under these terms at our discretion. You may only assign, transfer, or subcontract your rights and obligations with our prior written consent. Any change in control of domains using our services will be treated as a transfer requiring our prior written consent.

52. Survival of Terms: Any section or part of a section intended to survive the expiration or termination of these terms will continue to apply to both parties, including Limitation of Liability and Indemnities sections.

53. Complete Agreement: These terms, along with any commercial materials regarding your current subscription, constitute the entire agreement between you and us, superseding any prior discussions or agreements (including any previous versions of these terms).

54. Language of Terms: While we may provide certain commercial materials in other languages, all communications and notices under these terms must be in English. Any translation of these terms is for convenience only, with the English version taking precedence. We are not liable for the accuracy of translated versions.

55. Enforceability of Terms: If any part of these terms is legally unenforceable, it will be disregarded, but the remainder of the terms will continue to be enforceable.

56. Interpretation of Terms: Terms like "include," "like," and "for example" are not limiting. Where discretion is mentioned, it refers to our sole discretion.

57. Governing Law: These terms and any disputes or claims related to them (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of the State of Wyoming, USA.

58. No Waiver: Our failure or delay in exercising any right, power, or remedy under these terms or by law does not constitute a waiver of that right, power, or remedy. Waiving any obligation or breach does not mean we waive any other obligation or subsequent breach.

59. Reviews Caribbean's Information Rights: You agree to provide information and access for Reviews Caribbean to audit your use of our services and your compliance with these terms and guidelines. For example, we may request details about your invitation process, such as how and when you send review invitations, direct consumers to your business profile page, the templates you use, and random anonymized examples of invitations. We will give reasonable prior notice of any audit. Audits will be at our expense and limited to once per calendar year.

60. Conflict Resolution: In case of conflict or inconsistency between these terms and the commercial materials, the commercial materials will take precedence regarding that specific conflict or inconsistency.