Terms of Service

1. Who may use the Service

The Service is for businesses. By using it, you represent that you are at least the age of majority in your jurisdiction, that you are using it on behalf of a business, and that you have authority to bind that business to these Terms. “You” means that business.

2. The Service

Referral Booster helps home-service businesses run a referral program: it sends text messages to your customers on your behalf, gives them a shareable way to refer friends, tracks and attributes referrals, and helps you reward them. Features may change over time as we improve the Service.

3. Your account

You are responsible for the information you provide, for keeping your login credentials secure, and for all activity under your account. Notify us promptly of any unauthorized use.

4. Your data and your responsibilities

To use the Service, you provide us with data, including personal information about your customers (“Customer Data”). As between you and us, you own and control your Customer Data, and we process it only to provide the Service, as your service provider, under these Terms and our Data Processing Addendum. You represent, warrant, and agree that:

• you have all rights, permissions, and consents (including prior express consent required by applicable law, and prior express written consent for marketing/promotional messages) to provide the Customer Data to us and to have us contact those individuals by text and email on your behalf;
• your collection and use of Customer Data, and your messaging, comply with all applicable laws, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, state telemarketing and privacy laws, and CTIA / carrier (A2P 10DLC) requirements; and
• you will honour opt-outs, maintain records of consent, and comply with our SMS Terms and Acceptable Use Policy.

You grant us a non-exclusive license to host, process, and transmit your Customer Data as needed to provide and improve the Service. You are solely responsible for the accuracy, quality, and legality of your Customer Data and the means by which you acquired it.

5. Acceptable use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms. We may suspend or limit the Service to protect it, our other customers, or third parties, or to comply with law or carrier requirements.

6. Plans, billing, and our Merchant of Record

Our order process is conducted by our online reseller Paddle.com Market Limited (“Paddle”, Paddle.com), which is the Merchant of Record for all purchases of the Service. Paddle handles the order, payment processing, billing, and the collection and remittance of applicable taxes, and may handle related billing inquiries. When you purchase a subscription, you also agree to Paddle’s buyer terms and privacy notice, which apply to that transaction.

• Subscriptions are offered on a monthly or annual basis and renew automatically for successive periods unless cancelled before the renewal date.
• Fees are stated at checkout and on our Pricing page, exclusive of taxes unless stated otherwise. Paddle may add applicable taxes.
• Price changes apply to future renewal periods; we will give reasonable advance notice of a change to your recurring price.
• Refunds and cancellation are governed by our Refund & Cancellation Policy, including the terms of our money-back guarantee.

7. Promotional offers

From time to time we may offer trials, discounts, or other promotional offers. Each offer is subject to its own stated terms, may be changed or withdrawn, and may not be combined with others unless we say so.

8. Intellectual property

We and our licensors own the Service and all related intellectual property. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription, subject to these Terms. You may not copy, modify, reverse-engineer, resell, or create derivative works of the Service except as permitted by law. You retain ownership of your Customer Data.

9. Third-party integrations

The Service can connect to third-party products (such as Housecall Pro, ServiceTitan, Jobber, and Service Fusion). Your use of those products is governed by their own terms, and we are not responsible for them. If a third-party product stops working with the Service, our obligation is limited to a reasonable effort to maintain the integration.

10. Disclaimers

The Service is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any ROI figures, calculators, projections, or example reports are estimates for planning only and are not a guarantee of results; actual results depend on many factors outside our control, including how you run your program.

11. Limitation of liability

To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to the Service or these Terms. Our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the amounts you paid us for the Service in the twelve (12) months before the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so some of these limitations may not apply to you.

12. Indemnification

You will defend, indemnify, and hold harmless Referral Booster and its personnel from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your Customer Data; (b) your messaging and your customers; (c) your breach of the representations in Section 4, our SMS Terms, or our Acceptable Use Policy; or (d) your violation of applicable law or these Terms.

13. Term, suspension, and termination

These Terms apply while you use the Service. You may cancel as described in our Refund & Cancellation Policy. We may suspend or terminate your access if you materially breach these Terms, fail to pay, or create risk or legal exposure for us or others. On termination, your right to use the Service ends; sections that by their nature should survive (including Sections 4, 8, 10, 11, 12, and 14) will survive.

14. Governing law and disputes

These Terms are governed by the Province of British Columbia, Canada, without regard to its conflict-of-laws rules, and you and we submit to the exclusive jurisdiction of the courts located in British Columbia, Canada, except where applicable consumer-protection law gives you the right to bring a claim in your home jurisdiction. Nothing in these Terms limits any non-waivable statutory rights you have as a United States consumer or business.

15. General

These Terms, together with the policies referenced in them, are the entire agreement between you and us about the Service. If any provision is found unenforceable, the rest remains in effect. We may assign these Terms in connection with a merger, acquisition, or sale of assets. Our failure to enforce a provision is not a waiver. We may update these Terms; the “Last updated” date above will change, and material changes will be communicated as required.

16. Contact

Questions about these Terms? Email hello@referralbooster.co.