Terms and Conditions

Effective Date: September 16, 2025

These Terms and Conditions (the “Terms”) govern your use of the My Best Ratings review management software and related services (the “Service”) provided by YesInnovation Corp. (“we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization (e.g., a clinic, practice, or business), you represent that you have the authority to bind that organization, and “you” will refer to that organization.

1. Acceptance of Terms

By accessing or using the Service, you agree to these Terms. If you do not agree, you must not use the Service.

2. Service Description

The Service enables clinics and local businesses to collect, request, route, and track customer reviews and feedback, including via SMS messaging, review-site links, and analytics. The Service may integrate with third-party platforms (e.g., Google, Facebook, Yelp) and messaging providers. Features may be updated or changed at our discretion.

3. Accounts and Eligibility

You must provide accurate, complete account and billing information and keep it updated.

You are solely responsible for all activity conducted under your account, including activities of your employees, contractors, or agents.

If you are a medical provider or business handling patient data, you are solely responsible for ensuring that you have all necessary rights, authorizations, and consents to use the Service.

4. Permitted and Prohibited Use

You may only use the Service to request feedback and reviews from your own patients or customers and to manage the responses. You agree NOT to:

  • Send spam, unlawful, or unwanted communications of any kind.
  • Contact any recipient without valid, prior, documented consent.
  • Use the Service to send protected health information (PHI) unless a signed Business Associate Agreement (BAA) with us is in place.
  • Use purchased or third-party contact lists.
  • Attempt to “review gate” (only soliciting reviews from satisfied clients) or incentivize positive reviews where prohibited.
  • Violate any laws, carrier rules, or third-party platform terms.

We reserve the right to immediately suspend or terminate your access for violations or suspected violations.

5. Messaging and Consent Responsibility

You are solely and exclusively responsible for obtaining, maintaining, and documenting patient or customer consent before sending any SMS, email, or other communication via the Service.

You agree to collect and maintain proof of express consent (opt-in), including required disclosures and opt-out instructions.

You agree to honor all opt-outs, including “STOP” and “HELP” responses, promptly and accurately.

We disclaim all liability for your failure to obtain valid consent or comply with messaging rules. Any carrier fines, penalties, disputes, or legal claims that arise from your use of the Service are your sole responsibility.

6. Review Solicitation and Platform Policies

You must comply with all third-party review platform rules and consumer protection laws.

You must not engage in review suppression, fake reviews, or incentivized reviews.

You assume full liability for compliance with all platform rules. We are not responsible if a platform restricts, suspends, or removes your account due to your activities.

7. Customer Data and Compliance Obligations

You control and are fully responsible for the accuracy, legality, and compliance of the contact lists, content, and data you upload or send through the Service.

You must ensure compliance with all applicable laws (e.g., TCPA, HIPAA, CAN-SPAM, CASL, GDPR, state privacy laws, carrier rules).

You bear all liability for any breach of these obligations.

8. Payment and Subscription

Subscription fees are billed in advance and are non-refundable.

We may change pricing with at least 30 days’ notice.

You are responsible for paying all fees, charges, taxes, and penalties arising from your use.

9. Service Availability

We strive to maintain uptime but do not guarantee uninterrupted Service. Carrier restrictions, outages, or other factors outside our control may disrupt availability. You agree that we are not liable for any such disruptions.

10. Intellectual Property

We retain ownership of the Service, software, and content. You receive only a limited, revocable license to use the Service. You grant us a non-exclusive license to process your content solely to provide and improve the Service.

11. Third-Party Services

The Service relies on third-party platforms (e.g., Twilio, review sites, payment processors). We are not responsible for the availability, performance, or changes of these providers. You remain bound by their terms and assume all liability for your use.

12. Medical and PHI Disclaimer

Unless a signed BAA exists, you must not transmit PHI through the Service.

You assume all liability for any transmission of PHI or sensitive data without proper safeguards.

We expressly disclaim liability for unauthorized disclosures, breaches, or misuse of PHI.

13. Disclaimer of Warranties

The Service is provided “as is” without warranties of any kind. We do not guarantee delivery of messages or outcomes of review requests.

14. Limitation of Liability

To the maximum extent permitted by law:

We are not liable for indirect, incidental, special, consequential, punitive, or exemplary damages.

Our aggregate liability shall never exceed the amounts you paid us in the 12 months before the claim.

You are solely liable for all claims, fines, penalties, and disputes arising from your use of the Service, including but not limited to carrier penalties, regulatory enforcement, or legal claims from patients or consumers.

15. Indemnification

You agree to indemnify, defend, and hold harmless YesInnovation Corp. and its affiliates, officers, and employees from any and all claims, damages, fines, penalties, liabilities, costs, or expenses (including attorneys’ fees) arising out of:

  • Your use of the Service.
  • Your failure to obtain valid patient/customer consent.
  • Your violation of messaging laws, carrier rules, or platform terms.
  • Your transmission of PHI or sensitive data.
  • Your breach of these Terms.

This obligation survives termination.

16. Termination and Suspension

We may suspend or terminate your account immediately for violations, legal risk, or non-payment. Upon termination, you remain liable for all outstanding fees, fines, or claims related to your use of the Service.

17. Changes to Terms

We may modify these Terms at any time. Continued use after notice constitutes acceptance.

18. Governing Law and Venue

These Terms are governed by Texas law, with exclusive venue in Collin County, Texas courts.

19. Contact Information

YesInnovation Corp.
550 S. Watters Rd, Ste 145, Allen, TX 75013
Email: [email protected]
Phone: +1 (945) 253-8825