Terms of Service

Your Account

• You must be a human. Accounts registered by "bots" or other automated methods are not permitted. Accounts that are determined to be bots will be deleted.
• You must be 13 years of age or older.
• You must provide a valid email address, along with any other information required by Kudoz during the registration process.
• You are responsible for maintaining the security of your account and password. Kudoz will not be liable for any loss or damage from your failure to comply with this security obligation. Personally identifiable information submitted by you shall be subject to our Privacy Policy.
• You may not use the Kudoz Site for any illegal or unauthorized purpose. You must not, in the use of the Kudoz Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
• During sign up, you will be asked to accept Kudoz's Terms of Service and Privacy Policy, twice. When you check off that you have read and agreed to the Terms of Service and the Privacy Policy, and click submit, your IP Address is recorded as your signature.

1. Our Service

Kudoz is an online application that lets customers send review and survey requests for Google, Facebook, or any website.

1.1 Eligibility

This is a contract between you and Kudoz. You must read and agree to these terms before using the Kudoz Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Kudoz, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Kudoz.

Kudoz reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. Kudoz may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Kudoz has no obligation to prescreen or monitor your access to or use of the Kudoz site or any information, materials or other content provided or made available through the Kudoz Site, but has the right to do so. You hereby agree that Kudoz may, in the exercise of Kudoz sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.

1.2 Forbidden SMS/MMS Message Categories

Kudoz follows all US and Canadian network carrier policies and regulations.

SMS messaging is therefore not permitted for certain categories.

During the sign-up process, Kudoz is not responsible for notifying you if your category is not allowed. In case your category is not allowed, Kudoz reserves the right to disable SMS messaging on your account and will contact you regarding alternative options, such as email-only review requests.To see the full list of forbidden SMS message categories, click here.

1.3 Limited License

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Kudoz reserves all rights not expressly granted herein in the Service and the Kudoz Content (as defined below). Kudoz may terminate this license at any time for any reason or no reason.

1.4 User Accounts

Your account on the Service (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of User Accounts for different types of Users. If you open a User Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Kudoz with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You must notify Kudoz immediately of any breach of security or unauthorized use of your User Account. Kudoz will not be liable for any losses caused by any unauthorized use of your User Account.

You may control your User profile and how you interact with the Service by changing the settings in your settings page. By providing Kudoz your email address you consent to us using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

1.5 Changes to the Service

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

1.6 Free Trial & Subscriptions

The Free Trial period will last for 14 days from the moment you activate it by submitting your payment information. By submitting your payment details, you consent to us using your payment details in accordance with our Privacy Policy and acknowledge and agree to our Terms and Conditions of Use. In the event that you decide not to become a Kudoz paying customer after the Free Trial Period, you must terminate your service by the end of the Free Trial Period. When your trial period ends, you will be charged for the month or year, depending on your choice. If you do not cancel your subscription 24 hours before its renewal date, your subscription will automatically renew. This Free Trial Offer may only be used once. At any time and without prior notice, Kudoz reserves the right to withdraw or modify this Free Trial Offer and/or the 14 Days Free Trial Terms and Conditions.

A misuse of the Free Trial will result in the forfeiture of the free trial and cancellation of the subscription. If you cancel your free trial, your trial will end immediately.

2. Payments, Refunds, Upgrading and Downgrading

Payments

All accounts require a valid credit card. Kudoz service fees are billed in advance according to our pricing schedule, and all monthly and annual payments are non-refundable.

Refunds

No refunds or credits will be issued for partial service periods, upgrade/downgrade refunds, or refunds for unused service periods. All fees are exclusive of any taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for paying any such taxes, levies, or duties. By using the Kudoz Site and making payments herein, you agree to pay any taxes that might apply to your use of the site.

Upgrading and downgrading

You will receive a prorated credit on your account if you downgrade your subscription. Your credit will be applied to your new subscription and is non-refundable.

2.1 Cancellation

7 days before your 14-day free trial ends, Kudoz will email you a reminder that your trial will end soon. You are solely responsible for properly canceling your Account. To do so, the account owner may send an email to luke@trykudoz.com with "Account Cancellation" in the subject line, or by going to your Account Settings, and clicking "Cancel my subscription" at the bottom of the page. Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Kudoz once your account is canceled. Please be aware that Kudoz may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us. Cancellations will take effect at the end of your current service period. Upon the commencement of a new service period, the Kudoz Site will terminate without additional notice, and you will not be charged for any subsequent service periods. You will not be provided any refunds for unused time on your service period.

It is your responsibility to cancel your subscription before it renews. If you do not cancel on time, your subscription will renew. Refunds will not be issued for accounts that have not been cancelled before the renewal date.

3. Our Proprietary Rights

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Kudoz Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Kudoz and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Kudoz Content. Use of the Kudoz Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Kudoz under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Kudoz does not waive any rights to use similar or related ideas previously known to Kudoz, or developed by its employees, or obtained from sources other than you.

4. Privacy

We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate and/or anonymized data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States.

5. Use of SMS and Email based marketing

By using Kudoz, you agree that the contact information you have collected were people that you know personally, have done business with, or have consent to send said people SMS or Email communication. The user shall not use Kudoz to send unsolicited SMS or Emails to people. Kudoz is not responsible for any messages or contents that are replied to your SMS requests. Kudoz does not save customer's replies to your SMS or Emails and they are handled by a third party application that is not affiliated with Kudoz. Kudoz does not guarantee delivery of SMS messages. In certain cases, the message of the SMS may be filtered by the recipient's carrier, or may not be delivered for unknown reasons, or due to an unknown number or landline number. Furthermore, Kudoz is not liable for any messages that are replied to the review request SMS by the recipient. Kudoz works with network carriers to assign a dedicated number for all active subscriptions. By using Kudoz, you agree to and understand that when your subscription becomes active, you are required to submit business information, and an SMS opt-in form/example, showing how your customers give consent to receive SMS messages from your business. Learn more.

5.1 Use of custom links

Custom links should be used for websites where you receive reviews. Links that include spam or adult content are prohibited. In the event Kudoz is notified of an inappropriate link, Kudoz has the right to suspend or cancel the subscription of that customer without notice.

6. Security

Kudoz uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

7. Indemnity

You agree to defend, indemnify and hold harmless Kudoz and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

8. No Warranty

The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Kudoz or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Kudoz, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.

Further, Kudoz does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Kudoz will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Kudoz, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will Kudoz be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.

To the maximum extent permitted by applicable law, Kudoz assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Kudoz, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Kudoz hereunder or $100.00, whichever is greater.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Kudoz has been advised of the possibility of such damage.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.

10. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

10**.1 Governing Law**

You agree that: (i) the Service shall be deemed solely based in Florida; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Florida. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Miami, Florida for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Miami, Florida is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

10.2 Arbitration

****Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Kudoz. For any dispute with Kudoz, you agree to first contact us at luke@trykudoz.com and attempt to resolve the dispute with us informally. In the unlikely event that Kudoz has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Miami, Florida, unless you and Kudoz agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Kudoz from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

10.3 Class Action/Jury Trial Waiver

With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s Claims. You agree that, by entering into this Agreement, you and Kudoz are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

11. General

11.1 Assignment

****This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kudoz without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

11.2 Notification Procedures and Changes to the Agreement

Kudoz may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Kudoz in our sole discretion. Kudoz reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Kudoz is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Kudoz may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.

11.3 Entire Agreement/Severability

This Agreement, together with any amendments and any additional agreements you may enter into with Kudoz in connection with the Service, shall constitute the entire agreement between you and Kudoz concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

11.4 No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Kudoz's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

11.5 Contact

Please contact us at luke@trykudoz.com  with any questions regarding this Agreement.

For Kudoz Affiliate Program Terms of Service refer to this link.