Terms of Service
1. Acceptance of Terms
By using InteractXP's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, Acceptable Use Policy, and (for paid services) the Service Agreement. These terms apply to all users, customers, and visitors to our platform. We reserve the right to modify these terms; material changes will be communicated via email or in-platform notice and continued use following such notice constitutes acceptance.
2. Description of Services
InteractXP provides done-for-you AI marketing services to restaurants and their operators, including:
- Google Business Profile optimization and management
- Reputation management and review monitoring
- Automated review-request campaigns (SMS and email) on behalf of restaurant clients
- SMS broadcast campaigns to opt-in subscribers
- AI-powered inbound phone agents for restaurant clients (Ignite and Amplify tiers)
- AI-powered website chatbots for restaurant clients (optional paid add-on)
- Viral giveaway / promotional campaigns
- Multi-location management for restaurant chains (per-location billing applies)
- Analytics and performance reporting
Service-tier inclusions and price details are governed by the Service Agreement and the /services pages at the time of contract signing.
3. Payment Terms
Billing: Services are billed on a monthly basis according to your selected service tier. Invoices are issued on the first day of each billing cycle and are due within 30 days unless otherwise specified in your service agreement.
Failed Payments: If a payment fails, you will be notified. We will attempt to retry the payment up to three times over a 10-day period. If payment is not received after this period, we reserve the right to suspend your access to services until payment is received.
Refunds: InteractXP does not offer refunds for services already rendered. Specific guarantees (e.g., the GBP Audit five-improvements guarantee, the Spark 60-day Review-Activity Guarantee) are described in the Service Agreement and govern where they conflict with this section.
4. Cancellation Policy
You may cancel your service at any time with 30 days' written notice to support@interactxp.com. Your access will continue through the end of the current billing cycle, after which your account will be deactivated. No refunds will be issued for the current billing period. Upon cancellation, your data will be retained for 90 days before permanent deletion.
5. Limitation of Liability
To the fullest extent permitted by law, InteractXP shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, even if advised of the possibility of such damages. Our total liability for any claim arising from the use of our Services is limited to the amount you paid us in the 30 days preceding the claim. This limitation does not apply to liability arising from gross negligence, willful misconduct, or fraud, which shall not be subject to this limitation.
6. Your Responsibilities
As a user of InteractXP, you agree to:
- Provide accurate and complete information about your restaurant and business
- Grant necessary access to your Google Business Profile and social media accounts
- Approve content before it is published on your behalf
- Maintain confidentiality of your login credentials and account information
- Use the service only for lawful purposes and in accordance with these terms and our Acceptable Use Policy
- For SMS campaigns: ensure your customers have provided prior express written consent before we contact them on your behalf, and provide us with proof of that consent on request
7. Intellectual Property
You retain all ownership rights to your restaurant name, branding, and original content. InteractXP retains ownership of its platform, tools, templates, strategies, and any work product created using our proprietary methodologies. You are granted a non-exclusive, non-transferable license to use InteractXP's services for your business during the term of your agreement.
8. User-Generated Content
If you post comments, ratings, votes, or other content on our blog or platform, you grant us a non-exclusive, royalty-free license to display that content as part of the platform. You are responsible for what you post. We reserve the right to remove content that violates our Acceptable Use Policy, infringes a third party's copyright, or otherwise violates law. To submit a copyright takedown notice under the Digital Millennium Copyright Act, contact our designated DMCA agent at /legal/dmca.
Reviews of restaurants on third-party platforms (Google, Yelp, Facebook, etc.) are governed by those platforms' rules, not by these Terms.
9. AI Disclosures and Automated Communications
Some InteractXP features are powered by AI. We disclose this so you can make an informed choice:
- AI inbound phone (Thoughtly): Calls answered by our AI phone agent are handled by an automated assistant and may be recorded for quality and training purposes. Where state law requires, the recording and the automated nature of the call are disclosed at the start of the call. Callers may request a human at any time.
- AI website chatbot (EzeChats / Aminos.ai): The chatbot is identified as automated. It may misunderstand complex requests; a human can be reached via the contact options on the page.
- AI-assisted drafting: Some review responses, social posts, and reports are drafted with AI assistance and reviewed by a human before being sent or published.
Outbound SMS sent through InteractXP follows TCPA prior-express-written-consent requirements. Recipients may reply STOP at any time to opt out, and we honor the opt-out within the time required by FCC rules. We are not responsible for SMS sent by our clients independently of our compliance pipeline.
10. Reviews and Feedback Routing
For our reputation-management service, we may use a triage workflow to make it easier for satisfied customers to leave a public review on Google, Yelp, or another third-party platform, and to make it easier for unsatisfied customers to send private feedback to the restaurant. The customer always retains full ability to post a public review on any third-party platform; we do not prevent, suppress, hide, or remove existing reviews. Restaurants receive all feedback regardless of star rating. This triage approach is consistent with the FTC Trade Regulation Rule on the Use of Consumer Reviews and Testimonials (16 CFR Part 465, effective October 21, 2024).
11. Confidentiality
Both parties agree to maintain the confidentiality of proprietary information shared during the course of service. InteractXP will not disclose your business information, financial data, or strategy to third parties except as required by law, with your written consent, or to the sub-processors disclosed in our Sub-Processors list (each bound by their own confidentiality terms).
12. Governing Law
These Terms of Service are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. You irrevocably submit to the exclusive jurisdiction of the Supreme Court of the State of New York, New York County, and the United States District Court for the Southern District of New York, and waive any objection to venue or the doctrine of forum non conveniens in those courts.
13. Changes to Terms
InteractXP reserves the right to update or modify these terms at any time. We will provide notice of material changes via email or through the platform. Your continued use of the service following such notice constitutes your acceptance of the updated terms.
14. Contact
For legal matters or questions about these Terms of Service, contact legal@interactxp.com. For account or service questions, contact support@interactxp.com. For all other inquiries, hello@interactxp.com.