1. Agreement to These Terms
These Terms of Service (the "Terms") are a binding agreement between you and Cross Creative, Inc., a corporation doing business as Smart Video Reviews ("Smart Video Reviews," "SVR," "we," "us," or "our"). They govern your access to and use of our website, web application, and related services at smartvideoreviews.com (together, the "Service"). Our Privacy Policy is incorporated into these Terms by reference. By creating an Account, subscribing, or using the Service, you agree to these Terms; if you do not agree, do not use the Service. If you use the Service on behalf of a business, you represent that you are authorized to bind that business, and "you" refers to that business.
2. Definitions
"Account" means your registration to use the Service.
"Review Content" means customer reviews and related data retrieved from Google Business Profile or other connected sources, including reviewer names and text.
"Brand Assets" means logos, colors, business names, trademarks, music, voices, and similar materials you provide or connect.
"Generated Content" or "Output" means the branded short-form videos and related elements the Service produces from Review Content and Brand Assets.
"Subscription" means a paid plan or free trial for the Service.
3. Eligibility and Authority
Age and capacity. You must be at least 18 years old and able to form a binding contract, and you represent that you operate a legitimate business and that your information is accurate.
United States and Canada only. Smart Video Reviews is offered only to businesses located and operating in the United States and Canada. We make no representation that the Service is appropriate or available for use in any other jurisdiction, and accessing it from a jurisdiction where such use is unlawful is prohibited. Anyone who accesses the Service from outside the United States and Canada does so on their own initiative and is responsible for compliance with local law. We may decline or terminate service to any user outside the United States and Canada.
Verification. We verify eligibility using limited location signals, including your IP address and the billing country associated with your payment method (U.S. territories are treated as the United States). You agree that we may decline, block, or discontinue the Service where those signals indicate a location outside the United States and Canada.
4. Description of the Service
The Service converts public reviews (primarily from Google Business Profile) into branded short-form videos using automated and artificial-intelligence systems. It retrieves Review Content through third-party providers, applies your Brand Assets, generates captions and narration (including optional synthesized or cloned voices), and renders video for download and distribution. We may modify, add, or remove features over time and will provide commercially reasonable notice of material changes.
5. Accounts and Security
You are responsible for maintaining the confidentiality of your credentials and for all activity under your Account, and you will promptly report any unauthorized use. We are not liable for losses arising from your failure to safeguard your credentials.
6. Subscriptions, Fees, Billing, and Trials
Plans and fees. Fees are stated in U.S. dollars on our pricing page and may be updated as described below.
Free trial. We may offer a free trial (for example, 21 days without a credit card). We may modify or discontinue trials at any time.
Founding pricing. Promotional "founding" pricing is limited to a stated number of early customers and applies only while your Subscription remains continuously active and in good standing. If your Subscription lapses, is canceled, is terminated for non-payment, or is downgraded, founding pricing may no longer be available and then-current standard pricing will apply. Any statement that pricing is "locked in" is conditioned on uninterrupted, timely payment and continued compliance with these Terms.
Authorization and auto-renewal. Subscriptions are billed in advance on a recurring basis (for example, monthly or annually) and automatically renew until canceled. We present the key renewal terms before you purchase. By providing a payment method, you authorize us to charge it for the initial term, renewals, applicable taxes, and any usage-based charges. You may cancel at any time, and the method of cancellation will be at least as easy as the method you used to sign up. Cancellation takes effect at the end of the current billing period, and you retain access until then.
Payment processing. Payments are processed by Stripe. We do not store full payment-card numbers, and Stripe's terms and privacy policy apply to its processing.
Currency. All fees are billed and payable in U.S. dollars (USD) only. Customers in Canada pay in USD; any currency conversion is handled by your bank or card issuer. We do not offer multi-currency billing.
Cancellation. You may cancel at any time through your Account settings or by contacting us; cancellation is effective at the end of the current billing period.
Non-payment; reactivation. If a payment fails or fees become past due, we may suspend or, after notice, terminate the Service. Following suspension or termination for non-payment, we may require payment of all outstanding amounts, and may charge a reactivation fee, before restoring the Service. Amounts we are unable to collect may be referred to a collection agency.
Refunds. Except where required by law, fees are non-refundable, and we do not provide refunds or credits for partial periods, unused videos, or unused time.
Taxes. Fees are exclusive of taxes. Where required, applicable taxes are added to your charge — for example, U.S. state and local sales tax, or Canadian federal GST/HST and applicable provincial taxes (such as Québec QST, British Columbia PST, or Saskatchewan PST) — and, where applicable, are calculated and collected through our payment processor. You are responsible for such taxes other than taxes on our net income.
Price changes. We may change fees for future periods with reasonable advance notice; your continued use after the change takes effect constitutes acceptance.
7. Review Content, Brand Assets, and Your Responsibilities
Rights and permissions. You represent that you have all rights, consents, and permissions necessary to access and use the Review Content (including reviewer names and text), to reproduce, adapt, and publicly display it as Generated Content, and to provide and use your Brand Assets (including business names, logos, trademarks, and music). You are solely responsible for compliance with applicable laws, platform rules, and reviewer rights.
License to us. You grant us a non-exclusive, worldwide, royalty-free license to host, store, process, reproduce, modify (for example, format and caption), and display Review Content and Brand Assets solely as necessary to operate and provide the Service, including transmission to third-party providers.
Accuracy and authenticity. You will not fabricate, alter the substantive meaning of, or misrepresent reviews, testimonials, ratings, or endorsements, or present non-genuine reviews as genuine. You are responsible for the accuracy and authenticity of the Review Content you use.
Honest solicitation; no review gating. You will comply with the terms and policies of each review platform from which reviews are sourced or on which content is published (including Google), and with the Federal Trade Commission's endorsement and testimonial guidelines and similar laws. You will not engage in "review gating" (selectively soliciting reviews based on a customer's anticipated sentiment), offer prohibited incentives, or publish fake, misleading, or undisclosed incentivized reviews. Review requests must be offered on the same terms to recipients regardless of expected sentiment.
Voice samples and voice cloning. You warrant that you have obtained all required consents, licenses, and permissions from any individual whose voice is recorded, sampled, or cloned, including any legally required written or electronic consent, and that you comply with all laws governing voice, biometric data, right of publicity, impersonation, and synthetic media in each jurisdiction where Generated Content is created, used, or distributed. You will complete any consent flow we provide and affirm the voice subject's permission before creating a cloned voice, and you will use voice features only for lawful, non-deceptive purposes without impersonation. We may decline or delete voice clones where consent is inadequate, use is deceptive or unlawful, or processing presents risk. You are solely responsible for claims and losses arising from your use of voice features.
Music. You are responsible for ensuring you hold the rights to any music you upload and for the accuracy of any "copyright-free" designation you apply, and you will not upload infringing audio.
8. AI-Generated Output
Nature of Output. Generated Content is produced by automated and artificial-intelligence systems, which can produce errors, inaccuracies, or unexpected results. Captions, narration, and generated elements may not perfectly reflect the underlying reviews.
Your review duty. You are responsible for reviewing all Generated Content before publishing or distributing it and should not rely on Output without confirming its accuracy and appropriateness. We are not responsible for the consequences of your publication or use of Output.
Ownership of Output. Subject to your payment of fees and to third-party rights, you own the Generated Content created through the Service for your business. We retain ownership of the underlying templates, software, models, and Service infrastructure, and we may use de-identified and/or aggregated data derived from use of the Service to operate, improve, and develop the Service.
9. Third-Party Services and Google Data
Third-party providers. The Service relies on third-party providers for review retrieval, AI text generation, voice synthesis, video rendering, hosting, analytics, and notifications, and Review Content and Brand Assets are transmitted to and processed by them as needed. A current subprocessor list is available in our Privacy Policy.
No Google affiliation. Smart Video Reviews is not affiliated with, endorsed by, or sponsored by Google LLC. You are responsible for ensuring your use of Google review data complies with Google's applicable terms and policies.
Availability. Third-party services may change, impose limits, or become unavailable, which may affect the Service. We are not responsible for third-party acts, omissions, or outages.
10. Acceptable Use
You will not, and will not permit any third party to:
- violate any law or the rights of any third party;
- fabricate, falsify, or misrepresent reviews, testimonials, ratings, or endorsements;
- upload content that is defamatory, infringing, obscene, harassing, deceptive, or unlicensed;
- submit voice samples without the required consent, or impersonate any person or entity or mislead audiences;
- reverse engineer, scrape, copy, or derive our source code or models, except as permitted by law;
- interfere with, overload, or disrupt the Service, or use automated means except through documented interfaces;
- resell, sublicense, or provide the Service to third parties except as expressly permitted; or
- circumvent usage limits, founding-pricing caps, or access controls.
We may investigate suspected violations and suspend or terminate Accounts involved.
11. Intellectual Property
Our IP. The Service, including its software, models, templates, designs, text, graphics, and the "Smart Video Reviews" name and logo, is owned by us or our licensors and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes during your Subscription. You retain ownership of your Brand Assets.
Feedback. If you provide suggestions or feedback, you grant us a perpetual, royalty-free license to use them without restriction or obligation to you.
12. Copyright Complaints (DMCA)
Respect for copyright. We respect intellectual-property rights and respond to notices of alleged copyright infringement under the U.S. Digital Millennium Copyright Act (DMCA).
Notice of infringement. If you believe content on the Service infringes your copyright, send a written notice to our Designated Copyright Agent that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and information reasonably sufficient to locate it; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act on the owner's behalf.
Designated Copyright Agent. Copyright Agent, Cross Creative, Inc. (DBA Smart Video Reviews), 9105 E. 56th Street, Ste J #2267, Indianapolis, IN 46216; copyright@smartvideoreviews.com.
Counter-notice. If your content was removed and you believe it was removed in error, you may submit a counter-notice containing the information required by the DMCA, and we may restore the content as permitted by law.
Repeat infringers. We will, in appropriate circumstances and at our discretion, disable or terminate the Accounts of users who are repeat infringers.
13. SMS and Text Messaging
Applicability. This Section applies to any feature of the Service that enables sending text messages (SMS or MMS), whether available now or added in the future.
Your consent obligations. If you use the Service to send text messages, you are solely responsible for obtaining and maintaining all legally required consents from recipients and for complying with all applicable laws, regulations, carrier requirements, and industry standards, including the U.S. Telephone Consumer Protection Act (TCPA), A2P 10DLC registration requirements, and, for recipients in Canada, Canada's Anti-Spam Legislation (CASL).
Records and opt-out. You will maintain records evidencing recipient opt-in, will not message recipients who have not consented or who have opted out, and will promptly honor STOP, UNSUBSCRIBE, and similar requests.
Responsibility and suspension. You are solely responsible for the content of your messages and for all claims arising from them, and we may suspend or disable messaging features for any Account that violates applicable messaging laws, carrier requirements, or industry standards.
14. Privacy
Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to those practices.
15. Electronic Acceptance and Communications
Electronic acceptance. By creating an Account, clicking to accept, or using the Service, you agree to these Terms electronically. Under the U.S. ESIGN Act and applicable UETA, your electronic acceptance has the same legal effect as a handwritten signature.
Electronic communications. You consent to receive communications from us electronically, including by email and through the Service, and you agree that electronic communications satisfy any legal requirement that a communication be in writing.
16. Term and Termination
These Terms are effective while you use the Service. You may stop using the Service or cancel your Subscription at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, fail to pay, or if we reasonably believe your use poses a risk to us, other users, or third parties.
Effect of termination. On termination, your license to use the Service ends. Generated Content stored on our or our providers' systems may be deleted after termination, and you are responsible for downloading and retaining your Output. The provisions that by their nature should survive — including those on your content and Output ownership, intellectual property, copyright complaints (DMCA), SMS, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, and the miscellaneous terms — survive termination.
17. Disclaimers
THE SERVICE AND ALL OUTPUT 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, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT GENERATED CONTENT WILL BE ACCURATE, OR THAT ANY PARTICULAR BUSINESS RESULT, INCREASE IN CUSTOMERS, OR MARKETING OUTCOME WILL BE ACHIEVED.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS.
OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100. Where applicable law does not allow some of these limitations, our liability is limited to the maximum extent permitted.
19. Indemnification
You will defend, indemnify, and hold harmless Smart Video Reviews and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: your Review Content, Brand Assets, or voice samples; your use or publication of Generated Content; your violation of these Terms or applicable law; or your infringement or misappropriation of any third-party right, including the rights of reviewers or voice subjects.
20. Dispute Resolution and Venue
The parties will first attempt to resolve any dispute informally using the contact information in Section 24. If a dispute is not resolved, any legal action or proceeding arising out of or relating to these Terms or the Service will be brought exclusively in the state courts located in Marion County, Indiana, or the federal courts of the Southern District of Indiana, and each party consents to personal jurisdiction and venue there. Nothing in this Section limits either party's ability to seek injunctive or equitable relief in a court of competent jurisdiction to prevent infringement or misappropriation of intellectual property.
21. Governing Law
These Terms are governed by the laws of the State of Indiana, without regard to its conflict-of-laws rules.
22. Changes to These Terms
We may update these Terms from time to time. For material changes, we will provide reasonable advance notice (for example, by email or through the Service). Changes take effect on the stated date, and your continued use of the Service after that date constitutes acceptance.
23. Miscellaneous
Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service and supersede prior understandings.
Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
Severability; waiver. If any provision is unenforceable, the remaining provisions stay in effect, and our failure to enforce a provision is not a waiver.
Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, epidemics, internet or utility failures, or the failure or unavailability of third-party providers on which the Service depends.
Notices. We may provide notices to you by email or through the Service.
24. Contact
Questions about these Terms may be directed to:
Cross Creative, Inc. (DBA Smart Video Reviews)
legal@smartvideoreviews.com
9105 E. 56th Street, Ste J #2267, Indianapolis, IN 46216