Terms of Service

By accessing or using the Consumer Fusion platform, website, or related services (collectively, "Services"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

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

Consumer Fusion provides AI-powered reputation management, listings management, review generation, social media management, and related services for multi-location businesses and enterprise brands. The specific features and functionality available to you depend on the subscription plan agreed upon in your order form or master service agreement.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with reasonable notice where practicable.

Consumer Fusion provides SMS messaging services that allow businesses using the Consumer Fusion platform to send messages to their customers. These messages may include post-transaction customer experience and review requests sent following a transaction, service, appointment, or other customer interaction and may invite customers to provide feedback or review their experience.

Message frequency varies. Message and data rates may apply.

You may opt out of receiving SMS messages at any time by replying STOP to any message. After you send STOP, you will receive confirmation that you have been unsubscribed and will no longer receive messages through the program unless you subsequently opt in again.

For assistance, reply HELP to any message or contact Consumer Fusion at support@consumerfusion.com OR (800) 381-9987.

Carriers are not liable for delayed or undelivered messages.

For information about how personal information is collected, used, and protected, please review our Privacy Policy.

To access certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep that information up to date.

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You agree to notify us immediately at support@consumerfusion.com of any unauthorized use of your account.

Fees for the Services are set forth in your applicable order form or master service agreement. Unless otherwise stated, all fees are in U.S. dollars and are non-refundable except as expressly set forth in your agreement.

We may update pricing with reasonable prior notice. Continued use of the Services after a price change takes effect constitutes acceptance of the new pricing.

You are responsible for all taxes, levies, or duties imposed by taxing authorities in connection with your purchase, excluding taxes on our net income.

You agree not to use the Services to:

• Violate any applicable law or regulation
• Infringe the intellectual property rights of any third party
• Transmit any unsolicited or unauthorized advertising or promotional material
• Upload or distribute malware, viruses, or other malicious code
• Attempt to gain unauthorized access to any part of the Services or related systems
• Interfere with or disrupt the integrity or performance of the Services
• Harass, abuse, or harm any person
• Fabricate reviews, ratings, or other public content in a manner that violates applicable platform policies or law
• Reverse engineer, decompile, or disassemble any portion of the Services

We reserve the right to suspend or terminate accounts that violate these restrictions.

The Services and all content, features, and functionality thereof, including but not limited to software, text, graphics, logos, and data compilations, are owned by Consumer Fusion or its licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Services without our prior written consent.

You retain ownership of any data or content you submit to the Services ("Customer Data"). By submitting Customer Data, you grant Consumer Fusion a limited, non-exclusive, royalty-free license to use, store, and process that data solely to provide and improve the Services.

Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. This obligation does not apply to information that is publicly known, independently developed, or required to be disclosed by law.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Consumer Fusion does not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components. We do not guarantee specific outcomes from use of the Services, including specific review ratings, search rankings, or removal of any particular review.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONSUMER FUSION AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICES.

IN NO EVENT SHALL CONSUMER FUSION'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO CONSUMER FUSION IN THE TWELVE MONTHS PRECEDING THE CLAIM.

You agree to indemnify, defend, and hold harmless Consumer Fusion and its affiliates, 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 your access to or use of the Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

These Terms remain in effect until terminated. Your subscription term and termination rights are governed by your applicable order form or master service agreement.

We may suspend or terminate your access to the Services immediately if you breach these Terms. Upon termination, all licenses granted to you will cease. Sections that by their nature should survive termination will do so, including Sections 6, 7, 8, 9, 10, and 12.

These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in San Diego County, California.

We may revise these Terms from time to time. We will notify you of material changes by posting an updated version with a new effective date. Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms.

For questions about these Terms, please contact:

• Email: legal@consumerfusion.com
• Mail: Consumer Fusion, Inc., Attn: Legal, San Diego, CA