Software as a Service Agreement

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SERVICE. BY USING THE SERVICE OR CLICKING “AGREE” YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF OR FOR THE BENEFIT OF YOUR EMPLOYER OR A THIRD PARTY, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY AUTHORITY TO AGREE TO THIS AGREEMENT ON THEIR BEHALF. This agreement is between SmallBiz.Reviews / Easy Smart Texting LLC, a South Carolina limited liability company (SmallBiz.Reviews), and the Customer agreeing to these terms (Customer).

1. SOFTWARE SERVICE. This agreement provides Customer access to and usage of an Internet-based software service as specified on an order (Service).
2. USE OF SERVICE. A. Customer Owned Data. All data uploaded by Customer to the Service remains the property of Customer, as between SmallBiz.Reviews and Customer (Customer Data). Customer grants SmallBiz.Reviews the right to use the Customer Data solely for purposes of performing under this agreement. During the term of this agreement, customer may use any end user data collected by the Service through Customer’s guest’s use of the Service (Guest Data), for purposes of marketing functions, integrating with third party systems, analytics, and other business purposes, so long as such use is in accordance with all applicable law and SmallBiz.Reviews’s Messaging Policy, located at https://smallbiz.reviews/privacy-policy/ As between the parties, Customer, and not SmallBiz.Reviews, shall be solely liable for Customer’s (and Customer’s employees’ and agents’) Processing of Guest Data. Customer may export its Customer and Guest Data as allowed by functionality in the service. B. Access and Usage. Customer may allow its employees or contractors to access the Service in compliance with the terms of this agreement, which access must be for the sole benefit of Customer. Customer is responsible for the compliance with this agreement by its contractors. C. Customer Responsibilities. Customer: (i) must keep its passwords secure and confidential; (ii) is solely responsible for Customer Data and all activity in its account in the Service; (iii) must use commercially reasonable efforts to prevent unauthorized access to its account, and notify SmallBiz.Reviews promptly of any such unauthorized access; and (iv) may use the Service only in accordance with the Service’s user guide, applicable law, and in accordance with SmallBiz.Reviews’s Reasonable Use Policy, located at www.smallbiz.reviews/policies/reasonable-use AND our Messaging Policy located at smallbiz.reviews/messaging-policy SmallBiz.Reviews Support. SmallBiz.Reviews will provide Customer support for the Service in accordance with our Support Policy E. Trial Version. If Customer has registered for a trial use of the Service, Customer may access the Service for a time period determined by SmallBiz.Reviews. The Service is provided ‘AS IS’, with no warranty during this time period. All Customer and Guest Data will be deleted after the trial period, unless Customer converts its account to a paid Service. F. Beta Features. From time to time, SmallBiz.Reviews may make certain beta services or features available in the Service (Beta Features). All Beta Features are provided ‘AS-IS’ without warranty of any kind, and SmallBiz.Reviews has no liability arising out of or resulting from Customer’s use of the Beta Features. Customer acknowledges and agrees that Beta Features are likely to have errors and defects, are not covered by the Support Policy, and may or may not become actual features of the Service.
   G. Service Features. SmallBiz.Reviews may change the features and functionality of the Service at any time without notice to Customer.
   H. SmallBiz.Reviews Restrictions. SmallBiz.Reviews certifies that it understands the restrictions set out in this section and will comply with them. As required by applicable privacy law to ensure SmallBiz.Reviews’s status as a ‘processor’ or ‘service provider’ (as such terms or similar terms are used in such laws), SmallBiz.Reviews may not: (i) Sell or Share the Personal Data relating to its provision of Services hereunder; (ii) retain, use or disclose such Personal Data for any purpose other than the provision of Services, including to retain, use, or disclose such Personal Data for a commercial purpose other than providing its Services under this agreement; (iii) retain, use, or disclose such Personal Data outside of the direct business relationship between SmallBiz.Reviews and Customer; or (iv) combine such Personal Data received in connection with performing services under this agreement with Personal Data it receives from another source except to provide Services under this agreement or as otherwise permitted by law. I. SmallBiz.Reviews Processing of Personal Data. SmallBiz.Reviews shall

   I. SmallBiz.Reviews Processing of Personal Data. SmallBiz.Reviews shall only Process Personal Data relating to its provision of Services hereunder on behalf of and in accordance with Service Provider’s instructions. As its complete and final instructions, Customer instructs SmallBiz.Reviews to Process such Personal Data for the following purposes, each of which shall be deemed part of the provision of Services hereunder: (i) Processing in accordance with this Service Provider Agreement; (ii) Processing to provide and manage the Services to Customer; (iii) Processing to comply with other agreed reasonable instructions by Customer that are consistent with the terms of the Service Provider Agreement; (iv) Processing as required under any applicable laws, and (v) Processing to maintain and enhance the security, integrity, and functionality of SmallBiz.Reviews services. SmallBiz.Reviews agrees that it shall, in its capacity as a processor and to the extent required by law, take commercially reasonable efforts at Customer’s expense upon Customer’s written request to provide information evidencing its compliance with these commitments and law.

   k. Data Subject Requests. SmallBiz.Reviews shall, unless legally prohibited, promptly notify Customer if it receives a request from a Data Subject to exercise their rights (to the extent available to them under applicable law) for access to, correction, amendment or deletion of that individual’s Personal Data. SmallBiz.Reviews may respond to such Data Subject request to confirm that the request has been received, relates to Customer, and to direct the Data Subject to Customer. SmallBiz.Reviews shall provide Customer with commercially reasonable cooperation and assistance in relation to a Data Subject’s request for access to that individual’s Personal Data, to the extent legally permitted and to the extent Customer does not have access to such Personal Data through its use of the Services. Customer shall be responsible for any reasonable costs arising from SmallBiz.Reviews’s provision of such assistance under this section.

   3. WARRANTY DISCLAIMER. THE SERVICE IS PROVIDED ‘AS IS’ WITHOUT WARRANTY. SMALLBIZ.REVIEWS DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. WHILE SMALLBIZ.REVIEWS TAKES REASONABLE PHYSICAL, TECHNICAL, AND ADMINISTRATIVE MEASURES TO SECURE THE SERVICE, SMALLBIZ.REVIEWS DOES NOT GUARANTEE THAT THE SERVICE CANNOT BE COMPROMISED. CUSTOMER UNDERSTANDS THAT THE SERVICE MAY NOT BE ERROR FREE, AND USE MAY BE INTERRUPTED.

   4. PAYMENT. CUSTOMER MUST PAY SMALLBIZ.REVIEWS ALL FEES FOR USE OF THE SERVICE IN ACCORDANCE WITH THE ORDER AND WITH SMALLBIZ.REVIEWS’S BILLING POLICY SET FORTH AT WWW.SMALLBIZ.REVIEWS.COM/POLICIES/BILLING. SMALLBIZ.REVIEWS MAY, IN ITS SOLE DISCRETION, (I) CHANGE ITS PRICING AT ANY TIME, UPON SmallBiz.Reviews NOTICE TO CUSTOMER, AND (II) CHARGE ADDITIONAL FEES FOR EXCESSIVE USE OF THE SERVICE, WHICH EXCESSIVE USE IS DEFINED IN GOZONE’S REASONABLE USE POLICY LOCATED AT WWW.SMALLBIZ.REVIEWS.COM/POLICIES/REASONABLE-USE. ALL FEES PAYABLE UNDER THIS AGREEMENT ARE EXCLUSIVE OF SALES, USE, VAT, WITHHOLDING, CUSTOM DUTIES, EXCISE, AND ANY OTHER SIMILAR TAXES FOR WHICH CUSTOMER IS RESPONSIBLE.

   If you wish to unsubscribe from e-mail communication from SmallBiz.Reviews, you may e-mail us at frank @ gmbrocket .com. Additionally, most of our email distributions contain an “unsubscribe” link. If you have questions or comments about this Software as a Service Agreement or the practices of SmallBiz.Reviews, you may contact us at frank @ gmbrocket .com.

   If you have any questions about this Agreement, please contact us at frank @ gmbrocket .com or by writing to us at: SmallBiz.Reviews / 202 camperdown ct, easley sc 29642

   DEFINITIONS “Data Subject” means the identified or identifiable person to whom the Personal Data relates. “Personal Data” means any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, to or with an identified or identifiable natural person, which is processed by SmallBiz.Reviews solely on behalf of Customer under this Software as a Service Agreement. “Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure