Terms and Conditions

AGREEMENT TO OUR LEGAL TERMS

We are McGuane Solutions LLC ("Company," "we," "us," "our"), a company registered in Ohio, United States.

We operate the website mcguanesolutions.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

McGuane Solutions is a local visibility and reputation management service designed to help businesses improve their online presence, generate authentic customer reviews, and rank higher in local search results. Our services include: automated review request campaigns delivered via SMS and email; Google Business Profile optimization and ongoing management; review monitoring and response management; and local search visibility consulting.

You can contact us by phone at (513) 560-4220 or by email at [email protected].

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and McGuane Solutions LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

TABLE OF CONTENTS

1. Our Services
2. Intellectual Property Rights
3. User Representations
4. User Registration
5. Purchases and Payment
6. Subscriptions
7. Prohibited Activities
8. Services Management
9. Privacy Policy
10. Term and Termination
11. Governing Law
12. Dispute Resolution
13. Disclaimer
14. Limitations of Liability
15. Indemnification
16. SMS Text Messaging
17. Client Responsibilities
18. Messaging Content and Automation
19. Data Use and Storage
20. Service Limitations and No Guarantees
21. Termination and Suspension
22. Referral Program Terms
23. Miscellaneous
24. Contact Us

1. OUR SERVICES

McGuane Solutions LLC provides local visibility and reputation management services to small businesses, primarily in the home services, trades, and local service industries. Our core services include automated review request campaigns, Google Business Profile optimization, review response management, and local search ranking improvement.

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation. Those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

2. INTELLECTUAL PROPERTY RIGHTS

We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, text, photographs, and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws in the United States and around the world.

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services solely for your internal business purposes. No part of the Services and no Content or Marks may be copied, reproduced, republished, uploaded, publicly displayed, translated, transmitted, distributed, sold, or otherwise exploited for any commercial purpose without our express prior written permission.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information; (3) you have the legal capacity to agree to these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not use the Services for any illegal or unauthorized purpose; and (6) your use of the Services will not violate any applicable law or regulation.

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

We accept the following forms of payment: Visa, Mastercard, American Express, Discover, and other major payment methods as made available through our payment processor.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. All payments shall be in US dollars. We may change prices at any time with reasonable notice.

6. SUBSCRIPTIONS

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.

Cancellation

You can cancel your subscription at any time by contacting us directly at (513) 560-4220 or [email protected]. Your cancellation will take effect at the end of the current paid billing term unless otherwise specified. If you have any questions or are unsatisfied with our Services, please contact us.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law with at least 30 days advance notice.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
• Circumvent, disable, or otherwise interfere with security-related features of the Services
• Use the Services in a manner inconsistent with any applicable laws or regulations
• Upload or transmit viruses, Trojan horses, or other harmful material
• Attempt to impersonate another user or person
• Interfere with, disrupt, or create an undue burden on the Services or the networks connected to the Services
• Use the Services to send unsolicited communications to individuals who have not consented to receive them
• Use the Services to send communications that violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or any other applicable communications law
• Upload or provide contact information of individuals who have not given explicit prior consent to receive SMS or email communications
• Use the Services as part of any effort to compete with us or otherwise use the Services for any unauthorized revenue-generating commercial enterprise

8. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) in our sole discretion, refuse, restrict access to, or disable any portion of the Services; and (4) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

9. PRIVACY POLICY

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

10. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to deny access to and use of the Services to any person for any reason, including for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation. We may terminate your use or participation in the Services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.

11. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Ohio applicable to agreements made and to be entirely performed within the State of Ohio, without regard to its conflict of law principles.

12. DISPUTE RESOLUTION

Any legal action, claim, or dispute arising out of or relating to these Terms, the Services, or the relationship between you and McGuane Solutions LLC shall first be attempted to be resolved through good faith negotiation between the parties. If negotiation fails, disputes shall be resolved by binding arbitration under the rules of the American Arbitration Association (AAA). The arbitration shall take place in Hamilton County, Ohio. Each party shall bear its own attorneys' fees unless the arbitrator awards them to the prevailing party. The arbitration award is final and binding and may be enforced in any court of competent jurisdiction.

YOU AGREE THAT ANY ARBITRATION OR COURT PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY, NOT A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION.

13. DISCLAIMER

The services are provided on an as-is and as-available basis. You agree that your use of the services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the services' content and will assume no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials, any personal injury or property damage resulting from your access to and use of the services, or any unauthorized access to or use of our secure servers.

14. LIMITATIONS OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages. Our liability to you for any cause whatsoever will at all times be limited to the lesser of the amount paid by you to us during the one (1) month period prior to any cause of action arising or $500.00 USD.

15. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services.

You represent and warrant that you will only upload, import, or otherwise provide to McGuane Solutions LLC contact information of individuals who have given their explicit prior written or verbal consent to receive communications through our service. You are solely responsible for ensuring that all individuals on any contact or customer list you provide have validly consented and have not withdrawn consent or opted out of receiving such communications. You agree to defend, indemnify, and hold harmless McGuane Solutions LLC from and against any and all claims arising out of or related to any breach of the foregoing obligations, including but not limited to claims arising from lack of consent, opt-out violations, or legal compliance breaches under the TCPA, CAN-SPAM Act, or any similar federal, state, or international laws.

16. SMS TEXT MESSAGING

Program Description

McGuane Solutions LLC sends automated SMS messages on behalf of its business clients to those clients' end customers for the purpose of requesting Google reviews and service feedback. All SMS messages are sent to individuals who have provided prior express consent to receive such communications from the client business.

Consent and Opt-In

By providing a phone number and agreeing to receive SMS communications from a McGuane Solutions client business, you consent to receive automated text messages from that business regarding your recent service experience, including a direct link to leave a Google review. Consent is not a condition of purchase of any goods or services. Message frequency varies based on service interactions, typically one to two messages per service visit.

Opt-Out

You may opt out of receiving SMS messages at any time by replying STOP to any message you receive. After sending STOP, you will receive one additional message confirming that you have been unsubscribed and will no longer receive SMS messages from that sender. If you wish to opt back in, you may reply START at any time.

Help

For help or more information about our SMS program, reply HELP to any message or contact us at (513) 560-4220 or [email protected].

Message and Data Rates

Message and data rates may apply. The rates are determined by your mobile carrier and the specifics of your mobile plan. McGuane Solutions LLC is not responsible for any charges incurred by your mobile carrier.

Supported Carriers

Our SMS program is supported by all major US carriers including but not limited to AT&T, Verizon, T-Mobile, Sprint, US Cellular, and their MVNOs. Carrier support is not guaranteed for all carriers.

Privacy

Mobile phone numbers and opt-in data collected in connection with our SMS program will not be shared with or sold to third parties for their own marketing purposes. Phone numbers are used solely for the purpose of delivering the review request messages described above on behalf of the client business.

Toll-Free Number Usage

McGuane Solutions LLC may use toll-free telephone numbers to deliver SMS messages on behalf of client businesses. These toll-free numbers are registered and verified in compliance with all applicable carrier requirements, including toll-free verification requirements of major US telecommunications carriers. All toll-free SMS sending is conducted in accordance with CTIA guidelines and applicable federal and state telecommunications regulations.

17. CLIENT RESPONSIBILITIES

Clients who engage McGuane Solutions LLC to send SMS or email communications to their customers agree to the following obligations:

Obtain and Maintain Consent

You must have explicit prior permission from each end customer before McGuane Solutions LLC sends them any SMS or email communication on your behalf. Prior to uploading or providing any end customer contact information to our service, you will have obtained all necessary and legally required consents, including compliance with opt-in requirements under the Telephone Consumer Protection Act (TCPA) for US text messages. If an end customer revokes consent or opts out, you are responsible for updating your records and notifying McGuane Solutions LLC to cease messages to that individual immediately.

Compliance with Data Privacy Laws

You are responsible for adhering to all applicable data protection and privacy laws in relation to the end customer data and communications you provide. This includes without limitation the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the California Consumer Privacy Act (CCPA), Canada's Anti-Spam Legislation (CASL) if applicable, and any other applicable federal, state, or international laws regarding personal data, privacy, or electronic communications.

Accurate Data and Lawful Use

You are responsible for the accuracy, quality, and legality of the end customer contact information you provide to McGuane Solutions LLC. You will only upload or provide data that has been collected lawfully and is current. You must not use the Services to send messages to any phone number or email address that is on a do-not-contact list or that belongs to individuals who have not consented.

Verbal Opt-In Documentation

Where end customers provide verbal consent at the point of service to receive a follow-up SMS review request, clients are responsible for documenting that verbal consent through their customer intake process. By submitting a customer's contact information to McGuane Solutions LLC, the client represents and warrants that the verbal or written consent of that individual has been obtained.

Regulatory Compliance

It is the client's duty to ensure that its use of the Services complies with all applicable laws. McGuane Solutions LLC provides the tools and messaging infrastructure, but the client must ensure that the actual use of those tools meets legal standards applicable to their specific industry, customer base, and jurisdiction. The client is strongly encouraged to consult legal counsel to ensure compliance. The client will be solely responsible for any legal consequences arising from improper use of the Services or failure to comply with applicable laws.

18. MESSAGING CONTENT AND AUTOMATION

By using the Services, the client acknowledges and authorizes McGuane Solutions LLC to send SMS messages, emails, and other electronic communications to end customers on the client's behalf. These messages appear to come from the client's business and are intended to request a review or feedback about a recent service experience.

McGuane Solutions LLC utilizes pre-approved message templates and a standard follow-up schedule as part of the default service configuration. By not modifying these defaults, the client gives approval for their use. Clients may customize message content, timing, and follow-up cadence through their account settings. Clients bear full responsibility for any custom message content they create and must ensure any modifications comply with applicable laws.

McGuane Solutions LLC is not liable for any issues arising from the messages sent on behalf of clients, including any claims that the messages were misleading, unsolicited, harassing, or otherwise in violation of a recipient's rights or any law. Clients should carefully review all message content to ensure it is accurate, appropriate, and lawful.

19. DATA USE AND STORAGE

McGuane Solutions LLC securely stores client account data and related information for as long as reasonably necessary to provide services, comply with legal obligations, or maintain legitimate business interests. When a client cancels their account, McGuane Solutions LLC does not automatically delete the client's data, allowing clients to easily reactivate and regain access to historical information. Clients may submit a written request to permanently delete all personal and account data from our systems.

Mobile phone numbers and end customer contact information provided to McGuane Solutions LLC will not be sold or shared with third parties for their own marketing purposes. Contact data is used solely to deliver review request communications on behalf of the client and to maintain service records.

20. SERVICE LIMITATIONS AND NO GUARANTEES

McGuane Solutions LLC does not and cannot guarantee any specific results from the Services. By using the platform to request reviews, you may increase the likelihood of receiving feedback from your customers, but McGuane Solutions makes no promise regarding the number of reviews that will be obtained, the content or ratings of those reviews, or any specific improvement in your online reputation or search ranking. End customers retain full discretion on whether to respond to a review request and what feedback to provide.

McGuane Solutions LLC does not engage in review gating — we do not selectively send review invitations only to happy customers while excluding unhappy ones. All end customers provided by the client are treated equally in the solicitation process, and the client should be prepared to receive honest feedback which may include negative reviews.

The Services are provided on an "as is" and "as available" basis. There may be occasional maintenance downtime, technical issues, or outages affecting message delivery. SMS delivery depends on telecommunications carriers; email delivery depends on internet service and email providers; integrations with Google depend on Google's APIs being available. McGuane Solutions LLC will make commercially reasonable efforts to ensure high availability but does not guarantee uninterrupted service.

21. TERMINATION AND SUSPENSION

Clients may terminate their subscription at any time by contacting McGuane Solutions LLC directly. Unless otherwise specified, termination will be effective at the end of the current billing period. Clients are responsible for exporting any data they wish to retain prior to termination.

McGuane Solutions LLC reserves the right to suspend or terminate client access to the Services if the client breaches any material term of these Terms, violates any law or regulation, uses the Service in a manner that poses a security risk, or abuses the platform. In most cases, McGuane Solutions LLC will attempt to provide notice of any suspension or termination. However, in urgent cases involving flagrantly illegal activity or security threats, access may be suspended immediately without prior notice.

Upon termination, the client's right to access or use the Services will cease and McGuane Solutions LLC will stop all further automated communications to end customers on the client's behalf.

22. REFERRAL PROGRAM TERMS

McGuane Solutions LLC may offer referral rewards or promotional incentives from time to time. Unless otherwise stated in writing, referral rewards are only issued when both the referring client and the referred business become active paying subscribers in good standing at the time the reward is issued. Referral rewards are not available for trial accounts, inactive accounts, or accounts with overdue balances. Self-referrals are not permitted. McGuane Solutions LLC reserves the right to deny, revoke, or reverse any referral reward if the referral is determined to be fraudulent, abusive, or in violation of these Terms. McGuane Solutions LLC may modify, suspend, or terminate the referral program at any time without prior notice.

23. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time. If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services.

McGuane Solutions LLC reserves the right to modify or update these Terms at any time. If a change is made, we will provide reasonable notice either by email or by posting a notice within the Service. Your continued use of the Services after the effective date of updated Terms constitutes your acceptance of the changes.

24. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

McGuane Solutions LLC
Harrison, Ohio 45030
United States
Phone: (513) 560-4220
Email: [email protected]