Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between Alinea Group, LLC d/b/a Smoomer (“Smoomer,” “we,” “us” or “our”) and the business or person that signs up for or uses the Smoomer Reviews service (the “Service”) or the website at smoomerreviews.com (the “Site”) (“Client,” “you” or “your”). If you accept these Terms on behalf of a business, you confirm you have authority to bind it. If you do not agree, do not use the Service.

1. The Service

The Service helps businesses request, monitor and respond to customer reviews. Depending on your plan, it may include automated text and email review requests, follow-up messages, past-customer outreach campaigns, AI-assisted review replies, review alerts, website review widgets, QR codes and review links, integrations, and reporting. Features may change over time. The Service is built on third-party software and platforms (see Section 9).

2. Accounts

You must provide accurate information and keep it current. You are responsible for all activity under your account and for keeping login credentials secure. Tell us promptly at hello@smoomerreviews.com if you suspect unauthorized access.

3. Free trial, fees and billing

4. Cancellation and refunds

There is no long-term contract. You may cancel at any time from your account or by emailing hello@smoomerreviews.com. Cancellation takes effect at the end of the current billing period, and you keep access until then. Fees already paid are non-refundable, including for partial periods and unused requests, except where required by law. Annual plans may be cancelled for the next renewal; they are not refundable mid-term.

5. Your responsibilities: consent and messaging compliance

You send review requests and other messages through the Service on your own behalf and in your business’s name. You are solely responsible for the contacts you upload and the messages sent to them. You agree that you will:

We may pause or block messages, campaigns or accounts that we believe may violate law, carrier rules or these Terms.

6. Your responsibilities: honest reviews

The Service is designed to help you ask customers for genuine, unbiased reviews. You agree that you will not use the Service to:

These practices may violate the policies of Google, Facebook and other platforms and the Federal Trade Commission’s Rule on the Use of Consumer Reviews and Testimonials (16 C.F.R. Part 465). You are responsible for your compliance with those policies and laws.

7. AI-generated replies

If you enable AI-assisted replies, the Service will draft or post responses to reviews on your behalf. AI output can be inaccurate or inappropriate. You are responsible for reviewing your settings, for replies posted to your profiles, and for not disclosing private customer information in replies. You may switch to approve-before-posting at any time.

8. Acceptable use

You will not: use the Service for any unlawful, harassing, deceptive or harmful purpose; send spam or content that is sexual, hateful, or promotes illegal products; send messages about cannabis, firearms, high-risk lending or other categories restricted by carriers; upload malware; attempt to access other accounts or our systems without permission; reverse engineer, resell or sublicense the Service except as we agree in writing; or use the Service in a way that could harm us, our providers or other users.

9. Third-party platforms

The Service relies on third-party providers, including our CRM and automation platform, telecom carriers and messaging providers, email providers, AI providers, and review platforms such as Google and Facebook. Their availability, rules and fees are outside our control. We are not responsible for their acts, outages, policy changes, decisions to filter, remove or not display reviews, or decisions to suspend your profile or messaging. Your use of those platforms is also governed by their own terms. Google and Facebook are trademarks of their respective owners; we are not affiliated with or endorsed by them.

10. No guarantee of results

Results depend on your business, customer volume, customer experience and factors outside our control. We do not guarantee any number of reviews, star rating, search ranking, traffic, leads or revenue. Examples, estimates, calculators and case studies on the Site are illustrations, not promises.

11. Data

You own the customer data you provide (“Client Data”). You grant us a license to host, process, transmit and display Client Data as needed to provide and improve the Service and as described in our Privacy Policy. You represent that you have the rights and consents needed to provide Client Data to us. We may use aggregated, de-identified data that does not identify you or any individual to operate and improve the Service. After cancellation, we may delete Client Data after a reasonable period; export anything you need before your account closes.

12. Intellectual property

The Service, the Site and all related software, content, templates and branding are owned by us or our licensors. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription for your internal business purposes. Feedback you give us may be used without obligation to you.

13. Disclaimer of warranties

THE SERVICE AND SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR THAT MESSAGES WILL BE DELIVERED.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL OR DATA. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE FEES YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. These limits do not apply to your payment obligations or your obligations under Section 15.

15. Indemnification

You will defend, indemnify and hold harmless Smoomer and its members, managers, employees and providers from any claims, damages, fines, penalties, losses and expenses (including reasonable attorneys’ fees) arising from: your Client Data; messages sent through your account; your violation of these Terms, the TCPA or any other law, carrier rule or platform policy; or your products, services or reviews.

16. Suspension and termination

We may suspend or terminate your access immediately if you breach these Terms, fail to pay, create legal or deliverability risk, or if a carrier or platform requires it. Sections that by their nature should survive termination will survive, including Sections 3 to 6, 10, 11 and 13 to 18.

17. Governing law and disputes

These Terms are governed by the laws of the State of Florida and applicable federal law, without regard to conflict-of-law rules. Any dispute will be brought exclusively in the state or federal courts located in Pinellas County, Florida, and each party consents to their jurisdiction. Each party waives any right to a jury trial and to bring or participate in a class or representative action, to the extent permitted by law. Before filing a claim, you agree to contact us at hello@smoomerreviews.com and try in good faith to resolve the dispute for at least 30 days.

18. General

These Terms, together with our Privacy Policy, SMS Terms and any order form, are the entire agreement between the parties about the Service. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control. Notices to us must be sent to hello@smoomerreviews.com. We may update these Terms by posting a revised version with a new effective date; for material changes we will give at least 30 days’ notice, and continued use after that date means you accept the changes.

19. Contact

Alinea Group, LLC d/b/a Smoomer
P.O. Box 1281, St. Petersburg, FL 33731
Email: hello@smoomerreviews.com
Phone: (727) 346-6423

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