Welcome to Testimonial Genius! These Terms of Service ("Terms") govern your access to and use of the Testimonial Genius website (testimonialgenius.com) and the services provided therein (collectively, the "Service"), operated by Testimonial Genius ("we," "us," or "our").
Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
1. Description of Service
Testimonial Genius is an AI-powered platform designed to help users analyze customer testimonials provided by the user, extract insights such as themes and sentiment, identify key quotes, and generate reports. The Service utilizes third-party AI models (currently Google Gemini) to perform the analysis based on the data you upload or input.
2. Acceptance of Terms
By creating an account, accessing the website, or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (available at /privacy), which is incorporated herein by reference. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
3. User Accounts
- Registration: To access certain features of the Service, you must register for an account. We currently support registration via Google Sign-In. When you register through Google, you authorize us to access certain account information (like your name and email address) from Google, as described in our Privacy Policy.
- Account Security: You are responsible for safeguarding your account credentials (including your Google account used for login) and for any activities or actions that occur under your account. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
- Eligibility: You must be at least 13 years old (or the minimum age required in your jurisdiction to consent to use online services) to use the Service. The Service is currently intended for and available only to users located within the United States.
4. User Responsibilities and Content
- Testimonial Data: You are solely responsible for the testimonial data ("User Content") that you upload, paste, or otherwise provide to the Service. You represent and warrant that you have all necessary rights, licenses, and consents to collect, share, and use your User Content as contemplated by these Terms, including the right to submit it for AI processing. You agree that your User Content will not violate any applicable laws or infringe upon the rights of any third party (including privacy, publicity, or intellectual property rights).
- Lawful Use: You agree to use the Service only for lawful purposes and in accordance with these Terms. You will not use the Service to process any data that is illegal, harmful, defamatory, obscene, infringing, harassing, or otherwise objectionable.
- Anonymization: While we offer an anonymization feature, you are ultimately responsible for reviewing your User Content and ensuring that sensitive or personally identifiable information is removed or appropriately handled before submitting it for analysis, especially if required by privacy regulations or agreements.
- Accuracy of Results: You acknowledge that AI analysis can sometimes produce inaccurate or unexpected results. You are responsible for reviewing and verifying the accuracy and appropriateness of any insights, summaries, themes, quotes, or recommendations generated by the Service before using them for any purpose.
5. Intellectual Property Rights
- Your User Content: You retain all ownership rights to the original testimonial data (User Content) you submit to the Service.
- Analysis Results: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to use the analysis results (summaries, themes, highlights, recommendations, reports) generated from your User Content for your internal business or personal purposes.
- Our Service: The Service itself, including the website, software, design, text, graphics, logos, underlying technology (excluding third-party components like Google Gemini), and generated content structure (but not your specific User Content or derived Results) are the property of Testimonial Genius or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code, unless laws prohibit those restrictions or you have our written permission.
6. AI Processing and Third-Party Services
You acknowledge and agree that:
- The Service utilizes artificial intelligence models provided by third parties (currently Google Gemini) to process your User Content.
- Your User Content (specifically the testimonial text) will be transmitted to these third-party AI providers for analysis.
- The processing performed by these AI providers is subject to their respective terms of service and privacy policies. While we configure the service with the intention of limiting data use solely for providing the analysis back to you, we cannot control the ultimate data handling practices of the third-party AI provider.
- We are not responsible for the accuracy, completeness, or availability of the analysis provided by the third-party AI models.
7. Fees and Payment (Future Implementation)
Testimonial Genius currently offers a free tier of service. We reserve the right to introduce paid subscription plans ("Paid Plans") in the future, which may offer additional features, higher usage limits, or different capabilities. If Paid Plans are introduced:
- Specific terms, pricing, features, and usage limits for Paid Plans will be provided on our Pricing page or through other service notifications.
- Subscription fees will be billed in advance on a recurring basis (e.g., monthly or annually) as specified at the time of purchase.
- We will use a third-party payment processor (e.g., Stripe) to handle payments. Your payment information will be subject to the payment processor's terms and privacy policy.
- Failure to pay applicable fees may result in suspension or termination of access to Paid Plan features.
- All fees are generally non-refundable except as required by law or explicitly stated otherwise.
8. Prohibited Uses
You agree not to use the Service:
- In any way that violates any applicable national or international law or regulation.
- To exploit, harm, or attempt to exploit or harm minors in any way.
- To send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate Testimonial Genius, an employee, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Testimonial Genius or users of the Service or expose them to liability.
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
- To introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER TESTIMONIAL GENIUS NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE OR THE RESULTS GENERATED THEREBY.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TESTIMONIAL GENIUS, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
11. Indemnification
You agree to defend, indemnify, and hold harmless Testimonial Genius, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Service.
12. Termination
We may terminate or suspend your access to all or part of the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may typically do so by ceasing use of the Service or contacting us (subject to verification).
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of [Your State/Country - PLEASE UPDATE], without regard to its conflict of law provisions.
14. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide reasonable notice prior to any new terms taking effect (e.g., by posting a notice on the website or sending an email). What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.
15. Contact Us
If you have any questions about these Terms, please contact us: