Client Portal - Terms & Conditions

TERMS OF SERVICE

GladGrade Holding Corporation

Effective Date: Jan 01, 2025
Last Updated: Aug 20 2025

1. ACCEPTANCE OF TERMS

By accessing or using any services provided by GladGrade Holding Corporation ("GladGrade," "we," "us," or "our"), you ("Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms"). 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 such entity to these Terms.

Company Information:

2. DESCRIPTION OF SERVICES

GladGrade provides software-as-a-service (SaaS) solutions for customer satisfaction analytics, review management, and business intelligence. Our services include but are not limited to:

  • Consulting Services: Business consultation, custom reports, data analytics

  • Dashboard & Analytics: Business metrics and customer feedback overview tools

  • Integration Services: API access and third-party system integrations

  • Marketing & Advertising: Social media integration, sponsored listings, advertising campaigns

  • Premium Features: Custom dashboards, branded surveys, competitor analysis

  • QR Code Services: QR code generation and management tools

2.1 Service Categories and Tiers

Services are offered in different tiers (Tier 1, Tier 2, Tier 3) and categories (Standard, Premium, Enterprise, Add-on) with varying features, pricing, and service levels as detailed in our current service catalog.

2.2 Free Services

Certain services may be offered at no charge ("Freemium Services"). These free services are provided "as-is" and may have limited features, support, or availability compared to paid services.

3. ACCOUNT REGISTRATION AND ELIGIBILITY

3.1 Account Creation

To use our services, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

3.2 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts. If you are using our services on behalf of a business, you represent that you are authorized to bind that business to these Terms.

3.3 Account Verification

We may require verification of your business information before activating certain services. Verification typically occurs within 24-72 hours of account creation.

4. PAYMENT TERMS AND BILLING

4.1 Payment Required Before Service

All services require payment in full before activation. This applies to setup fees, monthly recurring charges, and one-time payments.

4.2 Billing Cycles

  • On-Demand Services: Payment processed within 24 hours of service request

  • Monthly Services: Billed monthly in advance

  • Annual Services: Billed annually in advance

  • Setup Fees: One-time charges due before service activation

4.3 Payment Methods

We accept major credit cards, debit cards, and other payment methods as available through our payment processors. All payments are processed in U.S. Dollars.

4.4 Automatic Renewal

Recurring services automatically renew at the end of each billing period unless cancelled before the renewal date. You authorize us to charge your payment method for renewal fees.

4.5 Price Changes

We may modify our pricing with thirty (30) days' written notice. Price changes will take effect at your next billing cycle. Continued use of services after notice constitutes acceptance of new pricing.

4.6 Taxes

You are responsible for all applicable taxes, duties, and governmental charges related to your use of our services.

5. CANCELLATION AND REFUNDS

5.1 Cancellation Policy

You may cancel your services at any time by contacting customer support. Cancellation takes effect immediately upon processing.

5.2 Refund Policy

  • Pro-rated Refunds: Available for prepaid services, calculated from cancellation date

  • Cancellation Fees: May apply as specified in your service agreement and vary by service type

  • Refund Timeline: Refunds processed within 5-10 business days after cancellation fees (if applicable)

  • Refund Eligibility: Refunds must be requested within the current service period

5.3 No Refunds for Setup Fees

Setup fees and one-time charges are non-refundable once services have been activated.

6. DATA OWNERSHIP AND PRIVACY

6.1 Data Ownership

GladGrade owns all data, reviews, analytics, and information generated through or collected by our platform. This includes but is not limited to customer feedback, business analytics, review data, and platform usage information.

6.2 Data Retention and Deletion

  • Active Accounts: Data retained for operational and analytical purposes

  • Cancelled Accounts: Data retained for up to seven (7) days after cancellation, then permanently deleted

  • User Deletion Requests: We will comply with end-user requests to delete their reviews or account data

6.3 Privacy Compliance

We are committed to protecting personal information in accordance with applicable privacy laws, including GDPR, CCPA, and other relevant regulations.

7. ACCEPTABLE USE POLICY

7.1 Prohibited Activities

You agree not to:

  • Generate, post, or facilitate fake reviews or fraudulent feedback

  • Use our services for spam, harassment, or unsolicited communications

  • Attempt to circumvent security measures or gain unauthorized access

  • Use services for illegal activities or to violate third-party rights

  • Engage in activities that could damage, disable, or impair our services

  • Reverse engineer, decompile, or attempt to extract source code

7.2 Content Standards

All content submitted through our platform must:

  • Be accurate and truthful

  • Comply with applicable laws and regulations

  • Respect intellectual property rights

  • Not contain malicious code or harmful materials

7.3 Enforcement

Violations of this policy may result in immediate account suspension or termination without prior notice and without refund.

8. SERVICE LEVEL AND AVAILABILITY

8.1 Service Level Commitment

We strive to maintain 99% uptime for our services. Our availability may be affected by:

  • Scheduled maintenance (with advance notice when possible)

  • Third-party service provider outages (including Google Cloud services)

  • Force majeure events beyond our reasonable control

8.2 Service Credits

If our platform experiences downtime that causes our uptime to fall below our Service Level Agreement (SLA), we will provide pro-rated service credits for the affected period.

8.3 Third-Party Dependencies

Our services may depend on third-party providers. We are not responsible for outages or issues caused by third-party service failures, but we will make reasonable efforts to restore service.

9. INTELLECTUAL PROPERTY

9.1 GladGrade IP

All intellectual property rights in our services, including software, algorithms, trademarks, and proprietary methodologies, remain our exclusive property.

9.2 Customer Content

You retain ownership of content you provide to us, but grant us a license to use such content to provide our services.

9.3 DMCA Compliance

We comply with the Digital Millennium Copyright Act and will respond to valid takedown notices.

10. ACCOUNT SUSPENSION AND TERMINATION

10.1 Termination by Customer

You may terminate your account at any time by following our cancellation procedures.

10.2 Termination by GladGrade

We may suspend or terminate your account immediately without notice for:

  • Violation of these Terms or our Acceptable Use Policy

  • Fraudulent activity or excessive chargebacks

  • System abuse or security breaches

  • Harassment of users or staff

  • Illegal activities

  • Non-payment for ongoing services

  • Violation of intellectual property rights

10.3 Effect of Termination

Upon termination, your access to services will cease immediately, and data will be deleted according to our data retention policy.

11. INTEGRATION AND API SERVICES

11.1 API Usage

API services are subject to fair use principles. We may implement rate limits or usage restrictions as needed to maintain service quality.

11.2 Integration Responsibilities

  • GladGrade Responsibilities: Maintaining APIs, documentation, platform uptime

  • Customer Responsibilities: Proper implementation, maintaining credentials, securing your systems

  • Third-Party Integration Failures: Not GladGrade's responsibility, though we will make reasonable efforts to restore connectivity

11.3 API Changes

We may modify or discontinue API features with reasonable notice to allow for necessary adjustments.

12. WARRANTIES AND DISCLAIMERS

12.1 Limited Warranty

We warrant that our services will perform substantially in accordance with our documentation under normal use.

12.2 Disclaimer

EXCEPT AS EXPRESSLY SET FORTH HEREIN, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GLADGRADE'S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO GLADGRADE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, OR USE.

14. INDEMNIFICATION

You agree to indemnify and hold harmless GladGrade from any claims, damages, or expenses arising out of your use of our services, violation of these Terms, or infringement of third-party rights.

15. COMPLIANCE AND REGULATORY

15.1 Payment Card Industry Compliance

We maintain PCI-DSS compliance for all payment processing activities.

15.2 Privacy Regulations

We comply with applicable privacy regulations including GDPR, CCPA, and other relevant data protection laws.

15.3 Email Communications

All email communications comply with CAN-SPAM Act requirements.

16. DISPUTE RESOLUTION

16.1 Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.

16.2 Binding Arbitration

Any disputes arising out of or relating to these Terms or our services shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in Miami, Florida.

16.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as part of a class action or collective proceeding.

17. FORCE MAJEURE

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, terrorism, government actions, or third-party service failures.

18. GENERAL PROVISIONS

18.1 Entire Agreement

These Terms constitute the entire agreement between you and GladGrade regarding our services.

18.2 Modifications

We may modify these Terms at any time by posting updated terms on our website. Continued use of our services after such modifications constitutes acceptance.

18.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

18.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

18.5 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

19. CONTACT INFORMATION

For questions about these Terms or our services, please contact:

GladGrade Holding Corporation
8306 Mills Dr. Suite 405
Miami, FL 33183
Email: customer.support@gladgrade.com

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.