Terms of Use

1. Definitions

• "ReachCloser," "we," "us" or "our" means TNETIC, Inc., an Illinois corporation, which offers ReachCloser.
• "Service" means the ReachCloser platform, AI Customer Growth Agent, website at reachcloser.com, and related software, features and support.
• "Client," "you" or "your" means the business that creates an account or subscribes to the Service, and anyone using the Service on its behalf.
• "End Customer" means a customer or prospective customer of yours whose information is used in, or who receives messages through, the Service.
• "Client Content" means information you or your End Customers provide to the Service, including customer lists, visit history, messages, feedback, offers, business details and settings.
• "AI Output" means messages, replies, summaries, suggestions and other content generated by the Service using artificial intelligence.
• "Technology Provider" means the third party from which we license the software platform that powers the Service.

2. Acceptance of these terms

By creating an account, subscribing to a plan or otherwise using the Service, you agree to these Terms of Use and our Privacy Policy. If you are accepting on behalf of a business, you confirm that you have authority to bind that business. If you do not agree, do not use the Service.

The Service is intended for businesses. You must be at least 18 years old to use it.

3. The Service

ReachCloser is an AI Customer Growth Agent that follows up with your customers on your behalf to collect feedback, request reviews, invite social media follows, bring customers back with reminders and offers, and request referrals. Messages are sent through the channels you connect. We currently support WhatsApp, SMS and email, and LinkedIn is in development. We may add or change supported channels over time.

Features vary by plan, as described on our Pricing page. We may add, change or remove features over time. If we remove a feature that is material to your plan, we will give you reasonable notice.

4. Our technology and licensing

The software platform behind the Service is licensed to us by our Technology Provider. By using the Service, you acknowledge that:

• You receive the Service from ReachCloser, and your agreement is with ReachCloser only. You have no contract with, and no direct rights against, the Technology Provider.
• The Technology Provider and its licensors own the underlying software. Nothing in these terms gives you any ownership of or license to that software beyond your right to use the Service.
• The Technology Provider hosts and operates parts of the Service and processes Client Content on our behalf as a subprocessor, as described in our Privacy Policy.
• Availability, features and performance of the Service depend in part on the Technology Provider and its providers, such as hosting and AI model providers. We may change technology providers, as long as the Service continues to be provided under these terms.

5. Accounts

You must provide accurate account information and keep it up to date. You are responsible for keeping your login credentials secure, for all activity under your account, and for the actions of anyone you give access to. Tell us promptly at [email protected] if you suspect unauthorized access.

6. Plans, billing and cancellation

6.1 Plans and customer limits

Each plan includes the features and number of customers shown on our Pricing page: up to 500 customers on Starter, up to 1,500 on Growth and up to 5,000 on Pro. If you exceed your plan's limit, we will ask you to move to a plan that fits your customer list.

6.2 Billing

Subscriptions are billed in advance on a monthly or annual basis. Annual plans are priced at 11 times the monthly price, giving you one month free. Your subscription renews automatically at the end of each billing period unless you cancel. You authorize us and our payment processor to charge your payment method for all fees and applicable taxes.

6.3 Price changes

We may change our prices. We will give you at least 30 days' notice before a price change applies to you, and it will take effect at the start of your next billing period.

6.4 Cancellation and refunds

You can cancel at any time in your account settings or by contacting us. Cancellation takes effect at the end of your current billing period, and you keep access until then. Fees are non-refundable, including for partial billing periods and unused customer capacity, except where required by law.

6.5 Non-payment

If fees are not paid when due, we may suspend or terminate your access to the Service.

6.6 Messaging costs

Channel infrastructure costs and third-party platform fees, such as carrier or messaging app fees, may be billed by us or passed through to you at cost.

7. Your messaging responsibilities

ReachCloser sends messages on your behalf and in your name. You are responsible for making sure every message sent through your account is lawful and permitted. In particular, you agree to:

• Obtain and keep records of all consents required by law before any End Customer is messaged, including prior express written consent for marketing text messages where required.
• Comply with all laws and rules that apply to your messages, which may include the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, state telemarketing and "mini-TCPA" laws, Canada's Anti-Spam Legislation (CASL), data protection laws, and wireless carrier and industry guidelines.
• Comply with the policies of each messaging channel you use, including WhatsApp Business and Meta policies, wireless carrier rules, email provider policies and, once available, LinkedIn policies.
• Only upload contact information you have the right to use for the purposes you use it for.
• Honor opt-out requests promptly, on every channel where the law requires it. You must not re-add or message anyone who has opted out.
• Configure quiet hours and message frequency appropriately for your End Customers' time zones and applicable law.

We provide tools to help, such as opt-out handling, quiet hours and frequency limits, but these tools do not make you compliant on their own. We may pause or block messages that we reasonably believe violate the law, these terms or a channel's policies.

8. Reviews, offers and referrals

Review sites and consumer protection laws have strict rules about reviews and incentives. When using the Service, you agree:

• Not to write, buy or fake reviews, or ask anyone to post a review that does not reflect a genuine experience. The U.S. Federal Trade Commission's rule on consumer reviews and testimonials prohibits fake reviews and certain review practices.
• Not to condition offers, discounts or rewards on leaving a review or on a review's rating or content, where a review platform's rules or the law prohibit it. Many review sites, including Google, prohibit incentivized reviews.
• Not to selectively ask only satisfied customers for reviews where a platform prohibits it, and not to suppress or discourage negative reviews.
• To offer promotions and referral rewards honestly, with clear terms, and to honor them as described.
• To comply with each review site's and social network's terms, which you are responsible for knowing.

9. Acceptable use

You may not use the Service to:

• Send spam, unsolicited bulk messages, or messages to purchased, rented or scraped contact lists
• Send messages that are false, misleading, deceptive, harassing, hateful, sexually explicit or otherwise unlawful
• Impersonate any person or business, or misrepresent who a message is from
• Promote illegal products or services, or products and services prohibited by a channel's policies
• Collect sensitive information, such as payment card numbers, government ID numbers or health information, through conversations, except as the Service is designed to support
• Upload information about children under 13
• Interfere with, disrupt, probe or overload the Service, or attempt to access it in unauthorized ways
• Copy, reverse engineer, decompile or attempt to extract the source code or models of the Service or the Technology Provider's software
• Resell, sublicense or provide the Service to third parties, unless we agree in writing
• Use the Service to build a competing product

10. AI output and AI risks

10.1 No warranty for AI Output

AI Output is generated automatically and is provided "as is." AI can make mistakes, including stating incorrect facts, prices, hours or policies, misunderstanding a customer, or producing content you would not approve. We do not guarantee that AI Output will be accurate, complete or appropriate.

10.2 Your role

You are responsible for configuring your agent accurately, keeping your business information and offer rules current, reviewing conversations regularly, and using approval settings where appropriate. You are responsible for AI Output sent on your behalf as if you had sent it yourself.

10.3 Changing AI behavior

AI models are updated by their providers, and the Service's behavior may change over time. AI Output may reflect biases present in the underlying models. AI features depend on third-party model providers and may occasionally be unavailable.

10.4 Not professional advice

The Service is not designed to give medical, veterinary, legal, financial or other professional advice. You must not configure it to do so. Businesses such as vet clinics must make sure the agent directs clinical questions to qualified staff.

11. Third-party platforms

The Service connects with third-party platforms, such as messaging channels, review sites, social networks, and booking, POS and CRM systems. Your use of those platforms is governed by their own terms and policies. We are not responsible for third-party platforms, including changes to their features, pricing, policies or availability, and we are not liable if a platform limits, suspends or blocks your account or messages.

12. Data and privacy

Our Privacy Policy explains how we handle personal information. For Client Content that includes End Customer information, you are the controller and ReachCloser is your processor (or service provider). Our Technology Provider acts as our subprocessor. We process End Customer information only to provide the Service and as you instruct through your use of it.

You are responsible for providing any privacy notices to your End Customers that the law requires, and for having a lawful basis to share their information with us.

We may use aggregated or de-identified data that does not identify you or any End Customer to operate, analyze and improve the Service.

13. Intellectual property

Our property. The Service, including its software, design, text, graphics and the ReachCloser name and logo, is owned by ReachCloser, our Technology Provider or our licensors, and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription, in accordance with these terms.

Your content. You keep ownership of your Client Content. You grant us, and our Technology Provider and service providers acting on our behalf, a license to host, process, transmit and display Client Content as needed to provide and improve the Service.

AI Output. As between you and us, you may use AI Output generated for your account for your business.

Feedback. If you send us suggestions or feedback, we may use them without any obligation to you.

14. Term and termination

These terms apply from when you first use the Service until your account is closed. You may cancel as described in section 6.4.

We may suspend or terminate your access, with notice where reasonable, if you breach these terms, fail to pay, create legal or security risk, harm other users or End Customers, or cause a messaging channel to restrict our service.

You can export your Client Content before your account ends. After that, we retain and delete it as described in our Privacy Policy. Sections that by their nature should survive, including those on fees owed, intellectual property, disclaimers, limitation of liability, indemnification and governing law, survive termination.

15. Disclaimers

To the fullest extent permitted by law, the Service is provided "as is" and "as available," without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted, error-free or secure, or that it will produce any particular number of reviews, customers, referrals or revenue.

16. Limitation of liability

To the fullest extent permitted by law, neither ReachCloser nor our Technology Provider, licensors or service providers will be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data, goodwill or business opportunities, arising from or related to the Service or these terms, even if advised of the possibility of such damages.

Our total liability for all claims arising from or related to the Service or these terms will not exceed the amount you paid us for the Service in the 12 months before the event giving rise to the claim.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

17. Indemnification

You will defend, indemnify and hold harmless ReachCloser, our Technology Provider, and our and their officers, employees and agents, from any claims, damages, fines, penalties, losses and expenses (including reasonable legal fees) arising from: your Client Content; messages sent through your account, including claims under the TCPA or other messaging laws; your offers, promotions and referral rewards; your breach of these terms or of any law; or your violation of any third party's rights or a platform's policies.

18. Governing law and disputes

These terms are governed by the laws of the State of Illinois, without regard to its conflict of laws rules. Any dispute arising from these terms or the Service will be brought exclusively in the state or federal courts located in Kane County, Illinois, and you and we consent to the jurisdiction of those courts.

Before filing a claim, each party agrees to try to resolve the dispute informally by contacting the other and negotiating in good faith for at least 30 days.

19. Changes to these terms

We may update these terms from time to time. If we make material changes, we will notify you by email, through the Service dashboard or by posting the updated terms on our website at least 30 days before they take effect. By continuing to use the Service after changes take effect, you agree to the updated terms. If you do not agree, you may cancel before they take effect.

20. General

• Entire agreement. These terms, our Privacy Policy and any order form or agreement you sign with us are the entire agreement between you and ReachCloser about the Service.
• Severability. If any part of these terms is found unenforceable, the rest remains in effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Assignment. You may not assign these terms without our written consent. We may assign them in connection with a merger, acquisition or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including outages of our Technology Provider, hosting, AI or messaging providers.
• Notices. We may send notices to the email address on your account. You may send notices to the contact details below.
• Independent parties. You and ReachCloser are independent contractors. These terms create no partnership, agency or employment relationship.

21. Contact us

Questions about these terms? Contact us at: