Terms of Service

By accessing or using RecordTestimonial ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and RecordTestimonial. We reserve the right to update these Terms at any time. Your continued use of the Service after changes are posted constitutes acceptance of the updated Terms.

RecordTestimonial is a software-as-a-service (SaaS) platform that enables businesses to collect, manage, and display video and text testimonials from their customers. The Service includes:

• Customizable testimonial collection pages
• Video recording and storage functionality
• Text testimonial submission forms
• Dashboard for managing testimonials
• Public showcase pages for displaying approved testimonials
• Additional features as described on our website

3.1 Account Creation

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

3.2 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use the Service. By creating an account, you represent and warrant that you meet these requirements.

3.3 Account Security

You must immediately notify us of any unauthorized use of your account or any other security breach. We are not liable for any loss or damage arising from your failure to protect your account credentials.

4.1 Free Trial

New users receive a 30-day free trial period. No credit card is required to start a trial. At the end of the trial period, you must subscribe to a paid plan to continue using the Service.

4.2 Subscription Plans

Subscription fees are charged monthly or annually, depending on your selected plan. All fees are in U.S. dollars and are non-refundable except as required by law or as stated in our refund policy.

4.3 Billing and Payment

You authorize us to charge your payment method for all fees associated with your subscription. Subscription fees are billed in advance on a recurring basis. If a payment fails, we may suspend or terminate your access to the Service.

4.4 Cancellation and Refunds

You may cancel your subscription at any time from your account dashboard. Upon cancellation, you will retain access to the Service until the end of your current billing period. We offer a 30-day money-back guarantee for first-time subscribers.

You agree not to use the Service to:

• Violate any laws, regulations, or third-party rights
• Collect, upload, or distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Attempt to gain unauthorized access to any part of the Service or any other systems or networks
• Use automated means (including bots, scrapers, or scripts) to access the Service except as expressly permitted
• Transmit any viruses, malware, or other malicious code
• Collect or harvest any personally identifiable information from the Service without consent

6.1 Your Content

You retain all ownership rights to the testimonials and other content you collect through the Service ("Your Content"). By using the Service, you grant us a limited license to store, process, and display Your Content solely for the purpose of providing the Service to you.

6.2 Responsibility for Content

You are solely responsible for Your Content and the consequences of posting or publishing it. You represent and warrant that:

• You have all necessary rights to collect and use Your Content
• You have obtained all necessary consents from individuals featured in testimonials
• Your Content does not infringe on any third-party rights
• Your Content complies with these Terms and applicable laws

6.3 Our Intellectual Property

The Service, including its design, features, functionality, text, graphics, logos, and software, is owned by RecordTestimonial and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Service, you consent to our collection and use of information as described in our Privacy Policy.

8.1 Service Availability

We strive to maintain high availability of the Service, but we do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. We may experience downtime for maintenance, updates, or due to circumstances beyond our control.

8.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuance of the Service.

9.1 Termination by You

You may terminate your account at any time by canceling your subscription or deleting your account through your dashboard settings.

9.2 Termination by Us

We may suspend or terminate your access to the Service at any time, with or without cause or notice, including for violation of these Terms. Upon termination, your right to use the Service will immediately cease.

9.3 Effect of Termination

Upon termination, we may delete Your Content and any other data associated with your account. We are not obligated to retain or provide you with copies of Your Content after termination, except as required by law.

10.1 Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.

10.2 Limitation of Liability

To the maximum extent permitted by law, RecordTestimonial shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or use, whether in an action in contract, tort, or otherwise, arising out of or in connection with the Service or these Terms, even if we have been advised of the possibility of such damages.

In no event shall our total liability exceed the amount you paid to us in the twelve (12) months preceding the event giving rise to the liability.

You agree to indemnify, defend, and hold harmless RecordTestimonial and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your Content
• Your violation of these Terms
• Your violation of any rights of another party

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

12.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court for intellectual property infringement or violations of these Terms.

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and RecordTestimonial regarding the Service and supersede all prior agreements and understandings.

13.2 Severability

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

13.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

13.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, labor disputes, or internet service failures.

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

Email: legal@recordtestimonial.com