Terms of Service

1Parties and definitions

These Terms are a contract between JMatsu Holdings LLC, a Utah limited liability company, doing business as Buzzmax ("Buzzmax", "we", "us"), of 1018 N 985 W, Orem, Utah 84057, and the business entity that accepts them ("Client", "you").

• End Customer means a customer of the Client whose contact details the Client provides to Buzzmax.
• Platform means Google, Yelp, the Better Business Bureau, Facebook, Trustpilot, ConsumerAffairs, or any other review or listing service.
• Services means the services described in section 3 and identified on your order form.
• Client Data means data the Client supplies or that Buzzmax collects on the Client's behalf, including End Customer contact details, job records and feedback.

2Acceptance and authority

By accepting these Terms, signing an order form or using the Services, the individual doing so warrants that they are an authorized representative of the Client and have authority to bind it. Where the Services involve a Google Business Profile, that individual further warrants that the Client owns or is authorized to manage the profile in question.

3The services

Buzzmax provides some or all of the following, as identified on your order form.

• Review requests. We send review request text messages to End Customers the Client uploads, in messages that name the Client's business, on the terms in sections 4, 5 and 25. These send from a number Buzzmax operates until the Client is fully signed up and its own number's carrier registration is approved, after which they send from a number registered to the Client instead (section 25).
• Review monitoring. We collect the reviews the Client receives on Google, Yelp, the Better Business Bureau and ConsumerAffairs, check every day for new Google reviews of three stars or below, and flag them to Buzzmax's team, or to the Client if it has chosen to receive them.
• Review replies. We draft and publish replies to the Client's eligible 4 and 5 star Google reviews in the Client's voice as the business owner, on the terms in section 14.
• Business profile posts. We write and publish posts to the Client's Google Business Profile, on the terms in sections 11 to 14.
• Messaging (Enterprise only). Lets the Client reply to an End Customer who has texted it, from a number registered to the Client rather than a number Buzzmax operates. It is a reply capability, not a broadcast one, and it cannot send until that number's own carrier registration is approved, which is typically 10 to 15 business days from when the Client's details are submitted, on the terms in section 25.

Buzzmax sends review requests and publishes content. It does not operate, control or influence any Platform, and it has no special relationship with any Platform.

4How we ask for reviews

We do not filter, delay, suppress or re-target review requests based on how satisfied a customer appears to be, and we will not configure the Services to do so at a Client's request. We do not screen End Customers for sentiment before inviting them. Buzzmax will not implement, and the Client will not ask Buzzmax to implement, any workflow that has the effect of directing the public review link only to customers likely to leave a favourable review.

This section exists because selective solicitation is deceptive under section 5 of the FTC Act, as applied through 16 CFR 255.2(d) and the example at 16 CFR 255.2(e)(11), and because it breaches Google's review content policy and Trustpilot's guidelines for businesses. It cannot be varied by an order form, a support ticket or any other instruction.

5The private feedback channel

Where the Services include a rating screen and the Client has connected at least one review platform, every End Customer who reaches it is offered the public review link, whatever rating they select. A private feedback channel back to the Client may be offered in addition to the public review link. It is never offered instead of it, and it is never offered only to some recipients.

An End Customer who selects a low rating is shown the option to send feedback privately to the Client and the option to post publicly, one directly under the other and at the same size, and chooses for themselves. Buzzmax does not block, delay or discourage a public post.

6Yelp and Trustpilot

Review request messages contain no Yelp review link. Yelp's terms prohibit businesses from asking customers for reviews, and separately prohibit asking after requesting feedback elsewhere. Yelp remains covered for monitoring.

The review page a review request links to may show a link to the Client's Trustpilot profile.

7No incentives

Neither party will provide, offer or arrange anything of value in exchange for a review being written, revised, withheld or removed, whether or not conditioned on the content of the review. Review request messages carry no coupon, discount, promotion or upsell. This is required by 16 CFR 465.4 and by the published policies of every Platform we cover.

8Conflict of interest

No Buzzmax officer, employee or contractor, and no immediate relative of one, will write, post, edit or vote on a review of any Client, or of any Client's competitor. Buzzmax will not create, purchase or procure reviews from any source.

9Your warranties

The Client warrants that the facts it supplies about any review, reviewer or underlying transaction are true and complete to the best of its knowledge, including whether the reviewer was ever a customer. Buzzmax relies on those facts.

10No non-disparagement, in either direction

Nothing in this agreement restricts or penalizes the Client for reviewing, rating or commenting on Buzzmax, and Buzzmax claims no intellectual property in any such review. Any use of a Client testimonial is under a revocable, non-exclusive licence granted separately.

Buzzmax will not draft, supply or recommend any clause for the Client's own customer contracts that would restrict a customer's ability to review the Client. Both directions of this section reflect 15 U.S.C. 45b, the Consumer Review Fairness Act.

11Google Business Profile authorization

Where the Services include posts or review replies on the Client's Google Business Profile, the Client grants Buzzmax explicit written authorization to manage its Google Business Profile and to publish posts and review replies in the Client's name. Acceptance of these Terms constitutes that written authorization. Google does not accept verbal consent for this.

The Client is and remains the owner of the profile. Buzzmax acts as a manager only, through its own Google account. Neither party will share account passwords with the other. Buzzmax will inform the Client of material changes it makes to the profile.

12Google Business Profile is free

13Disassociation within seven business days

On the Client's written request, Buzzmax will remove its Google account's access to the Client's Business Profile within seven business days. This right survives termination and applies regardless of any outstanding invoice or fee dispute. Buzzmax will never withhold, lock or restrict access to a Client's profile as leverage in a payment dispute.

14Content we write for you

Replies and posts Buzzmax drafts are published in the Client's voice, as the business owner speaking. Buzzmax will not author content published in the voice of an End Customer or of any other consumer, and will not present its own content as an independent review.

The Client may review, edit or veto any draft before publication, and may require pre-approval of all content by written notice. The Client is responsible for the accuracy of factual claims it asks Buzzmax to publish.

15No ranking or revenue guarantee

Any visibility or ranking figure we report is a point-in-time sample collected by the method stated with it, not a guarantee, a projection or an audited measurement. Where we report on AI assistant outputs, those outputs are probabilistic and are not reproducible on demand.

16Competitor data

Any comparison to a competitor is Buzzmax's own measurement, taken by Buzzmax's own method at a stated time. It is not an independent audit, not a certification, and not endorsed by the competitor or by any Platform.

17How we collect visibility data

Where the Services include visibility or ranking data, Buzzmax collects it by automated queries against public search and Platform results. Some Platforms' terms of service restrict automated access. The Client acknowledges this, and acknowledges that Buzzmax collects such data using its own accounts and infrastructure, not the Client's, and not as the Client's agent.

Any risk arising from a Platform's response to that collection sits with Buzzmax and not with the Client, and Buzzmax will not name the Client in, or route through the Client's accounts, any automated collection.

18Your obligations

• The Client warrants that it holds the consents described in section 25 for every End Customer whose contact details it provides.
• The Client will not instruct Buzzmax to do anything prohibited by sections 4 to 8, 10 or 14, and acknowledges that Buzzmax will refuse such an instruction.
• The Client will keep its own contact and billing details current.

19Fees, invoicing and tax

Subscription fees are billed in advance for each billing period, monthly or yearly according to the plan selected. Fees are exclusive of sales and use tax, which the Client is responsible for where applicable. Invoices are due on receipt and are payable by credit card. Late amounts accrue interest at 1.5% per month, or the maximum rate permitted by Utah law if lower.

20Term, renewal and cancellation

Subscriptions are sold on a monthly plan or an annual plan. Each renews automatically for another period of the same length, a month or a year, until cancelled. There is no setup fee.

Before you are charged, the checkout page shows the price and how often you will be billed, next to the button you press to subscribe.

If you bought over the phone: your Utah cancellation rights

Before any sales call proceeds, the caller will state their name, that Buzzmax is the company calling, and that the purpose of the call is to sell the services described in section 3.

Buzzmax will send written confirmation of any telephone sale before charging you, and that confirmation will restate the three business day cancellation right and how to use it.

21Warranty disclaimer

22Limitation of liability

Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, arising out of this agreement.

Buzzmax's total aggregate liability arising out of or relating to this agreement is limited to the total fees paid by the Client to Buzzmax in the twelve months immediately preceding the event giving rise to the claim.

These limits do not apply to gross negligence, willful misconduct or fraud, to either party's indemnification obligations under section 23, or to the Client's obligation to pay fees due.

23Indemnification

The Client will indemnify Buzzmax against any and all claims, however arising, that arise out of the accuracy of facts the Client supplied, the Client's own conduct toward its customers, the Client's lack of the consents warranted in section 18, or a Platform's action taken in response to an instruction the Client gave.

Buzzmax will indemnify the Client against any and all claims, however arising, that arise out of Buzzmax's breach of section 4, 5, 6, 7, 8, 10 or 14, or out of Buzzmax's own data collection under section 17.

The parties intend these indemnities to be construed broadly, and to apply regardless of whether the claim is founded in negligence.

24Governing law, venue and arbitration

This agreement is governed by the laws of the State of Utah, without regard to conflict of laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Salt Lake County, Utah, for any dispute not subject to arbitration.

Arbitration

Any dispute arising out of or relating to this agreement will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules in Salt Lake County. Neither party bears the other's attorney fees by reason of this section alone.

Order of precedence. No order form, statement of work, promotional page, contest rule or other document displaces this section or the delegation of arbitrability to the arbitrator, unless it says so expressly and refers to this section by number.

Carve-outs. This section does not apply to a dispute alleging sexual assault or sexual harassment, and a court rather than the arbitrator decides whether that carve-out applies, notwithstanding any delegation clause. Either party may bring an individual claim in small claims court. Nothing in this section waives the right to be represented by counsel in arbitration, the arbitrator's disclosure obligations, or either party's access to provisional remedies, each of which is non-waivable.

25Text messaging

These terms apply to every review request, missed-call reply and Messaging message sent under this agreement, whether Buzzmax sends it from a number it operates or the Client sends it (or Buzzmax sends it on the Client's behalf) from the Client's own registered Messaging number.

1. Consent. The Client warrants that it holds valid prior express written consent from each End Customer for review request texts, that the consent names the entities authorized to send, including Buzzmax, and that the consent was collected by the Client directly and was never bought, rented, sold or shared.
2. Messaging consent. Where the Services include Messaging, Buzzmax sends a Messaging reply only after an End Customer has texted the Client's dedicated number first, so no separate opt-in is collected for it. The Client is responsible for honoring an opt-out on its own number, because Messaging sends through a number dedicated to the Client rather than a number Buzzmax otherwise operates.
3. Consent records. The Client will retain, and produce to Buzzmax on request, the timestamp, capture method, campaign, IP address and mobile number for each opt-in.
4. No incentives in messages. Review request messages contain no coupon, discount, promotion or upsell.
5. Sender identification. Every message identifies the Client business by name and tells the recipient how to opt out.
6. Opt-out. STOP, and any other reasonable expression of revocation in any medium, is honored. No exclusive opt-out method is designated. Revocations are honored immediately in practice and in no event later than ten business days.
7. Confirmation. At most one opt-out confirmation is sent, within five minutes, containing no marketing content.
8. Suppression list. Buzzmax maintains the suppression list and will provide it to the Client on request. The Client acknowledges that under 47 CFR 64.1200(d)(3) it remains liable for a failure to honor a revocation even though Buzzmax holds the list.
9. When messages may be sent. A review request may only be sent between 8:00 a.m. and 9:00 p.m. in the recipient's local time, and never on a Sunday, a federal holiday or a Utah state holiday. This is not a preference. Utah Code 13-25a-103(3) prohibits a telephone solicitation to a cell phone on a Sunday or a legal holiday absent prior express consent, and a single violation is actionable under Utah Code 13-25a-107(1)(b). The federal rule at 47 CFR 64.1200(c)(1) sets the 8:00 a.m. to 9:00 p.m. window by reference to the recipient's local time. Buzzmax blocks any send that would fall outside those limits, and the Client will not attempt to send outside them.
10. Volume. A review-request message is sent to a given End Customer at most once; Buzzmax's dedupe list prevents a repeat send even if the same contact is uploaded again, and Buzzmax does not send a follow-up reminder. A missed-call reply is capped at one message per caller per six hours. Messaging is a reply capability, sent only in answer to an End Customer's own text, capped per Buzzmax's own reply and daily limits, on top of any account limit stated on the Client's order form.
11. Do-not-call policy. Buzzmax maintains a written internal do-not-call policy, trains personnel on it, and will provide it on demand.
12. Sending number. Review request and missed-call reply messages send from a number Buzzmax operates through its messaging provider until the Client is fully signed up and its own number's carrier registration is approved, after which they send from a number registered to the Client instead. Either way, each message names the Client's business. Messaging messages are always sent from a number registered to the Client alone, never a shared Buzzmax number, and never before that number's carrier registration is approved.
13. Links. No public URL shortener is used. Any shortener is on a domain dedicated to Buzzmax or to the Client.
14. Platform exclusions. Review request messages contain no Yelp review link.
15. Email. Where email is used, it carries accurate headers, a non-deceptive subject line, a valid physical postal address, and an opt-out that remains live for at least 30 days, is honored within ten business days, is free, and requires nothing beyond an email address.
16. Liability. For review request and missed-call reply messages, the parties acknowledge that Buzzmax is likely the "initiator" of these messages and directly liable, and the Client likely the "seller" and vicariously liable. Messaging messages are sent only in reply to an End Customer's own text, from a number registered to and controlled by the Client, so the End Customer, not either party, begins that exchange; as between Buzzmax and the Client, the Client is treated as the sender of its own reply. Either way, this allocation cannot be varied by contract as against a claimant. This section allocates indemnity between the parties only.

26Data processing terms

For End Customer personal information, the Client is the controller or business and Buzzmax is the processor or service provider. Buzzmax:

• processes End Customer personal information only for the limited and specified purposes of performing the Services;
• will not retain, use or disclose it for any other purpose, or for any commercial purpose other than performing the Services, and will not combine it with data from other sources except as permitted by law;
• will not sell it and will not share it for cross-context behavioral advertising;
• provides the same level of privacy protection the applicable statute requires of the Client;
• grants the Client the right to take reasonable and appropriate steps to verify that Buzzmax uses the information consistently with the Client's obligations;
• will notify the Client if it determines it can no longer meet its obligations, and grants the Client the right, on that or any other notice, to take reasonable and appropriate steps to stop and remediate unauthorized use;
• engages subprocessors only under equivalent written terms, maintains the list published on our Security page, and gives notice of changes with a right to object;
• forwards and assists with End Customer rights requests within five business days;
• assists with security and data protection assessments on reasonable request;
• notifies the Client of a confirmed security breach affecting Client Data without undue delay and in no event later than 72 hours;
• binds personnel with access to confidentiality obligations;
• deletes or returns Client Data at the Client's election within 30 days of termination, subject to legal retention obligations;
• acknowledges that processing outside the Client's documented instructions would make Buzzmax a controller for that processing, and undertakes not to do so.

If Buzzmax uses aggregated or deidentified data for benchmarking, it will not attempt to reidentify it and will contractually bind any recipient to the same commitment.

27Confidentiality

Each party will keep the other's non-public information confidential and use it only to perform this agreement. This does not restrict disclosures Buzzmax must make to a Platform in order to perform the Services, or disclosures required by law.

28Publicity

The Client grants Buzzmax a non-exclusive, revocable licence to use its name and logo to identify it as a client. The Client may revoke it at any time by written notice. Nothing in this agreement transfers rights in any feedback or review the Client gives about Buzzmax.

29Notices and changes

Legal notices to Buzzmax go to team@buzzmax.ai and to JMatsu Holdings LLC, 1018 N 985 W, Orem, Utah 84057. Demands for correction under the Utah Truth in Advertising Act go to the address given on our Legal notices page, which carries a ten day response clock.

Buzzmax may change these Terms on 30 days' notice by email to the Client's billing contact and by posting the revised Terms here. Continued use after the notice period is acceptance. A change that materially reduces the Client's rights gives the Client the right to cancel without penalty before it takes effect.