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Review Tornado Terms of Service Agreement

Last Updated: June 28, 2025

This Terms of Service Agreement (the “Agreement”) is a legal contract between you (“User” or “you”) and Your Right Website LLC, operating as Review Tornado (“Company,” “we,” “us,” or “our”), governing your use of the Review Tornado email review service (the “Service”) accessible via https://reviewtornado.com and https://app.reviewtornado.com. By clicking the “I Agree” checkbox and using the Service, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not check the “I Agree” checkbox and do not use the Service.

1. Acceptance of Terms

By checking the “I Agree” box and accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement, including any future updates. We may modify this Agreement at our discretion, and continued use of the Service after such changes constitutes acceptance of the updated terms.  It is Your responsibility to review the Agreement every time You access or use the Services, as terms of the Agreement may change at any time.

2. Purpose of the Service

The Service is designed solely to enable Users to send review request emails to their customers who have provided explicit consent (“Consent”) to receive such communications. Users may access certain features of the Service without an active subscription, but an active paid subscription is required to send emails through the Service.

3. User Responsibilities and Consent

3.1 Customer Consent: You represent and warrant that you have obtained explicit, verifiable consent from each customer whose email address you submit to the Service, in compliance with all applicable laws, including but not limited to the CAN-SPAM Act of 2003 and other email marketing regulations. You are solely responsible for ensuring such Consent is valid and documented.

3.2 Prohibited Activities: You agree not to use the Service to send unsolicited emails (spam), illegal content, or any communications that violate applicable laws or third-party rights. The Service may not be used for any purpose other than sending review request emails as described in Section 2.

3.3 Physical Mailing Address: You agree to provide a valid physical mailing address, which will be included and publicly visible in all emails sent through the Service, as required by the CAN-SPAM Act. You are responsible for ensuring the continued accuracy and validity of this address.

3.4 Account Responsibilities: You are responsible for maintaining the security of your account credentials, including usernames and passwords. You agree not to share your account or allow unauthorized access to the Service. If there are any concerns about unauthorized access to your account and/or the Service, You are responsible for notifying us and your customers so that we may take any necessary and protective actions associated with our Service. You are solely responsible for all activities conducted through your account, and for any damages and corrective actions to you and/or your customers associated with unauthorized access to You and/or Your customer’s account.

4. User-Uploaded Content

4.1 Ownership and Rights: You may upload logos, images, or other materials (“User Content”) to the Service for use as your logo or background image in connection with the Service. You represent and warrant that you own all rights, title, and interest in the User Content or have obtained all necessary permissions, licenses, or rights to use and upload such User Content.

4.2 License to Company: By uploading User Content to the Service, you grant Your Right Website LLC a non-exclusive, royalty-free, worldwide, limited license to use, reproduce, display, and distribute the User Content solely for the purpose of providing the Service to you. This license terminates when you remove the User Content from the Service or your account is terminated, except to the extent that the User Content has been incorporated into emails sent prior to such removal or termination.

4.3 Content Moderation: The Company reserves the right to review, monitor, reject, or remove any User Content that violates this Agreement, infringes third-party rights, is illegal, or does not align with the Service’s standards or branding, at our sole discretion.

5. Privacy Policy

Your use of the Service is also governed by our Privacy Policy, available at https://reviewtornado.com/privacy-policy, which describes how we collect, use, and protect Your data and that of Your customers. By using the Service, You agree to the terms of the Privacy Policy.

6. Service Availability and Disclaimers

The Service is provided on an “as is” and “as available” basis without warranties of any kind, express or implied. The Company does not guarantee that the Service will be uninterrupted, error-free, or free from viruses or other harmful components. We may perform maintenance or updates that temporarily affect Service availability, and we are not liable for any resulting disruptions.

7. Indemnification

You agree to indemnify, defend, and hold harmless Your Right Website LLC, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use of the Service;
  • Your violation of this Agreement;
  • Your failure to obtain proper Consent from customers for email communications;
  • Your transmission of spam or illegal content through the Service;
  • Your upload of User Content that infringes the intellectual property or other rights of any third party; or
  • Any actions or omissions by you that result in legal action against the Company.
8. Limitation of Liability

To the maximum extent permitted by law, the Company’s total liability to you for any claims arising out of or related to this Agreement or your use of the Service shall be limited to the amount you paid to the Company for the Service in the twelve (12) months preceding the claim. In no event shall the Company be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits or data, even if advised of the possibility of such damages.

9. Termination

9.1 Termination by Company: We reserve the right to suspend or terminate your access to the Service at our sole discretion, without notice or refund, if we determine that you have violated this Agreement, including but not limited to sending spam, illegal emails, uploading infringing User Content, or engaging in any prohibited activities under Section 3.2 or Section 4.3.

9.2 Effect of Termination: Upon termination, your right to use the Service will cease immediately, and you will remain liable for any actions taken prior to termination.

10. Subscription and Payment Terms

10.1 Active Subscription: To send emails through the Service, you must maintain an active paid subscription. If your subscription lapses or is not made current, your ability to send emails will be disabled until the subscription is renewed or payment is brought up to date.

10.2 Non-Subscribed Use: Certain features of the Service may be accessible without a subscription, but such access does not include the ability to send emails.

10.3 Payment Obligations: You agree to pay all applicable fees for your subscription as outlined at the time of purchase. Failure to make timely payments may result in suspension of your email-sending capabilities or termination of your account.

10.4 Email Sending Limits: We may impose limits on the number of emails you can send through the Service and may request that you upgrade to a higher subscription tier if you exceed these limits. For the “Standard Plan” subscription, as specified on our pricing page at https://reviewtornado.com/pricing, the email limit is an average of 25 emails per day, calculated over a 30-day period (750 emails total). If you exceed this limit, we may notify you and either throttle your account (e.g., reduce the speed or frequency of email sending) or require you to upgrade to a custom, higher-volume plan.

11. Force Majeure

The Company shall not be liable for any failure or delay in providing the Service due to circumstances beyond our reasonable control, including but not limited to natural disasters, acts of war, terrorism, cyberattacks, power outages, or failures of third-party providers.

12. Dispute Resolution

Before pursuing legal action, you agree to first attempt to resolve any dispute arising under this Agreement by contacting us at support@reviewtornado.com and engaging in good-faith negotiations for at least thirty (30) days. This does not limit your right to pursue legal remedies thereafter.

13. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles. Any disputes arising under or related to this Agreement shall be resolved exclusively in the state or federal courts located in Kane County, Illinois, and you consent to the personal jurisdiction and venue of such courts.

14. Severability

If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.

15. Assignment

You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. The Company may assign this Agreement, in whole or in part, at our discretion, including in connection with a merger, acquisition, or sale of assets.

16. Compliance with Laws

You agree to comply with all applicable local, state, federal, and international laws, including but not limited to those governing email communications (e.g., CAN-SPAM Act, including providing a valid physical mailing address), data protection, consumer privacy (e.g., GDPR if applicable), and intellectual property. The Company is not responsible for your failure to comply with such laws.

17. Entire Agreement

This Agreement, together with the Privacy Policy, constitutes the entire understanding between you and the Company regarding the Service and supersedes all prior agreements, whether written or oral.

18. Contact Information

For questions about this Agreement or the Service, please contact us at https://reviewtornado.com/support or support@reviewtornado.com.

By checking the “I Agree” box, you acknowledge that you have read and agree to be bound by this Agreement and the Privacy Policy.