Review requests: product terms

1. Who we are, and who you are

The service is provided by Omnipresent (Momentum Media LLC, dba Omnipresent Marketing), San Diego, CA. In these terms "we" and "us" mean Omnipresent.

"You" means the business that signs up and pays for the service. "Your customer" means a person who bought from you or hired you, whose name, phone number, or email address you put into the service so we can ask them for a review on your behalf.

2. What the service does

We send review requests to your customers on your behalf, by text message and email. A request names your business and carries a link that goes straight to your Google review page. We do not screen, filter, or hold back a request based on how happy we think the customer is. We do not moderate, remove, or respond to reviews for you, and we are not a reputation management service.

Texts we send for you go out from a toll-free number verified with the carriers in your own business name and used only for your account. They carry "Powered by Omnipresent" and a link on omnipresent.app, because the carrier rules require the sending platform to be identified.

3. You authorize us to send on your behalf

By using the service you authorize us to send text messages, MMS messages, and emails to your customers on your behalf, under your business name. You also authorize us to connect to the accounts you link, such as your Google Business Profile and any CRM or automation tool you connect, and to use those connections only to run this service for you.

We act as your service provider. The messages are yours. We are the tool that sends them.

4. Consent is your responsibility

You warrant that every person whose contact details you upload, add, import, or send to us through an integration has given you the consent required by law to be contacted that way, and has not withdrawn it. That includes consent to receive text messages under the Telephone Consumer Protection Act and consent to receive email under the CAN-SPAM Act, plus any state or local rule that applies to you.

You must not upload a number or address that is on a do-not-contact list, that came from a purchased or scraped list, or that belongs to someone who asked you to stop. If a customer withdraws consent by any route, including telling you directly, you must mark them as do not contact in the portal so we stop.

The consent wording we publish for you to use on your intake forms, estimates, and invoices is on the SMS consent page.

5. Indemnity for consent failures

You agree to defend, indemnify, and hold harmless Omnipresent, Momentum Media LLC, and its officers, employees, and contractors from any claim, demand, penalty, fine, loss, or cost, including reasonable legal fees, that arises out of:

• contact details you provided without the consent required by law;
• a message sent to someone who had already opted out or asked you to stop;
• message content you wrote or customized;
• any other use of the service by you, your staff, or anyone using your account, that breaks a law or these terms.

This survives cancellation of your account.

6. Message content and default scripts

The service ships with default message scripts and a default schedule: an initial request after a completed job, then follow-ups a few days apart, sent only inside your local business hours window, and stopped early if the customer clicks or replies. You can see and change all of it in the portal.

If you do not change the defaults, you agree the default scripts and schedule are approved by you for sending to your customers. If you do change them, the wording and the timing are yours and you are responsible for them.

Messages must ask for honest feedback. You may not offer anything of value in exchange for a review, condition a request on the customer being happy, or send anything through the service that is not a review request. We may refuse or stop a send that breaks this section or a carrier rule.

7. Opt-outs

A customer who replies STOP to a text is suppressed from texts for your account immediately. A customer who uses the unsubscribe link in an email is suppressed from email. Text and email are separate channels, so an opt-out on one does not automatically end the other. You must not re-upload a suppressed contact or route around a suppression.

8. Plan limits

Plans are $99, $179, and $279 per month, or the annual price shown on the pricing page. Each plan includes a set number of review requests per month. The number for your plan is shown on the pricing page and on the billing screen in your portal. A request means the first message to a customer in a calendar month. Follow-ups to that same customer do not count again.

When you reach your monthly limit we stop sending until the next calendar month or until you move up a plan. Annual billing is the same service paid once a year at the annual price shown on the pricing page.

9. Free trial, billing, and the guarantee

New accounts get a 10-day free trial. We collect a card at signup and charge nothing at the time. Your card is charged when the 10-day trial ends unless you cancel from the Billing page first. After that the plan renews automatically each period until you cancel.

We offer a 30-day money-back guarantee on your first paid month. Email us inside 30 days of that first charge and we refund it.

If a card fails we mark the account past due, stop sending, and email you to update the card. You can update the card, change plan, and download invoices from the billing screen in the portal.

10. Cancellation

You can cancel at any time from the billing screen. Cancellation takes effect at the end of the period you have already paid for. The service keeps running until then, and we do not prorate a partial period. We can suspend or end an account that does not pay, breaks these terms, or puts our sending numbers at risk with the carriers.

11. Your data, and how long we keep it

The customer contact details you put into the service stay yours. We use them only to run the service for you: to send the requests, to record sends, clicks, replies, and opt-outs, and to show you the results. We do not sell them and we do not market to your customers for ourselves.

While your account is open we keep your account data and your contact records. When you cancel, we keep them for 12 months so you can come back without losing your history, then archive them. You can ask us at any time for an export of your contacts and your send history, and we send it as a CSV. You can also ask us to delete your data permanently, and we do that instead of waiting out the 12 months, except for the billing records we have to keep.

12. No guarantee of results

We do not promise any number of reviews, any rating, or any effect on your ranking or your revenue. Your customers decide whether to respond and what to write. Asking for reviews means you will get honest ones, and some of them may be critical. We will not remove or hide a review for you, and we never gate a request based on predicted sentiment, because Google prohibits it.

The service depends on things outside our control, including carrier delivery, email delivery, and Google's own systems. We work to keep it running and we do not warrant that it will be uninterrupted or error free.

13. Changes to these terms

If we change these terms we will email the address on your account before the change takes effect. Continuing to use the service after that date means you accept the change. If you do not, cancel before it takes effect.

14. Contact

Momentum Media LLC, dba Omnipresent Marketing. San Diego, CA. blake@omnipresent.app