Terms of Service

1. The Service

SCORE Metrics LLC ("SCORE Metrics", "we", "us", or "our") provides a competitive brand-ranking and customer-satisfaction analytics platform that allows businesses to design, distribute, and analyze surveys measuring how their brands compare within their competitive set (the "Service").

These Terms of Service ("Terms") govern access to and use of the Service by the organization that subscribes to the Service ("Customer") and the individual users authorized by that Customer ("Users").

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2. Eligibility and Account Registration

• You must be at least 18 years old and have legal authority to enter into contracts on behalf of your organization.
• You agree to provide accurate, current, and complete information during registration and to keep your account information updated.
• You are responsible for maintaining the confidentiality of your account credentials. You must immediately notify us of any unauthorized access to your account at security@scoremetrics.com.
• One person or legal entity may not maintain more than one free account. Accounts registered by automated methods are prohibited.

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3. User Roles and Permissions

The platform uses a role-based access system:

• Owner: highest-privilege role with full access to analytics, settings, and team management.
• Manager: can manage campaigns and view portfolio analytics.
• Campaign Manager: can create campaigns, upload contact lists, and distribute surveys.

Customers are responsible for the actions of all Users operating under their account.

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4. Acceptable Use

You agree to use the Service only for lawful business purposes and in accordance with these Terms. You agree not to:

• Upload contact lists without having obtained the necessary consents to contact those individuals under applicable laws (including CAN-SPAM, TCPA, and GDPR).
• Send surveys or communications that are false, deceptive, misleading, defamatory, obscene, or otherwise unlawful.
• Use the Service to distribute spam, malware, or phishing content.
• Attempt to gain unauthorized access to any part of the Service or its related systems.
• Reverse-engineer, decompile, or disassemble the Service.
• Use automated tools (bots, scrapers, crawlers) against the Service without our written permission.
• Resell or sublicense access to the Service without our written permission.
• Violate any applicable local, state, national, or international law or regulation.

We reserve the right to suspend or terminate accounts that violate this section.

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5. Customer Data

"Customer Data" means all data submitted to the Service by the Customer or its Users, including contact lists, survey responses, and campaign information.

• You retain all ownership rights to your Customer Data.
• You grant SCORE Metrics a limited, non-exclusive license to process Customer Data solely to provide and improve the Service.
• You represent and warrant that you have all rights, permissions, and consents necessary to upload and process Customer Data through the Service, including the personal data of survey respondents.
• SCORE Metrics acts as a data processor on your behalf under applicable data protection laws. You are the data controller responsible for the lawful basis for collecting and processing respondent data.

For details on how we protect Customer Data, see our Privacy Policy and Data Security page.

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6. Payment and Subscriptions

• Paid features require a valid subscription. Subscription fees are described on the pricing page.
• All payments are processed by Stripe. By providing payment information, you authorize us to charge your payment method for the applicable fees.
• Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.
• Fees are non-refundable except where required by applicable law or as expressly stated in a separate agreement with SCORE Metrics.
• We reserve the right to change pricing with at least 30 days' notice to active subscribers.

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7. Intellectual Property

The Service, including its software, design, text, graphics, and all other content (excluding Customer Data), is owned by SCORE Metrics LLC and is protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms transfers any intellectual property rights to you except the limited right to use the Service as described herein.

The "SCORE Metrics" name and logo are trademarks of SCORE Metrics LLC. You may not use them without our prior written consent.

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8. Confidentiality

Each party agrees to hold the other's confidential information in confidence and not to disclose it to third parties except as required to perform obligations under these Terms or as required by law. This obligation does not apply to information that is publicly available, independently developed, or disclosed with the disclosing party's consent.

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9. Availability and Modifications

We strive to maintain high availability but do not guarantee uninterrupted access. We may temporarily suspend access for maintenance, security updates, or other operational needs. We will endeavor to provide advance notice for planned maintenance.

We reserve the right to modify or discontinue features of the Service at any time. We will provide reasonable notice of material changes.

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10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Survey results and analytics are based on data submitted by respondents and are provided for informational purposes only. SCORE Metrics does not guarantee the accuracy, completeness, or fitness for any particular business purpose of any analytics output.

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11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCORE METRICS LLC AND ITS OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.

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12. Indemnification

You agree to indemnify, defend, and hold harmless SCORE Metrics LLC and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your use of the Service; (b) your Customer Data; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any third party.

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13. Termination

• By you: You may cancel your account at any time. Contact us at privacy@scoremetrics.com to initiate account deletion.
• By us: We may suspend or terminate your account immediately if you materially breach these Terms, fail to pay applicable fees, or if we determine that continued operation poses a legal or security risk.
• Effect of termination: Upon termination, your right to access the Service ends immediately. We will retain Customer Data for up to 30 days post-termination, after which it will be permanently deleted. You may request an export of your data before or within this window.

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14. Governing Law and Disputes

These Terms are governed by the laws of the State of Iowa, United States, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Iowa, and you consent to the personal jurisdiction of such courts.

Before initiating formal proceedings, we encourage you to contact us directly at privacy@scoremetrics.com to seek an informal resolution.

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15. Changes to These Terms

We may update these Terms from time to time. We will notify registered users of material changes via email at least 14 days before the changes take effect. Your continued use of the Service after the effective date of revised Terms constitutes acceptance of those Terms. If you do not agree to the revised Terms, you must stop using the Service and cancel your account.

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16. Entire Agreement

These Terms, together with the Privacy Policy and any separate subscription or order agreement, constitute the entire agreement between you and SCORE Metrics LLC regarding the Service and supersede all prior agreements and understandings.

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17. Contact

Questions about these Terms? Contact us:

SCORE Metrics LLC
Attn: Legal
privacy@scoremetrics.com