1. Acceptance of Terms
By accessing or using Aclamia ("the Service"), you confirm that you are at least 18 years old and agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of a business, you represent that you have authority to bind that business to these Terms.
The Service is operated by Meritvance LLC, a Florida limited liability company ("Aclamia," "we," "us"). These Terms apply to every surface through which you access the Service: the web application at aclamia.com, our mobile applications, our browser extension, our APIs, and any website, digital menu, or other content published through the Service.
If you do not agree with these Terms, you must not use the Service.
2. Description of Service
Aclamia is an AI-powered growth platform for local businesses. Its flagship product helps business owners monitor, respond to, and request customer reviews on platforms such as Google Business Profile. The platform also offers, or may offer, additional product modules — including AI-assisted business websites ("Presence"), advertising creative and campaign tools ("Promotions & Ads"), and digital menus and print materials ("Menus & Flyers"). Each module may be sold separately, bundled into subscription plans, or offered in a limited or pre-release form, and may be subject to additional product-specific terms presented at the time of purchase or activation.
The Service does not provide legal, financial, medical, or professional advice. Any content generated by the AI is for informational and operational purposes only and should not be relied upon as professional advice. You are solely responsible for decisions made based on content produced by the Service.
Aclamia may add, modify, or discontinue features or product modules at any time. Where a change materially reduces the core functionality of a plan you have paid for, the notice provisions of Section 23 (Modifications) apply.
3. Beta, Pre-Release & 'Coming Soon' Features
From time to time we make features available that are labeled beta, preview, early access, or "coming soon" ("Beta Features"). Beta Features:
- Are provided as-is, may contain errors, and may change or be withdrawn at any time without notice.
- Are excluded from any availability commitment or goodwill credit under the Refund Policy.
- May be subject to additional terms presented when you enable them.
Feedback you provide about Beta Features is governed by the Feedback clause in Section 25 (Intellectual Property). Nothing in our marketing of upcoming products constitutes a commitment to deliver any feature by any date.
4. Account Registration & Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
You must notify us immediately at support@aclamia.com if you suspect unauthorized access to your account. Aclamia is not liable for losses resulting from unauthorized access caused by your failure to protect your credentials.
We recommend enabling two-factor authentication (2FA) on your account. Aclamia may require 2FA for high-privilege operations. You must not share your account credentials with third parties or create accounts on behalf of others without their knowledge and consent.
You agree to provide accurate and current registration information and to keep it up to date. Aclamia may suspend accounts registered with false information.
5. Subscription, Billing & Cancellation
Trial. Aclamia offers a free trial of the Pro tier, of the length shown on the pricing page, and no credit card is required to start it. If no payment method is on file when that trial ends, your account becomes read-only: you keep your account and all stored data, but automated features pause until you start a paid plan. Business and Agency plans may instead be offered with a free trial that requires a payment method at checkout, of the length shown at checkout. Unless you cancel before that card trial ends, your card is charged automatically for the first billing period; you can cancel at any time during the trial from the billing portal at no charge. A free trial is available once per person and per business, and the no-card trial and the card trial share that single allowance. A card trial is also not available if the device, the payment card or the email address has already been used for a trial, or if the payment method is not a card; in that case the trial ends as soon as it starts, the first billing period is charged at the plan's price, and we email you to explain why. Creating multiple accounts to extend or repeat trials is prohibited. The once-per-person rule applies to the free trial of every product that offers one, and each product's trial is counted on its own; the Presence trial is described under Website plans (Presence) below.
Paid plans. Paid subscriptions are billed in advance via Stripe, monthly or annually according to the billing cycle you select. Your subscription renews automatically at the end of each billing period — a monthly plan for a further month, an annual plan for a further year — until you cancel. An annual plan is displayed on the pricing page as its monthly equivalent and is charged as a single payment for the whole year. The price of each plan, and what it includes, are those shown on our pricing page; we notify price increases as described under Price changes below.
Cancellation. You may cancel your subscription at any time from the billing portal in your account settings. Upon cancellation, your subscription remains active and fully usable through the end of the current billing period — the month, or the year, you have already paid for. Access to premium features ends at the period end, not immediately. No refunds are issued for the unused remainder of a monthly or annual period except as stated in the Refund Policy section.
After cancellation. When a paid subscription ends — by cancellation, or when a trial expires with no payment method — your account becomes read-only at the end of the current billing period. Your data is preserved, but premium features (AI responses, review requests, publishing) become inaccessible until you start a paid plan again. Aclamia does not offer a free tier.
Upgrade. Upgrading to a higher plan takes effect immediately. Stripe calculates a prorated charge for the remainder of the current billing period.
Product purchases. Some products are sold outside the subscription plans: one-time packs (for example ad creative packs or print-export packs) and website plans (Presence), described in the next paragraph. One-time packs are charged once, do not expire, and are consumed as you use the units they include.
Website plans (Presence). You can build a website before paying for it. Once per person, under the rule in Trial above, your account receives a free Presence trial — AI images and texts for the website of your first draft, and storage space — as shown on the pricing page; without a plan, the number of drafts you can keep is limited. Publishing a website requires a plan for that website, or a place included in your Business or Agency plan (next paragraph); each plan covers one website, is billed in advance, monthly or annually, and renews automatically until cancelled. Changing plan: moving to a higher plan, or from monthly to annual billing, takes effect as soon as it is paid, and Stripe charges the prorated amount at once; moving to a lower plan, or from annual to monthly billing, takes effect at the end of the billing period you have already paid for, with no refund or credit for the rest of it. Cancellation: a cancelled website plan stays active until the end of the paid period. If a renewal payment fails, the website stays online while the payment is retried, for up to 14 days after the end of the last paid period. When a website's plan ends, the website is paused: visitors see a notice that it is paused, any custom domain connected to it is disconnected (you can connect it again later), and its content and web address stay in your account, so that you can republish it by restoring an eligible plan. Pausing a website yourself does not cancel its plan. Refunds and disputes: if a payment for a website plan is refunded in full or disputed, that plan ends at once, without the periods above, the website is paused, and the AI allowances of the period that payment covered end with it; a partial refund does not change the plan.
Websites included in Business and Agency. The Business and Agency plans include a number of Plus websites, as shown on our pricing page, each with its own AI allowances as described in Section 17; any further website needs a plan of its own, at its normal price. If your plan changes to one that includes fewer websites, or ends, or we reduce the number of websites a plan includes, no website is unpublished that day: the websites beyond the new number stay online for a 14-day grace period, during which they receive no new monthly AI allowance (top-ups already bought remain usable). When the grace period ends, the websites published first keep the included places, and the others are unpublished unless you give them a plan of their own. If you move back up and down again within 90 days, no new grace period starts.
Price changes. Aclamia will provide at least 30 days' email notice before increasing subscription prices. Continued use of the Service after the effective date of a price change constitutes your acceptance of the new pricing.
Taxes. Prices are exclusive of any applicable sales, use, VAT, or similar taxes. Where Aclamia is required to collect taxes, they will be added to your invoice at the applicable rate. You are responsible for any taxes associated with your subscription other than taxes on Aclamia's net income.
Payment failure. If a scheduled payment is declined, Stripe automatically retries the charge over the following days and you will receive email notifications about the failed payment. If the payment is not successfully processed after those retries, your account becomes read-only as described above. To restore your paid subscription, update your payment method in the billing portal and resume your plan. Aclamia is not liable for any data loss or service interruption resulting from payment failure.
Chargebacks. If you believe a charge is incorrect, contact us at support@aclamia.com before disputing it with your card issuer — most billing issues can be resolved within a few business days. Initiating a chargeback on a valid charge is a violation of these Terms, and Aclamia may suspend the associated account while the dispute is open and recover reasonable costs incurred in responding to unfounded chargebacks.
6. Refund Policy
No refunds for completed billing periods. Subscriptions are prepaid for the billing period. The Service was available during that period regardless of your usage. Accordingly, completed charges are non-refundable.
Goodwill credit. If a technical failure on Aclamia's part caused the Service to be unavailable for more than 24 cumulative hours within a single billing period, you may request a billing credit for that period by contacting support@aclamia.com within 30 days of the affected period. Aclamia reserves the right to determine eligibility. Credits are applied to the next billing cycle and are not redeemable as cash.
Fraudulent charges. If an unauthorized charge occurred due to a verified error on Aclamia's part (distinct from your account being compromised), contact us immediately at support@aclamia.com. Refunds for verified fraud cases will be processed within 10 business days.
Trial cancellation. No charge is made during a free trial, so there is nothing to refund. A card trial cancelled before it ends is not charged; once the first payment after a card trial has been taken, it is treated like any other completed billing period.
Top-up purchases. Message-credit top-up packs and website AI top-ups are non-refundable once purchased, as described in the Fair-Use Policy (Section 17).
One-time product purchases and website plans. One-time packs (ad creatives, print exports) are non-refundable once delivered or once any of the units they include have been used. Website plans follow the same rule as subscriptions: completed billing periods are non-refundable.
7. Promotional Codes & Referral Program
Promotional codes. Aclamia may offer promotional or discount codes. Unless the specific offer states otherwise, promo codes: apply only to the plan and billing periods described in the offer; are limited to one per customer and cannot be combined; have no cash value and are non-transferable; and may be modified or withdrawn for future signups at any time. Codes obtained through unauthorized distribution, resale, or automated means may be voided and any associated discount reversed.
Referral program. Where a referral program is active, existing customers may share a personal referral link. Referral rewards: are issued as account credit or subscription discount only — never as cash and never redeemable or withdrawable as cash; are granted only after the referred customer completes the qualifying event defined in the current program rules; are limited to one attribution hop (you do not earn from your referees' referrals); and may be subject to per-account caps.
Aclamia may modify, suspend, or terminate the referral program at any time, and may withhold or reverse rewards where it reasonably suspects fraud, self-referral, use of multiple or fake accounts, or other abuse. Reversal of fraudulent rewards may include adjusting account credit balances and, in serious cases, account termination.
8. AI-Generated Content & Auto-Publish Responsibility
Aclamia's AI suggests draft content — review responses, website copy, ad creatives, menu layouts, and similar material. These drafts are offered as a starting point. AI output can be inaccurate, incomplete, or misleading, and may occasionally produce statements about your business that are not true. You are responsible for reviewing the accuracy, tone, and appropriateness of any AI-generated content before publishing it or otherwise relying on it.
AI processing is performed using third-party AI providers (currently OpenAI) under agreements that prohibit the provider from using your content to train their models. Automated content-moderation checks are applied to certain AI outputs, but Aclamia does not guarantee that moderation will catch every problematic output.
Auto-Publish. If you enable the Auto-Publish feature, you explicitly delegate publishing authority to Aclamia's AI system. You acknowledge and accept full responsibility for every response published under your business name, whether reviewed by a human or not. By enabling Auto-Publish, you confirm that you have read and understood the potential risks of automated publishing.
Aclamia does not guarantee that AI-generated content complies with the terms of service of any third-party platform (including Google's policies on authentic, non-deceptive responses). It is your responsibility to ensure that all published content is truthful, non-defamatory, and compliant with applicable platform terms and laws.
Aclamia is not liable for any penalty, account suspension, lawsuit, reputational harm, or other consequence arising from content published via Auto-Publish or manually through the platform.
9. Prohibited Uses
You agree not to use the Service to:
- Publish false, defamatory, misleading, or harassing content of any kind, including review responses, websites, menus, or advertisements.
- Generate, solicit, or incentivize fake or inauthentic reviews, in violation of FTC guidelines or any review platform's terms of service.
- Publish or promote content that is illegal, infringes third-party intellectual property or privacy rights, impersonates another person or business, or promotes regulated goods or services in violation of applicable law.
- Upload any image, logo, or other material you do not own or are not licensed to use, including photographs of people who have not consented to their commercial use (see Section 25, Content you upload, and Section 13, Advertising & Promotional Tools).
- Reverse-engineer, scrape, or systematically harvest data from the Service beyond documented API rate limits.
- Use the Service on behalf of a third party without their knowledge and express consent.
- Circumvent subscription tier limits through any means, including creating multiple accounts to extend trial periods, farm referral rewards, or avoid usage caps, and including using a Business plan to manage other organizations' businesses (Section 16).
- Transmit malware, conduct denial-of-service attacks, or otherwise attempt to interfere with the Service's operation or probe its security other than through an authorized disclosure process.
Violations may result in immediate account suspension or termination without refund.
10. Review Platform Compliance
Aclamia provides tools to interact with third-party review platforms — today Google Business Profile, and any other platform we connect in the future. Compliance with the terms of service of any platform you connect via Aclamia is entirely your responsibility.
Aclamia does not warrant that use of the Service will comply with any specific platform's policies, as those policies change over time and vary by jurisdiction. Aclamia is not liable for any account suspension, penalty, or removal imposed by a third-party platform on your business account, nor for a platform's removal, filtering, or non-display of reviews or responses.
11. Hosted Content: Websites, Digital Menus & Lead Forms
Where the Service allows you to publish content that is hosted or delivered by Aclamia — such as a Presence website, a digital menu page, a lead-capture form, or exported print files — the following applies:
You are the publisher. Everything published under your business name — text, images, prices, offers, claims — is your content and your responsibility, whether typed by you or generated by the AI at your direction and approved by you. You warrant that you have the rights to all material you upload (logos, photos, menus) and that your published content complies with applicable law, including consumer-protection, food-labeling and allergen-disclosure, pricing-accuracy, accessibility, and industry-specific advertising rules that apply to your business.
Accuracy of business information. Aclamia does not verify prices, availability, dietary or allergen claims, license numbers, or any other business information you publish. Customers act on what you publish; keeping it accurate is solely your obligation.
Hosting & takedown. Aclamia may suspend or remove hosted content that it reasonably believes violates these Terms, infringes third-party rights, is the subject of a valid legal complaint, or poses a security or reputational risk to the platform. Where practical, we will notify you and give you an opportunity to fix the issue first. Subdomains on Aclamia-operated domains are allocated at our discretion, may not impersonate other businesses or brands, and are not your property; they may be reclaimed when your subscription ends or content is removed.
Visitor data. Data submitted by visitors to your hosted pages (for example, lead-form submissions) is collected on your behalf. You are responsible for how you use it and for providing any privacy notices your jurisdiction requires. Aclamia processes such data only to deliver it to you, as described in the Privacy Policy.
Print files. Print-ready exports are generated to standard print specifications, but print outcomes depend on your print vendor. Review proofs before ordering; Aclamia is not liable for printing costs arising from content errors you approved.
Illustrative images we provide are not photographs of your business. So that a new page looks complete before you upload your own photos, Aclamia may place illustrative, AI-generated images on it ("Library Images"). They do not depict your premises, your staff, your equipment, your work, or the food or products you actually sell, and any people appearing in them are synthetic — not real customers, employees, or endorsers. You must not present a Library Image as a photograph of your own business, and you must replace it with your own photograph wherever the image would reasonably be understood as showing your actual premises, team, work, or products. Presenting them otherwise may breach consumer-protection and advertising law, and under "You are the publisher" above that consequence is yours.
Your licence to Library Images. Aclamia grants you a limited, non-exclusive, non-transferable, revocable licence to display Library Images as part of the pages you publish through the Service, for as long as your access lasts. They are not exclusive to you — the same image may appear on other businesses' pages — and the licence does not permit you to resell, redistribute, license, or use them outside pages published through the Service, or to register any trade mark or design incorporating them. Aclamia may substitute or withdraw a Library Image at any time. Aclamia makes no warranty that Library Images are free from third-party intellectual-property claims, and provides them as is, on the same basis as the AI-generated content described in Section 8.
Uploaded videos (Presence). Where your website's plan includes uploaded video, you may upload video files to your website. We convert each video into a format that plays in any browser and serve it, with a still image taken from it, from our own storage as part of your website; the original file you uploaded is deleted once the conversion is done, so keep your own copy. Subtitles are optional; if you add them, you are responsible for their accuracy. A video is your content under "You are the publisher" above and, like everything you upload, your responsibility as set out in Section 25 (Content you upload): you warrant that you hold the rights to everything in it — including music, footage and the people who appear in it — and our licence to it is the one in Section 25. If the website's plan no longer includes uploaded video, the video stops showing on the website but stays in its library until you delete it.
Storage and unpublished drafts (Presence). Your account's storage space is the sum of the space each of your plans includes, as shown on the pricing page, plus the Presence trial's space if your account had that trial. When it is full, new uploads are refused until you free space or add a plan; nothing already stored is deleted for being over the limit, and your published websites keep working. A website draft that has never been published and has no plan is deleted, with its photos and videos, after 90 days without activity. We email you before it is deleted; opening or editing the draft restarts the period, and if we cannot deliver our last notice, the draft is not deleted. A published or paused website is never deleted this way.
12. Copyright Complaints (DMCA)
Aclamia respects intellectual property rights and expects users to do the same. If you believe content hosted through the Service infringes your copyright, send a notice containing the information required by the Digital Millennium Copyright Act (17 U.S.C. § 512) — identification of the work, the location of the infringing material, your contact information, a good-faith statement, a statement of accuracy under penalty of perjury, and your physical or electronic signature — to legal@meritvance.com with the subject "DMCA Notice".
Upon receipt of a valid notice we will remove or disable access to the identified material and notify the user who posted it, who may submit a counter-notification under the DMCA. Aclamia may terminate the accounts of repeat infringers.
13. Advertising & Promotional Tools
Where the Service provides tools to generate advertising creatives or to publish campaigns to third-party advertising platforms (such as Meta, Google, or TikTok):
- Your ads, your claims. You are solely responsible for the content of every advertisement you export or publish, including compliance with truth-in-advertising laws (including FTC requirements), platform advertising policies, and any rules applicable to regulated categories (e.g., alcohol, health, financial services).
- Ad accounts and ad spend. Campaigns are published to advertising accounts that you own and connect. All advertising spend is charged by the advertising platform directly to your own payment method under your agreement with that platform. Aclamia never owes, advances, or reimburses ad spend.
- No performance guarantee. Aclamia does not guarantee that any ad will be approved by a platform, will run, or will achieve any particular reach, cost, or business result.
- Platform actions. Aclamia is not liable for ad disapprovals, ad account restrictions or bans, or policy enforcement actions taken by any advertising platform against your accounts.
- Generated imagery. AI-generated images and copy are provided without warranty of non-infringement. Do not use creatives that depict identifiable people, competitor brands, or third-party trademarks without the necessary rights.
- Images you upload. You warrant that you own, or are licensed to use, every image you upload to the Service, and that its use in advertising does not infringe any copyright, trademark, privacy, or publicity right. You are responsible for obtaining any model or property releases required. You grant Aclamia the limited licence needed to store, modify and render that image into the ad formats you select, and you agree to indemnify us against claims arising from an image you supplied. This applies to advertising the general rule for everything you upload, as set out in Section 25 (Content you upload); see also Section 9 (Prohibited Uses).
- AI-content disclosure. Advertising platforms impose their own duties to disclose AI-generated or AI-modified content, and those duties differ by platform — TikTok, for example, requires you to label significantly AI-modified ad content and enforces this against your account. The Service records how each asset was produced and states the applicable duty when you export, but making the disclosure when you upload the ad remains your responsibility.
14. Data & Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described in the Privacy Policy.
15. SMS and Messaging
Review request SMS and WhatsApp messages are sent on your behalf to your customers via Twilio. By using the review request feature, you warrant that:
- Each recipient has provided affirmative, prior written consent (meeting TCPA standards) to receive marketing or transactional SMS messages from your specific business.
- You maintain records of such consent and will provide them to Aclamia or regulatory authorities upon request.
Aclamia is not liable for TCPA violations, carrier penalties, or other regulatory consequences arising from your failure to obtain proper consent before sending messages through the platform.
Full messaging terms, including opt-out instructions, are published in our Carrier/Messaging Policy.
16. Business & Agency Plans, Agency Accounts & Sub-Users
Business is for your own locations; Agency is for your clients'. The Business plan covers the locations of a single organization: your business and the locations it owns or operates, including businesses under the same ownership, up to the plan's location limit. Managing businesses on behalf of other organizations — for example, as an agency, consultant or marketing provider, or as a franchisor for its franchisees, which are separate organizations even under a shared brand — requires the Agency plan, in which each client has its own sub-account, as described below. Using a Business plan to manage other organizations' businesses is a breach of these Terms, and it is your responsibility to move to the Agency plan; when you do, your locations and settings stay as they are. We may notify you by email if we detect such use; with or without notice, the breach may lead to the measures in Section 22 (Termination), including suspension or termination of your account, and to any other remedy available under law.
Agency-tier subscribers may invite client sub-accounts to the platform. As the Agency account holder you can view your clients' business data and reviews and act on their behalf, and every such action is recorded in an audit log; you warrant that you have each client's authority to do so. You are responsible for ensuring that all client accounts you manage and their respective end-customers comply with these Terms.
Aclamia may suspend or terminate your Agency account, and the accounts of any clients you manage, if any managed client engages in activity prohibited by these Terms or applicable law. Aclamia is not liable for the actions of your client accounts.
17. Message Credits, Website AI Allowances & Fair-Use Policy
Unlimited AI replies. On the Pro, Business, and Agency plans, AI reply generation has no monthly cap. A daily fair-use limit per location, shown on our pricing page, prevents automated abuse; it is monitored, never billed, and a real business will not reach it. The Starter plan includes a monthly number of AI replies, also shown on the pricing page. Wherever "unlimited" appears, it is shown with an asterisk linking to this policy.
Message credits (SMS & WhatsApp). Outbound SMS and WhatsApp messages — review requests and new-review alerts alike — draw from a single monthly message-credit pool. One credit equals one outbound SMS or WhatsApp message, regardless of length. Each plan includes the number of credits per month shown on the pricing page; on the Agency plan they are shared across the agency's sub-accounts.
When credits run out. If your message credits are exhausted, paid SMS/WhatsApp sending pauses. We never charge you automatically, unless you have turned on auto-recharge (below), and never silently switch you to a channel you did not choose. Your reviews still appear in your dashboard and (where enabled) email, so nothing is missed. Buy a top-up pack or upgrade to resume. We notify you at 80% and 100% of your monthly credits.
Message-credit top-up packs. You may purchase additional message credits in top-up packs, at the price shown when you buy them. Purchased credits never expire, are consumed only after your monthly included credits, and are non-refundable, non-transferable, and non-exchangeable — they cannot be cashed out, moved between accounts or sub-accounts, or exchanged for plan discounts. Included monthly credits do not roll over and reset each billing cycle.
Auto-recharge (optional). Auto-recharge is off by default. You may opt in so that one top-up pack is purchased automatically when you reach zero credits; otherwise sending simply pauses until you act.
Website AI images and texts (Presence). Each website has its own two monthly allowances: AI images (one image placed in one photo slot) and AI texts (one generation of the page, or one rewrite of a section, in English and Spanish together). The amounts for each plan are shown on the pricing page. A website's allowances renew every month with its plan and do not roll over: what is left at the end of a month does not carry into the next one. On an annual plan they also renew every month, not once a year. If a website moves from Essential to Plus in the middle of a month, that month's allowances rise at once by the part of Plus's extra amount that matches the share of the month still to run; a move to a lower plan changes them only when that plan takes effect, at the end of the paid period. The free Presence trial's images and texts are credited once, to the website of your first draft; they do not expire, are used after that website's monthly allowance and before its top-ups, and end if that draft is deleted without being published. Allowances belong to their website: they are never shared between websites, never pooled across your account, and never used for other products. When an allowance runs out, that AI action stops — we never charge you automatically — until the month renews or you top up that website.
Website top-ups. You may buy AI top-ups for a website at the price shown when you buy them. A top-up belongs to the website you bought it for: it is used only after that website's monthly allowance, never expires, and is non-refundable and non-transferable — it cannot be moved to another website, account or sub-account, cashed out, or exchanged for plan discounts. It stays with its website if the website's plan changes or ends, and ends with the website if the website or your account is deleted. If a top-up payment is refunded in full (for example, under Fraudulent charges in Section 6) or charged back, we remove what is left of that top-up from the website; images and texts already generated with it stay where they are. A partial refund does not change the top-up.
Email & push notifications are included on every plan at no per-message charge, subject to a monthly anti-abuse email ceiling for each plan, shown on the pricing page.
Agency fair-use. The Agency plan's "unlimited" sub-accounts and seats are additionally subject to fair-use caps, which protect platform health and do not constitute a contractual reduction of the plan: the number of active connected businesses shown on the pricing page, and the cap below:
| Resource | Cap |
|---|---|
| AI refinements | 1,000 per day |
At 80% of a credit allowance, a website's monthly AI allowance or a fair-use cap we email the account owner (for a website, the account that pays for it); at 100%, the affected paid action pauses (message credits, unless you have turned on auto-recharge, and website AI allowances) or returns HTTP 429 (fair-use caps) with instructions. Aclamia does not apply automated overage charges. If you consistently need higher limits, contact support@aclamia.com.
18. Mobile Apps & Browser Extension
Aclamia may offer optional companion clients: mobile applications for iOS and Android, and a browser extension. Where such a client is distributed through an application store (for example the Apple App Store, Google Play or the Chrome Web Store), these Terms govern your use of it in addition to the distribution terms of that store. Availability of any companion client is not guaranteed and may change.
- The browser extension operates only on pages you visit at your direction (for example, Google Business Profile management pages) and communicates solely with Aclamia's own backend. It does not collect your browsing history. See the Privacy Policy for details.
- Apple and Google are not parties to these Terms and have no obligation to provide support or maintenance for the Service.
- Aclamia may update, limit, or discontinue any companion client at any time; your subscription and data remain accessible through the web application.
19. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Aclamia does not warrant that the Service will be error-free, uninterrupted, secure, or free of viruses, that AI-generated content will be accurate or fit for any purpose, or that defects will be corrected. Aclamia makes no guarantee that use of the Service will result in any specific business outcome, including increased review ratings, customer engagement, website traffic, or advertising performance. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
20. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
Aclamia's total cumulative liability to you for any and all claims arising from your use of the Service shall not exceed the greater of: (a) the total fees paid by you to Aclamia in the three (3) months immediately preceding the claim, or (b) one hundred US dollars (US$100).
Aclamia is not liable under any circumstances for indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to: lost profits, loss of data, loss of goodwill, business interruption, or reputational harm, even if advised of the possibility of such damages.
Without limiting the foregoing, Aclamia is not liable for: actions taken by third-party platforms against your accounts (review platforms, advertising platforms, app stores); the content, accuracy, or consequences of material you publish through the Service; messaging or advertising regulatory penalties arising from your failure to comply with applicable law; or losses caused by events described in Section 26 (Force Majeure).
21. Indemnification
You agree to indemnify, defend, and hold harmless Aclamia and its officers, directors, employees, and agents from and against any claim, liability, damage, loss, or expense (including reasonable attorneys' fees) arising from: (a) your use of or access to the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property, privacy, or proprietary right; (d) any content you publish through the Service, including review responses, hosted websites, digital menus, print materials, and advertisements; (e) messages sent to your customers through the Service without the consent required by applicable law; or (f) claims brought by your own customers or clients relating to your business.
22. Termination
Aclamia may suspend or terminate your account immediately, without prior notice, if you: violate any provision of these Terms; fail to pay subscription fees; engage in fraudulent activity; or act in a manner that is harmful to Aclamia, other users, or third parties. You will be notified by email of any suspension or termination.
Upon termination, access to the Service ceases immediately and content hosted through the Service (websites, digital menus) may be unpublished. Your data is retained for 30 days following account termination before permanent deletion, in accordance with our data retention policy. You may export your data during this window from your account settings or by contacting support@aclamia.com.
Closure for inactivity. If you never started a paid subscription and do not sign in for 180 days, Aclamia may close your account. We will email you 30 days and again 7 days before the closure date, and signing in at any time resets the period. A closed account enters the same 30-day recovery window described above, during which you can restore it yourself by signing in. Accounts that have held a paid subscription are not closed for inactivity.
You may terminate your account at any time through your account settings. Account termination does not entitle you to a refund for any remaining prepaid subscription period.
Sections that by their nature should survive termination — including Sections 19–21 (warranties, liability, indemnification), 24 (dispute resolution), and 25 (intellectual property) — survive.
23. Modifications to Terms
Aclamia reserves the right to modify these Terms at any time. For material changes (changes that meaningfully affect your rights or obligations), we will provide at least 30 days' email notice to active subscribers before the changes take effect. Non-material changes (corrections, clarifications) may be published without notice.
Continued use of the Service after the effective date of any modification constitutes your acceptance of the updated Terms.
24. Governing Law & Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.
Informal resolution first. Before filing any formal claim, you agree to contact us at legal@meritvance.com describing the dispute and to give us 30 days to work with you toward an informal resolution. Most disputes are resolved this way.
Arbitration. Any dispute, claim, or controversy arising from or relating to these Terms or the Service that is not resolved informally shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules. The arbitration shall be conducted in English. Either party may instead bring an individual claim in small claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm (including intellectual property misuse).
Class action waiver. To the fullest extent permitted by law, you waive the right to bring or participate in a class action, class arbitration, or representative action against Aclamia. All disputes must be resolved on an individual basis. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court rather than arbitration.
Opt-out. You may opt out of the arbitration agreement and class action waiver by emailing legal@meritvance.com with the subject "Arbitration Opt-Out" within 30 days of first accepting these Terms. Opting out does not affect any other provision of these Terms.
25. Intellectual Property
Aclamia's platform. The Service, including all software, algorithms, designs, website and document templates, text, graphics, logos, and other content created by Aclamia, is owned by Aclamia and protected by applicable intellectual property laws. You may not copy, modify, distribute, reverse-engineer, or create derivative works from any part of the Service without Aclamia's prior written consent. Templates remain Aclamia's property; you receive a license to use the pages, menus, and materials generated from them for your own business for as long as permitted by your plan, not a license to resell or redistribute the templates themselves.
Your content. You retain full ownership of all data, review responses, business information, uploaded media, and other content you create through the Service ("User Content"). You grant Aclamia a limited, non-exclusive, worldwide, royalty-free license to store, process, display, and — where you publish content through the Service — publicly serve your User Content, solely to provide the Service to you. Aclamia does not claim ownership of your User Content and will not use it for any purpose other than providing the Service.
Content you upload. Every image, video, logo, text or other material you upload to the Service, in any product — websites, ads, menus, review requests, templates and any other — is your responsibility. You represent and warrant that you own it, or hold all the rights, licenses and permissions needed (including from any person who appears in it), to upload it and to let Aclamia host, process, adapt and publish it as you direct; and that it does not infringe any copyright, trademark, privacy, publicity or other right and is not unlawful. You are solely responsible for its content and for any claim arising from it (see Section 21, Indemnification). We may remove or disable material that is reported as infringing under the DMCA procedure in Section 12 (Copyright Complaints) or that breaches these Terms.
AI-generated content. Content generated by the AI based on your prompts and business context (review response drafts, website copy, ad creatives, menu layouts) is considered User Content. You own it subject to the license above. Aclamia makes no warranty that such content is free from third-party intellectual property claims, and similar content may be generated for other users.
Feedback. If you provide feedback, suggestions, or feature requests to Aclamia, you grant us an irrevocable, royalty-free license to use and incorporate that feedback into the Service without any obligation to compensate you.
26. Force Majeure
Aclamia shall not be liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure is caused by circumstances beyond Aclamia's reasonable control, including but not limited to: natural disasters, acts of God, pandemics, internet or telecommunications failures, cyberattacks, power outages, acts of government or regulatory bodies, or disruptions to third-party service providers (including cloud infrastructure, database, messaging, payment, or platform API providers). In such events, Aclamia will make reasonable efforts to resume service as soon as practicable and will notify affected subscribers by email.
27. Miscellaneous
Severability. If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms continue in full force and effect.
Entire Agreement. These Terms, together with the Privacy Policy, Cookie Policy, and Carrier/Messaging Policy, constitute the entire agreement between you and Aclamia regarding your use of the Service and supersede all prior agreements, representations, and understandings.
Assignment. You may not assign or transfer your rights or obligations under these Terms without Aclamia's prior written consent. Aclamia may freely assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets. These Terms will be binding on any permitted assignee.
Waiver. Aclamia's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
Geographic scope & compliance. The Service is designed for businesses operating in the United States. If you access the Service from elsewhere, you do so on your own initiative and are responsible for compliance with local laws. You may not use the Service if you are subject to U.S. sanctions or located in a jurisdiction subject to comprehensive U.S. embargo.
Third-party links. The Service may contain links to third-party websites (including review platforms and documentation resources). Aclamia is not responsible for the content, privacy practices, or terms of any third-party website. Accessing third-party links is at your own risk.
No third-party beneficiaries. These Terms do not confer any rights or remedies on any third party.
Language. These Terms are published in English and Spanish for convenience. In the event of a conflict between versions, the English version controls.
Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.
28. Contact
For general questions or support, visit aclamia.com/contact.
For legal notices (including DMCA notices), send correspondence to: legal@meritvance.com
