TERMS AND CONDITIONS

AGREEMENT TO OUR LEGAL TERMS

These Terms of Service (the “Legal Terms” or “Terms”) are a legally binding agreement between you (whether individually or on behalf of an entity, “you,” “Client,” or “Customer”) and Obsidian Labs (“Obsidian Labs,” “Company,” “we,” “us,” or “our”), regarding your access to and use of our reputation automation software, related tools, websites, dashboards, templates, integrations, and any other products or services that reference these Terms (collectively, the “Services”).

Company Contact Information
Obsidian Labs
12001 Sunrise Valley Drive, Reston, VA 20191
Phone: 276-245-6428
Email: [email protected]

By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Legal Terms. IF YOU DO NOT AGREE, YOU ARE NOT AUTHORIZED TO USE THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

We may post supplemental terms, policies, or documents (including a Privacy Policy) on the Services from time to time, and such materials are incorporated by reference. We may update these Legal Terms at any time in our sole discretion by posting a revised version and updating the “Last updated” date. Your continued use of the Services after changes are posted constitutes acceptance of the revised Legal Terms.

The Services are intended only for users 18 years of age or older. If you are under 18, you may not use or register for the Services.

1. OUR SERVICES

The Services are designed to help businesses request, manage, and leverage customer feedback, reviews, and referrals through automation (including via SMS and email), templates, cadence settings, reporting, integrations, and related workflows.

The Services are not intended for use in jurisdictions where such use would violate law or subject us to registration requirements. If you access the Services from outside the United States, you do so at your own initiative and are solely responsible for compliance with local laws.

2. INTELLECTUAL PROPERTY RIGHTS

2.1 Our Intellectual Property

We own or license all intellectual property rights in the Services, including software, code, databases, functionality, designs, text, graphics, templates, workflows, and other content (collectively, “Content”), as well as our trademarks, logos, and service marks (collectively, “Marks”). The Content and Marks are protected by applicable intellectual property laws.

2.2 Limited License to You

Subject to your compliance with these Legal Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes during an active subscription/trial.

Except as expressly allowed in these Terms, you may not copy, reproduce, distribute, sell, sublicense, reverse engineer, or exploit any portion of the Services, Content, or Marks without our prior written consent.

Any breach of this Section is a material breach and may result in immediate suspension or termination.

2.3 Submissions & Feedback

If you send us suggestions, ideas, feedback, or other information about the Services (“Submissions”), you grant us a perpetual, irrevocable, worldwide, royalty-free right to use, modify, and incorporate such Submissions for any lawful purpose without compensation to you.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

Any registration and account information you provide is accurate and will remain accurate;

You have legal capacity to enter into these Terms and will comply with them;

You are at least 18 years old;

You will not use the Services for illegal, unauthorized, or abusive purposes;

You will not access the Services through automated or non-human means except as expressly permitted by us; and

Your use of the Services will not violate any applicable laws or third-party rights.

If you provide inaccurate information or violate these Terms, we may suspend or terminate access immediately.

4. ACCOUNT REGISTRATION & SECURITY

You may be required to create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account, whether authorized or not. Notify us immediately of any suspected unauthorized access.

We may reclaim, suspend, or change usernames, sub-accounts, or access identifiers in our sole discretion.

5. PURCHASES, BILLING & PAYMENT

5.1 Payments

You agree to provide current, complete, and accurate billing information and authorize us (and our payment processors) to charge your payment method for all fees, taxes, and other amounts due.

All fees are in U.S. dollars unless stated otherwise. We may change pricing at any time, and any changes will apply prospectively in accordance with applicable law and notice requirements.

5.2 No Chargeback Abuse

You agree not to initiate chargebacks or payment disputes for valid charges. If you do, we may suspend your account and recover our costs of responding (including reasonable attorneys’ fees and collection costs) to the extent permitted by law.

6. FREE TRIALS, SUBSCRIPTIONS & CANCELLATION

6.1 Free Trial

If you enroll in a free trial, you may receive access to the Services for a limited trial period. Unless you cancel before the trial ends, you authorize us to charge the payment method on file at the end of the trial and on a recurring basis thereafter according to your selected plan.

Trial eligibility, duration, and features may vary and may be modified or revoked by us at any time to the fullest extent permitted by law.

6.2 Subscription Renewal

Subscriptions automatically renew unless canceled. By subscribing, you authorize recurring charges without requiring separate approval for each renewal.

6.3 Cancellation

You may cancel at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current paid term. We do not provide prorated refunds except as expressly stated in these Terms.

7. 30-DAY MONEY-BACK GUARANTEE

We offer a 30-day money-back guarantee starting from the date of the first payment received (the “Guarantee Period”), subject to the following conditions:

You must submit your request in writing to [email protected] within the Guarantee Period.

The guarantee applies only to subscription fees paid to Obsidian Labs during the Guarantee Period, and excludes taxes, third-party fees, and pass-through costs.

We may deny refund requests where we reasonably determine there has been abuse, fraud, excessive chargebacks, policy violations, unlawful messaging activity, or material breach of these Terms.

This guarantee is your sole and exclusive remedy for dissatisfaction during the Guarantee Period.

8. PROHIBITED ACTIVITIES

You agree you will not:

Reverse engineer, decompile, or attempt to extract source code from the Services;

Circumvent, disable, or interfere with security features;

Scrape, harvest, or systematically extract data without written permission;

Use the Services to send unlawful, deceptive, harassing, or unsolicited communications;

Use the Services to violate platform policies (including review platform guidelines), applicable law, or third-party rights;

Resell, sublicense, or provide access to the Services to third parties except as expressly permitted in writing;

Upload malware, attempt unauthorized access, or disrupt the Services.

Violation may result in immediate suspension or termination without notice.

9. CLIENT DATA, END-CUSTOMER DATA & PRIVACY

9.1 Your Data

You retain ownership of data you submit to the Services, including contact lists and customer details (“Client Data”). You grant us a limited right to use Client Data solely to provide, maintain, and improve the Services, enforce these Terms, and comply with law.

9.2 Data Security & Backups

We implement commercially reasonable security measures, but no system is 100% secure. You are responsible for maintaining backups of your Client Data. We are not liable for loss or corruption of data except to the extent required by applicable law.

9.3 Data Retention & Deletion

After cancellation, we may retain account data for a commercially reasonable period for reactivation, compliance, security, backups, and legitimate business purposes. You may request deletion in writing; we will take reasonable steps to comply subject to legal and operational requirements.

10. MESSAGING, CONSENT, AND COMPLIANCE (CRITICAL)

10.1 You Are Solely Responsible for Compliance

You (not Obsidian Labs) are solely responsible for ensuring that all communications sent through or enabled by the Services comply with all applicable laws, regulations, and industry rules, including but not limited to:

TCPA (Telephone Consumer Protection Act) and state analogs,

CAN-SPAM and similar email marketing laws,

CASL (Canada) where applicable,

Privacy and data protection laws (including CCPA/CPRA, GDPR where applicable),

Carrier, aggregator, and messaging provider policies,

Any platform policies for review sites.

10.2 Consent Requirements

You represent and warrant that you have obtained (and will maintain) all necessary consents, permissions, and lawful bases to:

collect, store, and upload End-Customer data,

send SMS/MMS and email communications,

use automation and cadence settings,

and honor opt-outs and revocations of consent.

You are responsible for verifying consent and maintaining records of consent.

10.3 Authorization to Send on Your Behalf

You authorize Obsidian Labs to transmit messages on your behalf using the sender identity information you provide (business name, phone number, email domain, etc.). You acknowledge and agree that message content, timing, and recipient selection are your responsibility, whether you use default templates or custom templates.

10.4 Opt-Out Handling

The Services may support opt-out mechanisms (e.g., “STOP” for SMS, unsubscribe links for email). You remain responsible for ensuring opt-outs are honored across your systems and that contacts are not re-uploaded or re-messaged unlawfully.

10.5 No Liability for Message Outcomes

We are not responsible for complaints, negative reviews, lost customers, deliverability issues, carrier filtering, blacklisting, platform penalties, or any reputational impact arising from your outreach activity.

11. THIRD-PARTY SERVICES, INTEGRATIONS & PLATFORM CHANGES

The Services may integrate with third-party platforms (CRMs, email providers, SMS providers, Google Business Profile, etc.). Third parties are not under our control, and we are not responsible for:

outages, API changes, policy changes, suspensions, bans, or limitations imposed by third parties,

your failure to maintain valid credentials, tokens, or permissions,

fees charged by third parties.

Use of third-party services is at your own risk and subject to those third parties’ terms.

12. SERVICE LIMITATIONS; NO GUARANTEES

12.1 No Guaranteed Results

We do not guarantee any specific number of reviews, referrals, leads, rankings, revenue, ratings, or outcomes. Any examples or projections are illustrative only.

12.2 Not Legal Advice; Not Compliance Monitoring

We do not provide legal advice, and we do not audit or certify your compliance. You are encouraged to consult your own counsel.

12.3 Availability

The Services may be unavailable from time to time due to maintenance, outages, third-party failures, or other issues. We do not guarantee uninterrupted operation.

13. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED IMMEDIATELY.

14. LIMITATION OF LIABILITY (VERY IMPORTANT)

TO THE FULLEST EXTENT PERMITTED BY LAW:

IN NO EVENT WILL OBSIDIAN LABS OR ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE LESSER OF (A) THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) $500.00.

Some jurisdictions do not allow certain limitations; in those jurisdictions, liability will be limited to the maximum extent permitted by law.

15. INDEMNIFICATION (YOU PROTECT US)

You agree to defend, indemnify, and hold harmless Obsidian Labs and our owners, officers, employees, contractors, agents, and affiliates from and against any and all claims, demands, actions, damages, losses, liabilities, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

your use of the Services,

your Client Data and End-Customer data,

your messages, cadence settings, templates, and campaign decisions,

failure to obtain or honor consent or opt-outs,

alleged violations of TCPA, CAN-SPAM, CASL, privacy laws, or similar rules,

your breach of these Terms,

or your violation of any third-party rights or platform policies.

We may assume exclusive defense and control of any matter subject to indemnification, at your expense, and you agree to cooperate.

This Section survives termination.

16. SUSPENSION, TERMINATION & ENFORCEMENT

We may, in our sole discretion, suspend, restrict, or terminate your access to the Services at any time, with or without notice, including if we believe you:

violated these Terms,

engaged in unlawful or high-risk messaging,

created risk to carriers, providers, our infrastructure, or third parties,

failed to pay amounts due,

or may expose us to liability.

If we terminate for cause, you are not entitled to refunds for unused periods (except where required by law).

17. ELECTRONIC COMMUNICATIONS & SIGNATURES

You consent to receive communications from us electronically (email, in-app notices, and postings). You agree that electronic agreements, notices, disclosures, and signatures satisfy any legal requirements that such communications be in writing.

18. GOVERNING LAW

These Legal Terms and any dispute arising out of or related to them or the Services are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles.

19. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER

19.1 Mandatory Binding Arbitration

Except for claims that qualify for small claims court (if applicable) or claims seeking injunctive relief related to intellectual property or unauthorized access, any dispute, claim, or controversy arising out of or related to these Terms or the Services shall be resolved by binding arbitration, not in court.

19.2 Class Action Waiver

YOU AND OBSIDIAN LABS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

19.3 Time Limit to Bring Claims

To the fullest extent permitted by law, any claim must be brought within one (1) year after the claim arises, or it is permanently barred.

(If you want, I can tailor arbitration specifics: provider (AAA/JAMS), location (Fairfax County), and allocation of fees.)

20. CORRECTIONS

We may correct errors, inaccuracies, or omissions in the Services at any time without notice.

21. MISCELLANEOUS

Entire Agreement: These Legal Terms, plus any policies incorporated by reference, constitute the entire agreement.

Severability: If any part is unenforceable, the remainder remains in effect.

Assignment: You may not assign your rights or obligations without our prior written consent. We may assign freely.

No Waiver: Our failure to enforce any provision is not a waiver.

Independent Contractors: Nothing creates a partnership, employment, franchise, or agency relationship.

Force Majeure: We are not liable for delays or failures due to events beyond our reasonable control.

22. DEFINITIONS

For purposes of these Terms:

“Client” / “Customer” means you, the business using the Services.

“End Customer” means your customer/lead whose contact info you upload or sync for outreach.

“Client Data” means data you provide, including End Customer information.

“Services” means the Obsidian Labs Review & Referral Engine and related features, integrations, tools, templates, and reporting.

23. CONTACT US

Questions, complaints, or requests should be sent to:

Obsidian Labs
12001 Sunrise Valley Drive, Reston, VA 20191
Phone: 276-245-6428
Email: [email protected]