Terms of Service

Spokk provides software that businesses use to collect customer feedback, request online reviews, manage loyalty, membership and referral programs, and communicate with their customers by text message and email (the “Services”).

The Services are for business use. You must be at least 18 and able to enter into contracts. If you accept these Terms for a business, you confirm that you have authority to bind it, and “you” means that business.

If you sign an order form with us, it forms part of our agreement and overrides these Terms where they conflict.

• Give us accurate information and keep it up to date.
• You are responsible for what happens in your account, including what your team members do. Keep access to the email and Google accounts you use to sign in secure, and tell us promptly if you think someone has used your account without permission.
• If you manage Spokk accounts for clients, for example as an agency, you are responsible for those accounts and confirm that your clients have authorized you to act for them.

• Paid plans are billed in advance, monthly or annually, through our payment provider Stripe, and renew automatically until you cancel. Prices do not include taxes, which you pay where they apply.
• We will give you at least 30 days’ notice of a price change before it applies to your plan.
• You can cancel at any time in your settings or by emailing us. Cancellation takes effect at the end of the billing period you have paid for.
• 60-day money-back guarantee: if you are new to Spokk and ask within 60 days of your first paid subscription payment, we will refund what you have paid for your subscription in full. This applies to every plan, including annual plans and the Healthcare plan. Other than that, or where the law requires, fees are not refundable.
• If a payment fails, we may suspend paid features after telling you.
• Plans bought through a partner such as AppSumo are subject to the plan limits described when you bought them and to these Terms. A lifetime plan gives you access to the plan you bought for as long as we offer the Services.

“Customer Data” means the information you, your team and your customers put into the Services, such as contact details, feedback, reviews, testimonials and your content. You own your Customer Data.

You allow us to host, process, transmit and display Customer Data to provide the Services to you, keep them secure and support you. We may also use aggregated, de-identified information that does not identify you or any person to improve the Services and publish statistics, but never information from our Healthcare plan.

We handle your customers’ personal information on your behalf, as described in our Privacy Policy. You are responsible for having the right to give us that information, and for telling your customers how you use it, for example in your own privacy policy. If you need a data processing agreement, contact us.

You can export your Customer Data at any time. After your account ends, you have 30 days to export it, and after that we may delete it as described in the Privacy Policy.

Our standard plans are not designed for protected health information (PHI) or other sensitive information, such as Social Security numbers, government ID numbers or payment card numbers. Do not put that information into the Services except as this section allows.

If you are a healthcare provider or other covered entity under HIPAA, you may use the Services with PHI only on our Healthcare plan, and only after you and Spokk have signed a Business Associate Agreement (BAA). The Healthcare plan runs in a separate environment, and its BAA governs how we handle PHI.

If you put PHI into a standard plan anyway, you are responsible for doing so, no BAA applies to it, and we may delete it.

You are the sender of the messages you send through Spokk, and you must follow every law and rule that applies to them. In the United States this includes the Telephone Consumer Protection Act, the CAN-SPAM Act, state telemarketing and texting laws, and wireless carrier and CTIA rules. Similar laws apply elsewhere, such as Canada’s anti-spam law. In particular, you must:

• message only people who have given you the consent the law requires for that kind of message, and keep records of that consent;
• identify your business in your messages, keep them truthful, and tell people how to opt out;
• honor opt-outs. We process STOP replies automatically, and you must not message anyone who has opted out;
• respect any time-of-day limits that apply where the recipient is;
• not send prohibited content, such as content about cannabis, firearms, adult services, hate speech or high-risk financial offers; and
• give accurate information for carrier registration, such as toll-free verification and 10DLC.

Carriers and email providers can filter, delay or block messages, and delivery depends on their approval of your registration. We are not responsible for messages they do not deliver. Some plans send texts from a number that several businesses share, and an opt-out on a shared number applies to every business that uses it.

We may pause your messaging to protect recipients, deliverability or our compliance, and will tell you why. If you connect your own email server, you are responsible for its settings and for what is sent through it.

Spokk helps businesses collect feedback and request public reviews. Spokk does not permit review gating, which means asking only satisfied customers for public reviews, or steering customers who give critical feedback away from posting a review. Google, Yelp and other platforms prohibit review gating, and it can break consumer protection law.

You must request reviews in a way that follows each platform’s rules and the law on consumer reviews, including the FTC’s rule on consumer reviews and testimonials. Do not create or buy fake reviews, offer anything for a review where the platform forbids it (Google does), make any reward depend on a review being positive, or suppress negative reviews.

Review drafts that Spokk suggests are based on what your customer told you. Your customer decides whether to post a review and in what words, and it must reflect their own experience. You must not post reviews on a customer’s behalf.

Get your customer’s permission before you publish a testimonial. Healthcare providers may need a written HIPAA authorization to use a patient’s testimonial.

We are not responsible for what review platforms do, such as removing reviews or suspending listings.

Some features use AI to draft reviews and replies, transcribe audio, translate text and summarize feedback. AI output can be wrong, so review it before you use it. You are responsible for what you publish or send. We use AI providers as described in our Privacy Policy. They do not use your data to train their models, and neither do we.

You must not use the Services to:

• break the law or infringe anyone’s rights;
• send spam, or messages to people who have not agreed to receive them;
• harass, threaten or mislead anyone, or impersonate any person or business;
• upload malware, or probe, overload or get around the security of the Services;
• scrape the Services, or copy or reverse engineer them except where the law allows it;
• resell the Services or give others access to them, unless you have an agency or reseller agreement with us;
• build a competing product; or
• send urgent or emergency messages, or clinical information such as diagnoses or test results.

The Services connect with other services, such as Google Business Profile, HubSpot, GoHighLevel, Zoho and Stripe. Their own terms apply when you use them, and they can change or withdraw what they offer. We are not responsible for them. When you connect a service, you allow us to exchange data with it on your behalf, as described in our Privacy Policy.

We own the Services and everything in them other than your Customer Data. While your subscription is active, you may use the Services for your business under these Terms. We keep all rights we do not expressly give you.

If you send us ideas or feedback about Spokk, we may use them without owing you anything. We may name your business as a customer on our website unless you ask us not to.

Each of us will protect the other’s non-public business information with reasonable care, use it only for our relationship, and disclose it only to people who need it and are bound to protect it, or when the law requires. This does not apply to information that is public, or that the recipient already had or developed independently.

We work to keep the Services available, but we do not promise uninterrupted service unless an order form says so. We sometimes need maintenance. We may change, add or remove features, and we will give you reasonable notice before removing a feature you rely on. Features labeled beta are provided as they are.

You can stop using the Services and cancel at any time, as described in section 3.

We may suspend or end your access if you seriously or repeatedly break these Terms, do not pay, create legal risk for us or others, or put the Services or other users at risk. Where we reasonably can, we will tell you first and give you a chance to fix the problem.

When your account ends, your access stops, section 4 applies to your Customer Data, and anything you owe us remains payable. Sections that by their nature should continue, such as sections 15 to 18, continue to apply.

Except as expressly stated in these Terms or an order form, the Services are provided “as is” and “as available”, and we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not guarantee any number of reviews, any rating or ranking, or that every message will be delivered. Guides, templates and examples in the Services are not legal advice.

Neither of us is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if told they were possible.

Each party’s total liability arising out of or relating to these Terms is limited to the fees you paid or owed us in the 12 months before the event giving rise to the claim.

These limits do not apply to your payment obligations, to your obligations under section 17, or to liability that the law does not allow us to limit.

You will defend Spokk and pay the costs, damages and reasonable legal fees that result from any third-party claim arising from your Customer Data, the messages you send through the Services (including claims under texting and email laws), how you request or use reviews and testimonials, or your breach of these Terms. We will tell you promptly about the claim, let you control its defense, and cooperate reasonably at your expense. You may not settle a claim in a way that admits fault for Spokk or requires us to do something, without our written consent.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. If a dispute arises, we will both first try in good faith to resolve it by discussion for at least 30 days. After that, the dispute must be brought in the state or federal courts located in Delaware, and we both consent to their jurisdiction. Either of us may ask any court for urgent relief to protect confidential information or intellectual property.

We may update these Terms. We will change the date at the top of this page and, for material changes, tell account holders by email or in the dashboard at least 30 days before the change takes effect. If you do not agree with a change, stop using the Services and cancel before it takes effect. If you keep using the Services after that, the updated Terms apply.

• These Terms, any order form, our Privacy Policy and, for the Healthcare plan, the signed BAA are the entire agreement between us about the Services.
• You may not transfer this agreement without our written consent. We may transfer it as part of a merger, acquisition or sale of our business.
• Neither of us is liable for delays caused by events beyond our reasonable control.
• We send notices to your account email address. Send notices to us at hello@spokk.io.
• If a provision is found unenforceable, the rest of these Terms still applies. Not enforcing a provision is not a waiver of it.
• We are independent contractors. Nothing in these Terms creates a partnership or agency.
• You must comply with export control and sanctions laws when you use the Services.
• We may sign agreements and communicate with you electronically.

Spokk US, Inc.
651 N Broad St, Suite 201, Middletown, DE 19709, United States
hello@spokk.io