These Terms of Service (“Terms”) govern your use of FaveWall (the “Service”), operated by [BerryPhase, Inc.]. By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. The Service
FaveWall lets you collect testimonials from your customers via a shareable link, moderate them, and embed an approved “Wall of Love” on your website.
2. Accounts
- You must provide accurate information and are responsible for activity under your account.
- Keep your password secure; you are responsible for maintaining its confidentiality.
- You must be at least 16 years old to create an account.
3. Your responsibility for testimonials
You are solely responsible for the testimonials you collect and display. You represent and warrant that:
- You have obtained the necessary consent from each person whose testimonial, name, or photo you display. FaveWall asks each submitter to consent to public display at the point of submission, but you remain responsible for how you use that content.
- The testimonials you display are genuine and not fabricated, misleading, or deceptive.
- Your use of testimonials complies with applicable advertising and consumer-protection laws (for example, FTC endorsement guidelines in the US).
FaveWall is a tool that stores and displays content you control; we do not verify the accuracy of testimonials and are not responsible for the content you choose to publish.
4. Acceptable use
You agree not to use the Service to:
- Publish unlawful, infringing, defamatory, hateful, or deceptive content.
- Fabricate testimonials or misrepresent who provided them.
- Upload malware, attempt to breach security, or abuse rate limits.
- Infringe anyone’s intellectual property or privacy rights.
5. Content and license
You retain ownership of the content you submit. You grant FaveWall a limited license to host, process, and display that content solely to provide the Service. A testimonial submitter grants the account holder the right to display their submitted content publicly, subject to the consent given at submission.
6. Subscriptions and billing
- The Service offers a free plan and a paid Pro plan billed monthly through Stripe.
- Paid subscriptions renew automatically each month until cancelled.
- You can cancel anytime; cancellation takes effect at the end of the current billing period, and you retain Pro features until then.
- Refunds: except where required by law, payments are non-refundable and we do not provide prorated refunds for partial periods. [Adjust this to your preferred policy — a clear, fair refund stance reduces disputes.]
- We may change plan pricing with reasonable advance notice; changes do not affect the period already paid for.
7. Intellectual property
FaveWall, its software, and its branding are owned by [BerryPhase, Inc.]. These Terms grant you no rights to our trademarks or code beyond using the Service as intended.
8. Disclaimers
The Service is provided “as is” and “as available”, without warranties of any kind, to the fullest extent permitted by law. We do not warrant that the Service will be uninterrupted or error-free.
9. Limitation of liability
To the maximum extent permitted by law, [BerryPhase, Inc.] will not be liable for any indirect, incidental, or consequential damages, or for loss of profits, data, or goodwill. Our total liability for any claim relating to the Service is limited to the amount you paid us in the 12 months before the claim.
10. Indemnification
You agree to indemnify and hold [BerryPhase, Inc.] harmless from claims arising out of the content you publish or your misuse of the Service, including claims that a displayed testimonial was used without proper consent or is misleading.
11. Termination
You may stop using the Service at any time. We may suspend or terminate accounts that violate these Terms. On termination, your right to use the Service ends; you can request deletion of your data as described in our Privacy Policy.
12. Changes to these Terms
We may update these Terms. Material changes will be reflected by the “Last updated” date above; continued use after changes means you accept them.
13. Governing law
These Terms are governed by the laws of [your jurisdiction], without regard to conflict-of-law rules. [Add venue/arbitration terms as advised by counsel.]
14. Contact
Questions about these Terms? Email support@favewall.com.