Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and KudosStream ("KudosStream," "we," "us," or "our") governing your access to and use of the KudosStream platform, website, and related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy (www.kudosstream.com/privacy-policy), which is incorporated herein by reference. If you are using the Service on behalf of a business or organization, you represent and warrant that you have authority to bind that entity to these Terms.

If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility

You must be at least 18 years of age to use the Service. By using KudosStream, you represent and warrant that you meet this requirement and that all information you provide to us is accurate and complete.

The Service is intended for business use. You agree to use the Service solely in connection with a legitimate business and not for personal, household, or consumer purposes.

3. Account Registration and Security

To access the Service, you must create an account by providing a valid email address and password. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You agree to:

• Provide accurate and complete registration information
• Keep your password secure and not share it with third parties
• Notify us immediately at support@kudosstream.com if you suspect unauthorized access to your account
• Not create multiple accounts to circumvent plan limits or restrictions

We reserve the right to suspend or terminate accounts that we believe have been compromised or are being used in violation of these Terms.

4. Subscription Plans and Billing

4.1 Plans

KudosStream offers Starter, Professional, and Enterprise subscription plans as described on our Pricing page. Plan features and limits are subject to change with reasonable notice to subscribers.

4.2 Free Trial

New accounts are eligible for a 14-day free trial. No credit card is required to start a trial. At the end of the trial period, you must enter payment information to continue using the Service. We reserve the right to modify or discontinue the free trial offer at any time.

4.3 Billing

Paid subscriptions are billed monthly in advance in U.S. dollars. Fees are processed by Stripe, Inc. ("Stripe"). When you subscribe, update your payment method, or manage billing through Stripe Checkout or the Stripe Customer Portal (linked from your account), you authorize KudosStream and Stripe to charge your payment method for all subscription fees and other amounts due under your plan.

Payment card and related billing information are collected and stored by Stripe and handled under Stripe's terms and policies; we do not receive or store your full payment card numbers on our systems. All fees are non-refundable except as expressly stated in these Terms.

4.4 Price Changes

We may change subscription prices with at least 30 days' advance notice. Price changes will take effect at your next billing cycle after the notice period. Your continued use of the Service after the price change takes effect constitutes acceptance of the new pricing.

4.5 Cancellation

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period. You will retain access to the Service until that date. We do not provide prorated refunds for partial billing periods.

4.6 Failed Payments

If a payment fails, we will notify you by email and attempt to retry the charge. If payment is not resolved within 7 days, your account may be suspended until payment is made current.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not use the Service to:

• Send unsolicited commercial email (spam) or review requests to individuals who have not consented to receive them
• Harvest, scrape, or collect email addresses or other data from third-party sources without authorization
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Send review requests to individuals on behalf of businesses other than your own without explicit authorization
• Manipulate, fabricate, or incentivize reviews in a manner that violates Google's, Facebook's, or any other platform's review policies
• Transmit any content that is unlawful, defamatory, obscene, threatening, or invasive of another's privacy
• Attempt to gain unauthorized access to any part of the Service or its infrastructure
• Use automated means (bots, scrapers, crawlers) to access the Service without our written permission
• Resell, sublicense, or otherwise commercialize access to the Service without our written consent

6. Enforcement and Account Suspension

We take violations of these Terms seriously. If we determine or reasonably suspect that your account is being used in violation of these Terms or applicable law, we will take the following steps:

• Suspension pending review: your account will be temporarily suspended while we investigate the suspected violation. We will notify you by email at the address on file as soon as practicable.
• Investigation: we will review the activity and, where appropriate, give you an opportunity to explain or correct the behavior.
• Resolution: depending on the outcome of the review, we may reinstate your account, impose conditions on continued use, or permanently terminate your account.

In cases of severe violations — including illegal activity, fraud, or conduct that poses an immediate risk to other users or third parties — we reserve the right to terminate an account immediately without prior notice.

We are not liable for any losses you incur as a result of a suspension or termination carried out in good faith under this section.

7. Third-Party Platform Integrations

The Service allows you to connect your Google Business Profile and Facebook Page. Your use of these integrations is subject to the terms of service and policies of Google and Meta (Facebook), respectively. You are responsible for maintaining compliance with those third-party terms.

KudosStream is not affiliated with, endorsed by, or a partner of Google or Meta. We do not guarantee the continued availability of any third-party integration. If a third-party platform modifies or revokes API access, we may need to suspend or modify the affected features of our Service without liability to you.

You represent and warrant that you have the authority to connect any Google Business Profile or Facebook Page to the Service, and that doing so complies with all applicable third-party terms.

8. Your Data and Customer Data

8.1 Your Content

You retain ownership of all data you upload, submit, or create through the Service, including customer contact lists, email templates, and business information (collectively, "Your Content"). By using the Service, you grant KudosStream a limited, non-exclusive license to use Your Content solely as necessary to provide the Service to you.

8.2 Customer Contact Data

You are solely responsible for ensuring that you have obtained all necessary consents and permissions to send review request emails to the individuals in your contact lists. You represent and warrant that your use of the email sending features complies with all applicable laws, including the CAN-SPAM Act and any applicable state or international email marketing laws.

8.3 Data Portability

Upon request or upon cancellation of your account, we will provide you with an export of Your Content in a standard machine-readable format within 30 days.

9. Intellectual Property

The Service and all content, features, and functionality — including but not limited to software, text, graphics, logos, and the KudosStream name and marks — are owned by KudosStream and protected by applicable intellectual property laws.

These Terms do not transfer any intellectual property rights to you. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes during your subscription term.

You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer or attempt to extract the source code of any software component of the Service.

10. Service Availability

10.1 General Availability

KudosStream targets high availability for all paid plans but does not guarantee any specific uptime level for Starter or Professional subscribers. We will make reasonable efforts to maintain service availability and notify users of planned maintenance in advance.

10.2 Enterprise SLA

Enterprise plan subscribers are entitled to an uptime Service Level Agreement (SLA) as specified in their Enterprise agreement or order form. In the event of an SLA breach, Enterprise subscribers may be eligible for service credits as defined in that agreement. No SLA credits are available to Starter or Professional subscribers.

10.3 Maintenance

We may perform scheduled or emergency maintenance that temporarily affects the availability of the Service. We will endeavor to provide advance notice of scheduled maintenance and to schedule it during off-peak hours.

11. Disclaimers

THE SERVICE IS 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, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) ANY REVIEW DATA SYNCED FROM THIRD-PARTY PLATFORMS WILL BE COMPLETE, ACCURATE, OR UP TO DATE; (C) THE SERVICE WILL MEET YOUR SPECIFIC BUSINESS REQUIREMENTS.

Your use of the Service is at your sole risk.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KUDOSSTREAM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

IN NO EVENT SHALL KUDOSSTREAM'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO KUDOSSTREAM IN THE THREE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless KudosStream and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights or privacy rights; or (d) Your Content or the emails you send through the Service.

14. Termination

Either party may terminate these Terms at any time. You may terminate by canceling your account as described in Section 4.5. We may terminate your access to the Service at any time, with or without cause, with notice where practicable.

Upon termination: (a) your right to access the Service ceases immediately; (b) we will retain your data for 90 days during which you may request an export; (c) all provisions of these Terms that by their nature should survive termination — including ownership, disclaimers, indemnity, and limitations of liability — will survive.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law principles. Any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the state or federal courts located in Collin County, Texas, and you consent to the personal jurisdiction of those courts.

Before initiating any formal legal proceeding, you agree to contact us at legal@kudosstream.com to attempt to resolve the dispute informally. We will make good-faith efforts to resolve disputes within 30 days of receiving written notice.

16. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email or by posting a prominent notice on the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance.

If you do not agree to the revised Terms, you must stop using the Service and cancel your subscription before the effective date.

17. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and any applicable order forms, constitute the entire agreement between you and KudosStream regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.
• Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations freely.
• Force Majeure: We are not liable for any delay or failure to perform resulting from causes outside our reasonable control, including internet outages, acts of God, or third-party service failures.
• No Agency: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and KudosStream.

18. Contact Us

If you have questions about these Terms, please contact us:

KudosStream
Email: legal@kudosstream.com
Website: www.kudosstream.com