TERMS AND CONDITIONS
Last Updated: July 15, 2026
1. AGREEMENT TO OUR LEGAL TERMS
We are Etrica Review Management and Automation ("Etrica," "we," "us," or "our"), a sole proprietorship operating in Ontario, Canada, with its principal business address at:
5 Shady Golfway
North York, Ontario M3C 3A5
Canada
We operate the website https://etrica.ca (the "Site"), together with any related websites, applications, products, software, communications, and services that reference or link to these Terms of Service (collectively, the "Services").
Etrica is a comprehensive reputation management platform designed to help businesses strengthen their online reputation, build customer trust, and generate more authentic reviews through ethical automation and customer engagement.
Our Services include, but are not limited to:
Automated Review Requests
We send professionally crafted SMS and email invitations encouraging satisfied customers to share their experiences on Google, social media platforms, and other major review websites. Our automated messaging sequences are designed to help businesses collect authentic customer feedback with minimal manual effort.
Reputation Monitoring & Insights
We monitor reviews, ratings, and online brand mentions across supported platforms while providing dashboards, reporting, and notifications that help businesses understand and manage their online reputation.
Professional Review Responses
Where applicable, we may assist with responding to customer reviews by preparing or publishing professional responses that acknowledge positive feedback and appropriately address customer concerns.
Review Marketing
We may transform publicly available customer reviews into marketing assets including website widgets, social media graphics, testimonials, promotional materials, and other forms of social proof to help businesses demonstrate credibility and attract prospective customers.
System Integrations
Our Services may integrate with customer relationship management (CRM) platforms, Google Business Profile, social media platforms, email providers, SMS providers, automation platforms, and other third-party services to streamline review generation, customer communication, and reputation management.
Our goal is to simplify the reputation management process so businesses can focus on serving their customers while Etrica helps improve their online visibility and credibility.
You may contact us using any of the following methods:
Website: https://etrica.ca
Email: [email protected]
Telephone: (416) 844-6109
Mailing Address:
Etrica Review Management and Automation
5 Shady Golfway
North York, Ontario M3C 3A5
Canada
These Terms of Service constitute a legally binding agreement between you, whether acting personally or on behalf of an organization ("you"), and Etrica Review Management and Automation ("Etrica"), regarding your access to and use of the Services.
By accessing, using, purchasing, or otherwise interacting with the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
If you do not agree with all of these Terms of Service, you must immediately discontinue use of the Services.
We may publish additional policies, guidelines, or supplemental terms from time to time, and those materials are incorporated into these Terms by reference.
We reserve the right to modify these Terms at any time. Changes become effective immediately upon posting an updated version on the Site unless otherwise required by applicable law. The "Last Updated" date at the top of these Terms will indicate when revisions were made.
It is your responsibility to review these Terms periodically. Continued use of the Services after changes become effective constitutes your acceptance of the revised Terms.
The Services are intended only for individuals who are at least 18 years of age. Persons under the age of 18 are not permitted to register for or use the Services.
We recommend that you print or save a copy of these Terms for your records.
2. INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
Unless otherwise indicated, the Services, including the Site and all related software, technology, databases, functionality, workflows, automations, designs, text, graphics, photographs, videos, audio, logos, trademarks, service marks, trade names, documentation, source code, and other materials made available through the Services (collectively, the "Content"), are owned by or licensed to Etrica Review Management and Automation ("Etrica") and are protected by applicable copyright, trademark, intellectual property, and other proprietary rights under the laws of Canada and applicable international treaties.
All trademarks, logos, service marks, trade names, and branding displayed through the Services (collectively, the "Marks") are the property of Etrica or their respective owners.
The Content and Marks are provided solely for your internal business use in connection with the Services.
No ownership rights are transferred to you by your use of the Services.
Limited License to Use the Services
Subject to your continued compliance with these Terms of Service, Etrica grants you a limited, non-exclusive, non-transferable, revocable licence to:
access and use the Services for your internal business purposes; and
download or print individual portions of the Content only as reasonably necessary for your lawful use of the Services.
Except as expressly permitted by these Terms, you may not:
copy;
reproduce;
modify;
distribute;
republish;
display;
license;
sell;
lease;
reverse engineer (except where prohibited by applicable law);
create derivative works from; or
otherwise commercially exploit
any portion of the Services, Content, or Marks without our prior written consent.
Any rights not expressly granted under these Terms remain reserved by Etrica.
Requests for Permission
If you wish to use any portion of the Services, Content, or Marks beyond what is expressly permitted under these Terms, you must first obtain our written permission.
Requests should be sent to:
Email: [email protected]
If permission is granted, you agree to preserve all copyright, trademark, and proprietary notices associated with the applicable Content.
Feedback, Suggestions, and Submissions
If you voluntarily provide us with:
comments,
ideas,
suggestions,
feature requests,
recommendations,
feedback,
testimonials, or
other communications
relating to the Services (collectively, "Submissions"), you acknowledge that:
the Submission is provided voluntarily;
Etrica may use the Submission without restriction;
you grant Etrica a perpetual, worldwide, irrevocable, royalty-free licence to use, modify, publish, reproduce, distribute, commercialize, and otherwise exploit the Submission for any lawful purpose; and
no compensation or attribution is required unless otherwise agreed in writing.
User Contributions
Certain features of the Services may permit you to submit or upload content, including but not limited to:
text;
images;
videos;
graphics;
reviews;
ratings;
comments;
business information;
testimonials; and
other materials
(collectively, "Contributions").
You retain ownership of your Contributions.
However, by submitting or making Contributions available through the Services, you grant Etrica a worldwide, non-exclusive, transferable, sublicensable, perpetual, irrevocable, royalty-free licence to:
host;
store;
reproduce;
modify;
adapt;
publish;
distribute;
publicly display;
publicly perform;
translate;
create derivative works from; and
otherwise use
your Contributions as reasonably necessary to:
operate the Services;
improve the Services;
provide customer support;
fulfill contractual obligations;
market the Services (subject to the Marketing and Publicity Rights section); and
comply with applicable legal requirements.
This licence includes the right to use any business names, logos, trademarks, or branding that you voluntarily provide to us in connection with your Contributions.
Your Responsibilities
By submitting any Contributions or Submissions, you represent and warrant that:
you own or have all necessary rights to provide the material;
your Contributions do not infringe the intellectual property rights of any third party;
your Contributions do not violate any law or regulation;
your Contributions are not defamatory, fraudulent, misleading, unlawful, abusive, threatening, obscene, or otherwise objectionable;
your Contributions do not contain confidential information that you are prohibited from disclosing; and
you have obtained all required permissions from any identifiable individuals appearing in your Contributions.
You remain solely responsible for all Contributions that you submit.
Removal of Content
Although Etrica has no obligation to monitor user Contributions, we reserve the right, in our sole discretion, to:
remove;
edit;
restrict;
disable; or
refuse to publish
any Contribution that we reasonably believe:
violates these Terms;
infringes intellectual property rights;
creates legal risk;
contains unlawful material; or
may negatively affect the integrity, security, or reputation of the Services.
Removal of any Contribution does not create any obligation for Etrica to preserve or restore such material.
Copyright Infringement
Etrica respects the intellectual property rights of others.
If you believe that material available through the Services infringes your copyright or other intellectual property rights, please notify us promptly by contacting:
Email: [email protected]
Your notice should include sufficient information for us to identify the allegedly infringing material and evaluate your claim. We will investigate complaints in accordance with applicable Canadian law and, where appropriate, remove or restrict access to the material in question.
3. USER REPRESENTATIONS
By accessing or using the Services, you represent, warrant, and agree that:
All information you provide to Etrica during registration, purchase, or use of the Services is true, accurate, current, and complete.
You will promptly update your account information as necessary to keep it accurate and current.
You have the legal authority and capacity to enter into these Terms of Service and to comply with all applicable laws.
You are at least 18 years of age.
If you are using the Services on behalf of a business, corporation, partnership, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms.
You will not access or use the Services through unauthorized automated means, including bots, scripts, crawlers, or similar technologies, except where expressly authorized by Etrica.
You will not use the Services for any unlawful, fraudulent, deceptive, abusive, or unauthorized purpose.
Your use of the Services will comply with:
these Terms of Service;
all applicable federal, provincial, state, and local laws;
anti-spam legislation;
privacy legislation;
consumer protection laws; and
any other applicable regulations governing your business.
You will only upload or import customer information that you are legally authorized to collect, process, and use.
You have obtained any legally required consent before using the Services to send SMS messages, emails, review requests, appointment reminders, marketing communications, or other customer communications.
You acknowledge that you are solely responsible for ensuring your use of the Services complies with applicable privacy and electronic communications laws, including Canada's Anti-Spam Legislation (CASL), privacy legislation, and any other applicable laws within your jurisdiction.
If any information you provide is false, inaccurate, incomplete, misleading, or becomes outdated, Etrica reserves the right to:
suspend your account;
restrict access to the Services;
terminate your account;
refuse future service; or
take any other action reasonably necessary to protect the Services, our business, or other users.
Nothing in these Terms limits any additional legal remedies available to Etrica.
4. USER REGISTRATION
Certain features of the Services require you to register for an account.
When creating an account, you agree to:
provide accurate registration information;
maintain the security of your login credentials;
keep your password confidential;
promptly notify Etrica of any unauthorized use of your account; and
accept responsibility for all activities that occur under your account.
You are responsible for maintaining appropriate security measures to prevent unauthorized access to your account.
Etrica will not be responsible for losses resulting from your failure to maintain the confidentiality of your account credentials.
We reserve the right, in our sole discretion, to:
refuse registration requests;
suspend or terminate accounts;
reclaim usernames;
require verification of account ownership; or
change usernames that are misleading, offensive, impersonate another person or business, infringe intellectual property rights, or are otherwise inappropriate.
5. PURCHASES AND PAYMENT
By purchasing any subscription, product, or Service from Etrica, you agree to pay all applicable fees associated with your purchase.
Accepted Payment Methods
Etrica currently accepts the following payment methods:
Visa
Mastercard
American Express
Discover
PayPal
Interac e-Transfer
Additional payment methods may be added or removed from time to time.
Billing Information
You agree to provide accurate, complete, and current:
billing information;
payment information;
contact information; and
tax information,
as reasonably required to process your purchases.
You agree to promptly update any information that changes during your relationship with Etrica.
Pricing
Unless otherwise stated, all prices are quoted in Canadian Dollars (CAD).
Applicable taxes, including Harmonized Sales Tax (HST), Goods and Services Tax (GST), Provincial Sales Tax (PST), or other legally required taxes, may be added where required by law.
Etrica reserves the right to modify pricing at any time.
Price changes will not affect previously paid billing periods unless otherwise permitted under these Terms or applicable law.
Authorization
By providing a payment method, you authorize Etrica and its payment processors to charge the applicable fees, taxes, recurring subscription charges, and any other authorized amounts associated with your account.
If a payment is declined, rejected, reversed, or otherwise unsuccessful, we may:
retry the payment;
suspend access to the Services;
terminate the applicable subscription; or
pursue any other lawful remedies available to collect outstanding balances.
Order Acceptance
Etrica reserves the right to refuse, limit, cancel, or reject any order or transaction in our sole discretion, including where we reasonably believe:
fraudulent activity has occurred;
payment cannot be verified;
pricing errors have occurred;
misuse of promotional offers has occurred;
the purchase violates these Terms; or
completing the transaction may expose Etrica to legal or financial risk.
If payment has already been processed for an order that is cancelled due to our error, an appropriate refund will be issued.
6. SUBSCRIPTIONS
Automatic Renewal
Unless otherwise stated, all subscriptions automatically renew at the end of each billing period.
By purchasing a subscription, you authorize Etrica to automatically charge your selected payment method for each renewal until the subscription is cancelled.
The length of each billing cycle depends on the subscription plan selected during signup.
Cancellation
You may cancel your subscription at any time by logging into your account and initiating cancellation through the platform.
For security and fraud prevention purposes, cancellation requests must be submitted by:
the verified account owner; or
an authorized administrator of the Client's business.
Etrica may request reasonable verification before processing cancellation requests submitted through customer support.
Unless otherwise specified in a written agreement, cancellation becomes effective at the end of the current paid billing period.
No partial refunds or prorated credits are provided for unused portions of an active billing period unless required by applicable law or expressly agreed by Etrica.
Questions regarding subscriptions or cancellations may be directed to:
Email: [email protected]
Subscription Fee Changes
Etrica may change subscription pricing from time to time.
Where required by applicable law or contractual obligations, we will provide reasonable notice before new pricing becomes effective.
Continued use of the Services after the effective date of a pricing change constitutes acceptance of the revised subscription fees.
7. PROHIBITED ACTIVITIES
You may access and use the Services only for the purposes for which they are made available by Etrica.
Except as expressly authorized by Etrica in writing, you agree not to use the Services for any activity that is unlawful, abusive, fraudulent, harmful to the Services, or inconsistent with these Terms.
As a user of the Services, you agree that you will not:
7.1 Unauthorized Access and Misuse
Systematically collect, scrape, harvest, download, copy, or extract data or Content from the Services to create databases, directories, mailing lists, datasets, or competing products.
Attempt to gain unauthorized access to any account, system, server, network, API, or infrastructure belonging to Etrica.
Circumvent, disable, interfere with, or compromise any security feature or access control implemented by the Services.
Access another user's account without authorization.
Impersonate another individual, company, or organization.
Misrepresent your identity or affiliation with any person or business.
7.2 Fraudulent or Illegal Activities
You may not use the Services to:
violate any applicable law;
engage in fraudulent or deceptive conduct;
facilitate illegal business activities;
transmit false or misleading information;
commit identity theft;
distribute malware;
facilitate phishing attacks;
send unlawful commercial electronic messages; or
violate privacy, anti-spam, consumer protection, telecommunications, or advertising laws.
7.3 Abuse of the Platform
You agree not to:
interfere with another customer's use of the Services;
overload our servers or infrastructure;
intentionally generate excessive system load;
introduce viruses, ransomware, spyware, Trojan horses, worms, or malicious code;
perform denial-of-service attacks;
interfere with platform performance or availability; or
attempt to damage, disable, or impair the Services.
7.4 Reverse Engineering
Except where prohibited by applicable law, you may not:
reverse engineer;
decompile;
disassemble;
decode;
modify;
adapt; or
attempt to discover the source code, architecture, algorithms, or proprietary technology underlying the Services.
7.5 Unauthorized Automation
Unless expressly authorized by Etrica, you may not use:
bots;
spiders;
crawlers;
scrapers;
AI agents;
automated scripts;
robotic process automation;
browser automation; or
similar technologies
to access or interact with the Services.
This restriction does not apply to integrations or APIs expressly approved by Etrica.
7.6 Unauthorized Commercial Use
You may not:
resell the Services without authorization;
sublicense access to the Services;
create a competing reputation management platform using the Services;
reproduce substantial portions of the platform;
commercially exploit proprietary Content; or
use the Services to develop competing software or services.
7.7 Intellectual Property Violations
You may not:
remove copyright notices;
remove trademark notices;
remove proprietary notices;
falsely claim ownership of Etrica Content;
reproduce branding without permission; or
infringe the intellectual property rights of Etrica or any third party.
7.8 Improper Communications
You agree not to use the Services to send:
spam;
unsolicited commercial electronic messages;
deceptive review requests;
misleading communications;
fraudulent customer outreach;
abusive communications; or
messages that violate applicable anti-spam legislation.
You remain solely responsible for ensuring all communications sent through the Services comply with applicable law, including Canada's Anti-Spam Legislation (CASL) and other applicable regulations.
7.9 Misuse of Customer Data
You may not upload, import, transmit, or process customer information unless you have lawful authority to do so.
You are solely responsible for ensuring that all customer data processed through the Services has been collected and is used in compliance with applicable privacy legislation.
7.10 Competitive Use
You may not use the Services for the purpose of:
benchmarking;
competitive analysis;
copying product functionality;
creating derivative services;
training competing software;
developing competing automation systems; or
assisting a competitor of Etrica.
7.11 Enforcement
Violation of this Section may result in one or more of the following actions without prior notice:
suspension of your account;
termination of your subscription;
removal of Content;
cancellation of Services;
restriction of access;
reporting unlawful activity to applicable authorities; and
any other legal remedies available to Etrica.
Nothing in this Section limits any additional rights or remedies available under these Terms or applicable law.
8. USER-GENERATED CONTRIBUTIONS
Certain areas of the Services may permit you to submit, upload, publish, display, transmit, or otherwise make available content, including:
reviews;
testimonials;
comments;
text;
graphics;
logos;
business information;
photographs;
videos;
marketing materials;
ratings;
suggestions; and
other content
(collectively, "Contributions").
You acknowledge that Contributions may become publicly available depending on how you use the Services.
Your Representations
You represent and warrant that:
you own or have sufficient rights to submit your Contributions;
your Contributions do not infringe any intellectual property rights;
your Contributions do not violate privacy rights;
your Contributions are accurate to the best of your knowledge;
your Contributions are not defamatory, abusive, unlawful, threatening, obscene, discriminatory, or fraudulent;
your Contributions do not violate any applicable laws; and
you possess all necessary permissions, releases, and consents required to submit the Contributions.
Responsibility for Contributions
You remain solely responsible for every Contribution submitted through your account.
Etrica does not endorse user-generated content and assumes no responsibility for the accuracy, legality, or reliability of any Contribution.
Removal of Contributions
Etrica reserves the right, but has no obligation, to:
monitor;
edit;
refuse;
restrict;
remove; or
disable
any Contribution that we reasonably believe:
violates these Terms;
infringes intellectual property rights;
violates applicable law;
creates legal liability;
compromises platform security; or
may negatively impact the Services or other users.
Removal of Contributions does not obligate Etrica to retain copies or restore removed material.
9. CONTRIBUTION LICENCE
By submitting Contributions through the Services, you grant Etrica a worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free licence to:
host;
reproduce;
store;
archive;
publish;
display;
perform;
distribute;
modify;
adapt;
translate;
create derivative works;
incorporate into other materials; and
otherwise use
your Contributions in connection with:
providing the Services;
operating the platform;
improving the Services;
customer support;
product development;
marketing;
analytics;
security;
legal compliance; and
any other lawful business purpose.
This licence applies across all media now known or later developed.
You retain ownership of your Contributions.
Marketing and Publicity Rights
Unless you notify us otherwise in writing, you grant Etrica permission to use:
your business name;
business logo;
trademarks;
publicly available reviews;
testimonials;
publicly shared success stories; and
general performance results achieved through the Services
for marketing and promotional purposes.
This may include:
website case studies;
social media;
presentations;
advertising;
sales materials;
educational content;
webinars;
videos; and
other promotional materials.
If you prefer that Etrica not use your business for future marketing materials, you may request removal by contacting:
Etrica will make commercially reasonable efforts to honour such requests for future publications.
No Ownership Transfer
Nothing in these Terms transfers ownership of your Contributions to Etrica.
You retain all ownership rights, subject only to the licence granted under this Section.
Etrica's Rights
Etrica reserves the right to:
edit Contributions;
categorize Contributions;
format Contributions;
remove Contributions;
refuse publication; or
discontinue displaying Contributions
at any time, in our sole discretion, without prior notice.
Etrica has no obligation to monitor user-generated content continuously.
10. THIRD-PARTY WEBSITES, SERVICES, AND CONTENT
The Services may contain links to, integrate with, or otherwise interact with third-party websites, software, products, applications, APIs, or services ("Third-Party Services").
Examples include, but are not limited to:
Google Business Profile
Google Maps
Google Reviews
Meta (Facebook and Instagram)
Apple Business Connect
Microsoft
Stripe
Twilio
Mailgun
SendGrid
GoHighLevel
CRM platforms
Payment processors
Scheduling platforms
Social media platforms
Email providers
SMS providers
Other software providers
These Third-Party Services are not owned or controlled by Etrica.
No Endorsement
The inclusion of any Third-Party Service does not imply:
endorsement;
sponsorship;
approval;
affiliation; or
recommendation
by Etrica unless expressly stated.
Third-Party Terms
Your use of any Third-Party Service is governed by that provider's own:
Terms of Service;
Privacy Policy;
Acceptable Use Policy;
licensing agreements; and
other applicable terms.
You are responsible for reviewing and complying with those agreements.
Availability
Etrica does not guarantee:
the continued availability of any Third-Party Service;
compatibility with future versions of third-party software;
uninterrupted API connectivity;
permanent integrations; or
continued support from any third-party provider.
Third-party providers may modify, suspend, discontinue, or restrict their services at any time without notice.
Etrica shall not be liable for any resulting interruption or loss of functionality.
Third-Party Content
The Services may display:
reviews;
ratings;
business information;
customer comments;
publicly available content;
maps;
images;
videos; or
other materials
originating from third parties.
Etrica does not warrant the accuracy, completeness, legality, or reliability of Third-Party Content.
Third-Party Charges
Certain Third-Party Services may require separate subscriptions, fees, licences, or payment arrangements.
You remain solely responsible for any charges imposed by those providers.
Data Sharing
To provide the Services, Etrica may transmit information between your account and authorized Third-Party Services that you choose to connect.
By connecting a Third-Party Service, you authorize Etrica to exchange data reasonably necessary to provide the requested functionality.
11. SERVICES MANAGEMENT
To maintain the integrity, security, and reliability of the Services, Etrica reserves the right, but has no obligation, to:
monitor usage of the Services;
investigate suspected violations of these Terms;
suspend or restrict accounts;
remove content;
disable integrations;
limit system usage;
implement security measures;
update software;
perform maintenance; and
take any action reasonably necessary to protect the Services, customers, employees, contractors, and business operations.
Maintenance
Scheduled maintenance may temporarily affect access to the Services.
Where reasonably practicable, Etrica will attempt to provide advance notice of planned maintenance.
Emergency maintenance may be performed without prior notice.
Security Monitoring
Etrica may monitor:
login activity;
API usage;
system performance;
messaging activity;
integrations;
suspicious behaviour; and
platform security
to protect the Services and prevent fraud, abuse, or unauthorized access.
Monitoring does not create an obligation to monitor every user or transaction.
Suspension
Etrica may suspend or restrict access where we reasonably believe:
these Terms have been violated;
unlawful activity has occurred;
payment obligations remain outstanding;
system security is at risk;
excessive resource consumption threatens platform stability; or
suspension is necessary to comply with legal obligations.
Where practical, we may attempt to notify you before suspension, but are not required to do so.
12. PRIVACY
Your privacy is important to us.
Our collection, use, storage, disclosure, and protection of personal information are governed by our Privacy Policy.
Privacy Policy:
https://etrica.ca/privacy-policy
By using the Services, you acknowledge that you have read and understand our Privacy Policy.
Your Responsibilities
You are solely responsible for ensuring that:
customer information uploaded to the Services has been lawfully collected;
all necessary consents have been obtained;
you have authority to process personal information;
your use of the Services complies with applicable privacy legislation; and
communications sent through the Services comply with applicable anti-spam laws.
Canadian Privacy Compliance
Where applicable, users are responsible for complying with:
the Personal Information Protection and Electronic Documents Act (PIPEDA);
applicable provincial privacy legislation;
Canada's Anti-Spam Legislation (CASL);
consumer protection legislation; and
any other laws applicable to their business activities.
Etrica provides technology tools but does not provide legal advice regarding regulatory compliance.
Security
Etrica implements commercially reasonable administrative, technical, and organizational safeguards designed to protect information processed through the Services.
However, no internet transmission or electronic storage system can be guaranteed to be completely secure.
Accordingly, Etrica cannot guarantee absolute security.
13. TERM AND TERMINATION
These Terms remain in effect while you access or use the Services.
Termination by You
You may terminate your account in accordance with the Subscription and Cancellation provisions contained in these Terms.
Termination does not relieve you of payment obligations that accrued before termination.
Termination by Etrica
Etrica may suspend, restrict, or terminate your access to the Services immediately, with or without notice, if we reasonably determine that:
you violated these Terms;
payment remains overdue;
fraudulent activity has occurred;
unlawful conduct has occurred;
your use creates security risks;
your account is inactive for an extended period where permitted by applicable law;
continued service creates legal exposure; or
termination is otherwise necessary to protect Etrica or other users.
Effect of Termination
Upon termination:
your licence to use the Services immediately ends;
access to the Services may be revoked;
certain information may be retained where required by law or legitimate business purposes;
backups may continue to exist for a limited period;
outstanding fees remain payable; and
provisions intended to survive termination shall continue in effect.
Survival
The following Sections survive termination, including but not limited to:
Intellectual Property
Payment Obligations
Limitation of Liability
Indemnification
Dispute Resolution
Governing Law
Confidentiality
Marketing Rights
Contribution Licence
Disclaimer of Warranties
Any provision that by its nature is intended to survive termination.
14. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ETRICA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
THIS INCLUDES, WITHOUT LIMITATION:
merchantability;
satisfactory quality;
fitness for a particular purpose;
title;
non-infringement;
uninterrupted availability;
compatibility;
security;
reliability;
accuracy;
completeness; and
freedom from viruses or harmful components.
Etrica does not warrant that:
the Services will always be available;
the Services will operate without interruption;
defects will always be corrected;
integrations with third-party providers will remain available;
customer reviews will increase;
review invitations will always be delivered;
review platforms will publish reviews;
search rankings will improve;
revenue will increase; or
any specific business results will be achieved.
Customer review platforms such as Google, Facebook, Apple, and others independently determine:
review visibility;
moderation;
removal;
rankings;
business listings; and
review publication.
Etrica has no control over those decisions.
15. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ETRICA SHALL NOT BE LIABLE FOR ANY:
indirect damages;
incidental damages;
consequential damages;
special damages;
exemplary damages;
punitive damages;
lost profits;
lost revenue;
loss of goodwill;
business interruption;
loss of business opportunities;
loss of anticipated savings;
loss of customers;
data loss;
corruption of data; or
other intangible losses,
arising out of or relating to:
your use of the Services;
inability to use the Services;
third-party services;
review platform decisions;
customer communications;
system outages;
software bugs;
API failures;
security incidents beyond our reasonable control; or
any matter relating to these Terms.
To the fullest extent permitted by law, Etrica's total aggregate liability for all claims arising from or relating to the Services shall not exceed the total amount actually paid by you to Etrica during the twelve (12) months immediately preceding the event giving rise to the claim.
Nothing in these Terms limits liability where such limitation is prohibited under applicable law.
16. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Etrica, its owner, contractors, affiliates, service providers, licensors, successors, and representatives from and against any claims, damages, losses, liabilities, judgments, settlements, penalties, fines, costs, and reasonable legal fees arising from or relating to:
your use of the Services;
your breach of these Terms;
your violation of applicable laws;
customer communications sent through the Services;
your Contributions;
infringement of intellectual property rights;
privacy violations;
misuse of customer data;
regulatory investigations arising from your conduct; or
negligent, fraudulent, or unlawful acts committed by you.
Etrica reserves the right to assume exclusive control of the defence of any matter subject to indemnification, at your expense.
17. ELECTRONIC COMMUNICATIONS
By using the Services, you consent to receive communications electronically.
Electronic communications may include:
account notices;
invoices;
receipts;
renewal notices;
legal notices;
policy updates;
support communications;
system notifications; and
other communications relating to the Services.
You agree that electronic communications satisfy any legal requirement that communications be provided in writing.
18. SMS TEXT MESSAGING
If you choose to receive SMS communications or use SMS functionality through the Services, you acknowledge and agree that:
message frequency may vary;
message and data rates may apply;
participating carriers are not liable for delayed or undelivered messages;
delivery cannot be guaranteed.
You are responsible for obtaining all legally required consent before sending SMS communications through the Services.
Recipients may opt out at any time by following the instructions provided within applicable messages or by replying with supported opt-out keywords where available.
Etrica may modify or discontinue SMS functionality at any time.
Nothing in this section guarantees successful message delivery.
19. DISPUTE RESOLUTION
The parties agree to make reasonable efforts to resolve disputes through good-faith discussions before commencing formal legal proceedings.
If a dispute cannot be resolved informally, either party may pursue any legal remedies available under applicable law.
Nothing in these Terms prevents either party from seeking urgent injunctive or equitable relief where necessary to protect confidential information, intellectual property, or other legal rights.
20. GOVERNING LAW
These Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
The parties irrevocably submit to the exclusive jurisdiction of the courts located in the Province of Ontario for the resolution of disputes arising out of or relating to these Terms or the Services.
21. CORRECTIONS
Etrica reserves the right to correct any:
typographical errors;
pricing errors;
inaccuracies;
omissions; or
technical mistakes
appearing within the Services at any time without prior notice.
Such corrections do not create liability or entitle users to compensation except where required by applicable law.
22. MISCELLANEOUS
These Terms constitute the complete agreement between you and Etrica regarding the Services and supersede all prior discussions, proposals, negotiations, representations, and agreements relating to the subject matter.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
Failure by Etrica to enforce any provision shall not constitute a waiver of future enforcement.
These Terms may not be assigned by you without Etrica's prior written consent.
Etrica may assign or transfer its rights and obligations in connection with a merger, sale of assets, business reorganization, or similar transaction.
Headings are provided for convenience only and do not affect interpretation.
References to legislation include amendments and successor legislation where applicable.
Nothing in these Terms creates:
a partnership;
joint venture;
agency relationship;
employment relationship; or
fiduciary relationship
between the parties.
No third party is intended to acquire rights under these Terms except where expressly stated.
These Terms shall be interpreted fairly and shall not be construed against either party solely because one party drafted them.
