Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and WellRated Pro LLC ("WellRated," "we," "us," or "our"), a Texas limited liability company.

By accessing or using the WellRated Pro platform, website, or services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our services.

We may modify these Terms at any time. We will notify you of material changes by email. Continued use of the service after changes constitutes acceptance of the updated Terms.

2. Description of Services

WellRated Pro provides a reputation management software platform for contractors and industrial businesses, including:

• Monitoring and aggregating reviews from Google and Facebook
• Automated SMS and email review request campaigns sent to your customers
• AI-powered review response writing assistance
• Bid profile generation combining review ratings and compliance scores
• Monthly reputation reports
• Alert notifications for new reviews and rating changes

We reserve the right to modify, suspend, or discontinue any feature of the service at any time with reasonable notice to subscribers.

3. Account Registration

To use WellRated Pro, you must:

• Be at least 18 years of age
• Be a legally registered business or authorized representative of one
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account

You are responsible for all activity that occurs under your account. WellRated Pro is not responsible for any loss resulting from unauthorized use of your account.

4. Subscription and Payment

Pricing:

• WellRated Pro: $50/month, after a 30-day free trial
• A card is required to start the trial. You are charged $0 today, and your card is automatically charged $50/month starting after the 30-day trial ends unless you cancel first. You can cancel anytime in Settings.
• One free trial per customer. The free trial is offered once per business and once per payment card. To enforce this, we keep a non-reversible identifier of the card used to start a trial (not the card number) for fraud prevention, even after an account is deleted. If we find that a trial was already used, we will cancel the new trial before any charge is made and tell you by email; you can still start a paid subscription by contacting us.
• Prices may change in the future. We will give you notice before any change applies to your account.

Billing:

• Subscriptions are billed monthly on a recurring basis
• Payment is processed by Stripe at the beginning of each billing cycle
• Prices are in US dollars

Cancellation:

• You may cancel your subscription at any time
• Cancellation takes effect at the end of the current billing period
• No refunds are issued for partial months of service
• Upon cancellation, your data is retained for 30 days before permanent deletion

Failed Payments: If a payment fails, we will retry the card on file several times over up to two weeks, and we will email you so you can update your card. If payment still cannot be collected, your subscription will be marked unpaid and your account will be suspended until payment is resolved.

5. SMS Messaging Terms

WellRated Pro sends SMS messages to your customers on your behalf. By using our SMS features, you agree to the following:

Your Responsibilities:

• You must have appropriate consent from each customer before submitting their phone number for SMS outreach
• You represent that your customers have agreed to receive text messages from or on behalf of your business
• You will not submit phone numbers of individuals who have not done business with you
• You will not use WellRated Pro SMS features for marketing or promotional messages unrelated to review requests

Message Details:

• Messages are sent from (409) 263-5382
• Message frequency varies based on job completions you submit
• Message and data rates may apply to recipients
• Recipients can opt out by replying STOP at any time
• Recipients can get help by replying HELP

Text Alerts to You (the account owner):

• If you enter a mobile number in your account Settings, you agree to receive text message alerts from WellRated Pro, for example when a new review is posted for your business. Alerts are sent from (409) 263-5382.
• Consent to receive alerts is not a condition of purchase. You can remove your number in Settings at any time.
• Message frequency varies with how many reviews your business receives. Message and data rates may apply.
• Reply STOP to opt out of alerts, or HELP for help. You can also email hello@wellratedpro.com.

Consent, timing and compliance. You are the sender of the messages you ask us to deliver, and you are solely responsible for having valid consent from each recipient and for complying with the Telephone Consumer Protection Act (TCPA), the Texas telephone-solicitation laws, the CAN-SPAM Act, and carrier rules. Each time you send a review request, you confirm that the recipient agreed to receive it by text or email. We record that confirmation with the date, your account and the version of the wording shown to you. You must also keep your own records of each recipient's consent (when and how they agreed) for at least four years after the last message you send them. We keep our confirmation records for the same period, even after your account is closed, so we can respond to complaints and legal claims. We may ask you for those records and may suspend sending until you provide them. Send review requests only to customers you have actually served, and only between 9:00 a.m. and 9:00 p.m. in the recipient's local time, and not before noon on Sundays. If a person opts out, replies STOP, or unsubscribes, you must not contact them again through any channel we provide, and we may block their number and email address across our platform.

Sending limits. We may limit the number of messages you can send, delay or block messages that look unusual or risky, and suspend sending at any time to protect recipients, carriers, or our service.

You agree to defend, indemnify and hold harmless WellRated Pro LLC and its owners and providers from any claims, damages, fines, and expenses (including reasonable attorneys' fees) arising from messages sent through your account, including claims based on missing or improper consent, improperly obtained phone numbers or email addresses, content you wrote or supplied, or your violation of these Terms or applicable law.

6. Acceptable Use

You agree not to use WellRated Pro to:

• Submit false or fabricated reviews to any platform
• Harass, threaten, or intimidate customers who leave negative reviews
• Violate any applicable laws or regulations
• Violate the terms of service of any connected review platform (Google, Facebook)
• Offer or give anything of value (discounts, gifts, entries, payment) in exchange for a review, or condition any reward on a positive review
• Ask for reviews only from customers you expect to be happy, or otherwise steer unhappy customers away from posting a public review
• Pressure, threaten, or make false legal claims to get a review changed or removed, or write reviews of your own business as if you were a customer
• Send messages containing content you do not have the right to send, including links to anything other than your own business review page
• Transmit spam or unsolicited communications
• Attempt to reverse engineer or copy the WellRated Pro platform
• Use the service for any purpose other than managing your legitimate business reputation

Violation of these acceptable use terms may result in immediate account suspension without refund.

7. Review Platform Connections

WellRated Pro connects to third-party review platforms on your behalf. You understand and agree that:

• You authorize WellRated Pro to access your review data on connected platforms
• We are not responsible for changes to third-party platform APIs that may affect service functionality
• Review data displayed in WellRated Pro is pulled from third-party platforms and may have delays
• We cannot guarantee that all reviews will be captured from all platforms at all times
• You remain responsible for complying with each platform's own terms of service

8. Intellectual Property

The WellRated Pro platform, including its software, design, content, and trademarks, is owned by WellRated Pro LLC and protected by intellectual property laws.

Your review data and business information remain your property. You grant WellRated Pro a limited license to use this data solely to provide the service to you.

AI-generated content (such as review responses drafted by our AI assistant) is provided as a tool to assist you. You are responsible for reviewing and approving any AI-generated content before publishing. AI drafts can be inaccurate or inappropriate, and nothing is posted to a review platform unless you choose to post it. We do not use AI to write or post reviews.

9. Disclaimer of Warranties

THE WELLRATED PRO SERVICE IS 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.

We do not warrant that:

• The service will be uninterrupted or error-free
• All reviews from connected platforms will be captured
• Review request messages will result in new reviews
• Your business rating will improve as a result of using the service

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WELLRATED PRO LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO WELLRATED PRO IN THE THREE MONTHS PRECEDING THE CLAIM.

11. Termination

Either party may terminate the service relationship at any time.

You may cancel your subscription at any time through your account settings or by contacting us at hello@wellratedpro.com.

We may suspend or terminate your account immediately for:

• Violation of these Terms
• Non-payment of subscription fees
• Fraudulent, abusive, or illegal use of the service
• Any use that puts WellRated Pro or its users at risk

If you cancel your subscription, you keep access until the end of your current billing period. If we suspend or terminate your account for a violation of these Terms, your access ends immediately. In either case, your data will be retained for 30 days and then permanently deleted.

12. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of WellRated Pro shall be resolved in the courts of Jefferson County, Texas.

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

13. Contact Us

If you have questions about these Terms of Service, please contact us:

• Email: hello@wellratedpro.com
• Phone: (409) 781-8513
• Mail: WellRated Pro LLC, 5900 Balcones Drive STE 100, Austin, TX 78731