Terms of Service

These Terms of Service (“Terms”) govern the websites, products, and services provided by Rockstar Ventures, LLC d/b/a Reviews To The Top (“RTTT”, “we”, “us”, “our”). By accessing or using the Services, you agree to these Terms. If you are entering into these Terms on behalf of an organization, you represent you have authority to bind that organization.

Who we are. RTTT delivers a managed reputation and communications program, including configuration and ongoing support of certain third‑party modules (e.g., Birdeye features, which for some customers are provisioned via Bizinga), plus separate RTTT‑provided services such as SEO/AIO content and managed social media.

1) Key Definitions

• Customer / you — the entity or individual using the Services.
• Order — any order form, online checkout, SOW, or estimate that references these Terms.
• Modules — third‑party platform features we provision and configure (e.g., Birdeye Reviews AI, Listings AI, Messaging AI, Social AI, Surveys AI, Competitors AI, Insights AI, Referrals, Mass Texting, Chatbot).
• RTTT Managed Services — services we perform ourselves (e.g., onboarding, templates, response drafting, reporting, SEO/AIO content, managed social media).
• Customer Data — data you provide (e.g., contact lists, property details, business info, brand assets).
• Output — content we generate or configure for you (messages, replies, reports, posts).

2) Service Structure and Order of Precedence

1. Third‑Party Modules (Birdeye/Bizinga). Your use of Modules is subject to the applicable third‑party terms and policies (including Birdeye and, where applicable, Bizinga). If there is any conflict between those terms and these Terms as to the Modules, the third‑party terms control for that portion.
2. RTTT Managed Services. For services we perform directly (onboarding, response drafting, SEO/AIO, managed social), these Terms control.
3. Payments Add‑On (if selected). If you elect payments functionality provided by Bizinga or its payment partners, your use is subject to their separate terms; RTTT is not a money transmitter and does not hold funds.

We do not control third‑party platforms, their uptime, roadmap, policies (e.g., Google’s review policies), or pricing changes.

3) Your Responsibilities

You agree to:

• Provide accurate business information (name, address, phone, hours, URLs, photos) and promptly update changes.
• Supply only the Customer Data we request and obtain all required consents for messaging under laws such as TCPA, CAN‑SPAM, carrier rules, and local regulations.
• No PHI without a BAA. Do not provide protected health information (PHI) unless we and you have executed a Business Associate Agreement (BAA). The Services do not require PHI.
• Follow platform rules including no “review gating.” Everyone offered a private feedback path must still be offered a public review option.
• Use the Services lawfully; do not send spam, harass, infringe, or misrepresent.

4) Our Responsibilities

We will:

• Configure Modules and RTTT Managed Services per your approved settings; provide reasonable support during business hours; and act with professional care.
• Maintain appropriate administrative, physical, and technical safeguards for the Customer Data we host and honor your Do‑Not‑Contact instructions.

5) Trials; Term; Cancellation

Trial (optional). If you opt into a 5‑day trial, we will typically send one review request and one reminder to recent contacts you provide (usually last ~60 days) using your approved language. The trial is for evaluation only. We will delete or anonymize the trial contact list within 30 days after the trial ends unless you convert to paid service or ask us to retain it longer.

Month‑to‑month. Unless an Order states otherwise, subscriptions renew monthly until cancelled. You may cancel at any time with written notice effective at the end of the current billing period. We may suspend or cancel for non‑payment, misuse, or material breach.

6) Fees and Billing

Fees appear in your Order/invoice and are prepaid and non‑refundable unless stated otherwise. Taxes may apply. Late amounts may accrue the lesser of 1.5% per month or the maximum allowed by law, plus reasonable collection costs. If you add locations or modules mid‑cycle we may prorate fees.

Third‑party providers (e.g., Birdeye, Bizinga, payment partners) may change pricing or require additional fees. Such third‑party pricing changes apply to your account upon renewal or as otherwise permitted by your Order.

7) Data, Privacy, and Security

• Ownership. You own Customer Data; we own our tools and methods. You grant RTTT a non‑exclusive license to use Customer Data and your marks solely to provide the Services.
• Do‑Not‑Contact. We will maintain and honor your Do‑Not‑Contact list for review requests and similar outreach.
• Deletion. Upon termination, you may request deletion of Customer Data we host; we will delete or anonymize within 30 days, except for routine backups and records retained for legal/audit purposes.
• Privacy. Our collection and use of personal information is described in our Privacy Policy.
• Subprocessors. We may use vetted subprocessors (including platform providers) to deliver the Services.

8) Acceptable Use and Compliance Highlights

• Obtain and document consent before sending SMS or marketing email; include an opt‑out (e.g., “Reply STOP to opt out”).
• No review gating or incentives contingent on a positive review (comply with platform rules and advertising laws).
• For social content, comply with platform policies and FTC endorsement rules.
• Do not upload unlawful, misleading, obscene, or infringing content, attempt to bypass security, or misuse the Services.

9) Content, Approvals, and IP

• Approvals. You are responsible for reviewing and approving content (templates, replies, posts). We may use AI assistance to draft content; you remain the final approver unless you delegate approvals to us in writing.
• License to Operate. You grant us a worldwide, non‑exclusive, royalty‑free license to host, transmit, and display your content as needed to provide the Services.
• Deliverables. Upon full payment, you own SEO/AIO and social content we create specifically for you (excluding any third‑party materials and our underlying methods/tools). We may re‑use generalized know‑how and non‑identifiable learnings.
• Publicity. We may list you as a customer (name/logo) unless you opt out in writing.

10) Service Changes; Betas

We may modify the Services, provided the core functionality of your current package is not materially degraded. Beta/early‑access features are optional and provided as‑is.

11) Disclaimers

THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, RTTT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. WE DO NOT GUARANTEE SPECIFIC NUMBERS OF REVIEWS, RANKINGS, CONVERSIONS, REVENUE, OR THE CONTINUED AVAILABILITY OR BEHAVIOR OF THIRD‑PARTY PLATFORMS (E.G., SEARCH ENGINES, SOCIAL NETWORKS, LISTING SITES, APP STORES, PAYMENT NETWORKS).

12) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA. RTTT’S TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO RTTT IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

13) Indemnification

You will indemnify and hold harmless RTTT and its personnel from claims, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of: (a) your Customer Data or content; (b) your messaging practices and compliance with consent/opt‑out laws; (c) your breach of these Terms; or (d) your use of the Services in violation of law or third‑party rights.

14) Confidentiality

Each party may receive non‑public information designated or reasonably understood as confidential (“Confidential Information”). The receiving party will use it only to perform under these Terms and protect it with reasonable care. Confidentiality obligations do not apply to information that is public, already known, independently developed, or lawfully received from a third party. Upon written request, a receiving party will return or destroy Confidential Information within 30 days, except for routine backups and records retained for legal/audit purposes.

15) Dispute Resolution; Governing Law

These Terms are governed by the laws of the State of New York, excluding conflicts rules. The parties consent to exclusive jurisdiction and venue in New York, New York for disputes not subject to arbitration. At RTTT’s election, disputes may be resolved by binding arbitration (JAMS/AAA) in New York, New York, on an individual basis. Class actions are waived. Either party may seek injunctive relief to protect Confidential Information or IP.

16) Changes to These Terms

We may update these Terms. If we make material changes, we will post the updated version with a new “Last updated” date. Your continued use after the effective date constitutes acceptance.

17) Notices

Rockstar Ventures, LLC d/b/a Reviews To The Top
7014 13th Avenue, Suite 210, Brooklyn, NY 11228
Email: legal@reviewstothetop.com

18) Service‑Specific Terms (Pass‑Through)

The following apply in addition to these Terms:

A. Birdeye‑Powered Modules (provisioned directly or via Bizinga).

Your use of Reviews AI, Listings AI, Messaging AI, Social AI, Surveys AI, Competitors AI, Insights AI, Referrals, Mass Texting, Chatbot, and any other Birdeye functionality is subject to Birdeye’s end‑user terms and privacy policy and, if applicable, Bizinga’s customer terms. If those terms require action (e.g., KYC for payments, carrier registration, Sender ID), you agree to complete them. If a third‑party platform limits, suspends, or changes a feature, we may adjust your configuration accordingly. In case of conflict for these Modules, the third‑party terms control.

B. RTTT Managed Social Media Services.

We will draft and schedule posts per your brand guidelines and approvals. You are responsible for any required rights, licenses, or disclosures (including FTC endorsement rules for reviews, testimonials, or influencer content). Platform ad spend is billed to you directly unless otherwise stated in an Order.

C. RTTT SEO/AIO Content Services.

We will produce practical content aligned to your brief and brand. Search and AI systems evolve; we do not guarantee specific rankings or AI placements. Upon full payment, you own the content we create for you (excluding third‑party materials and our underlying methods/tools).

D. Payments (if selected).

Payments services, underwriting, merchant accounts, and settlement are provided by Bizinga and/or their payment partners under their separate terms. RTTT does not handle, hold, or transmit funds and is not liable for payment processing decisions, chargebacks, or network rules.

E. Healthcare (if applicable).

By default, the Services are not intended for PHI. A signed BAA is required before any PHI is shared with RTTT.

Short Footer Version (optional)

By using Reviews To The Top you agree to our Terms of Service and Privacy Policy. Some features are provided by third‑party platforms (e.g., Birdeye and, where applicable, Bizinga) and are subject to their terms. Month‑to‑month service. No review gating. We do not accept PHI without a signed BAA. © Rockstar Ventures, LLC.