Review Surge
    0472 566 699

    Terms of Service

    Last Updated: 30 August 2026

    1. Agreement to These Terms

    These Terms of Service ("Terms") govern your access to and use of the Review Surge platform, website, software, services, automations, integrations, and related products (collectively, the "Service"). The Service is operated by Review Surge ("Review Surge", "we", "our", or "us"). By accessing, registering for, subscribing to, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Service. If you use the Service on behalf of a business or organisation, you represent that you have authority to bind that business or organisation to these Terms.

    2. Description of the Service

    Review Surge is a customer review automation and business communication platform that assists businesses in requesting, collecting, monitoring, and managing customer reviews through SMS, email, CRM integrations, automations, reporting tools, and related functionality. We may modify, improve, suspend, or discontinue features at any time.

    3. Eligibility

    You must:

    • Be at least 18 years old;
    • Have authority to enter into a legally binding agreement;
    • Comply with all applicable laws when using the Service.

    4. Accounts

    To access certain features, you may be required to create an account. You agree to:

    • Provide accurate information;
    • Keep your information current;
    • Maintain the confidentiality of your login credentials;
    • Be responsible for all activity under your account.

    You must notify us immediately if you suspect unauthorised access to your account.

    5. Subscription Plans and Payment

    The Service may be provided on a subscription basis. By subscribing, you authorise us and our payment providers to charge the applicable fees to your nominated payment method. Subscriptions automatically renew unless cancelled before the next billing date. Current pricing is displayed on our website and may change from time to time. We will provide reasonable notice before any pricing changes take effect. All fees are stated in Australian Dollars (AUD) unless otherwise stated.

    6. Cancellation

    You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of the current billing period. You will continue to have access to the Service until the end of the paid subscription period.

    7. Refund Policy

    Except as required under the Australian Consumer Law, subscription fees and service fees are non-refundable. Nothing in these Terms excludes, restricts, or modifies any rights or remedies available under the Australian Consumer Law.

    8. Customer Data and Content

    You retain ownership of all information, customer data, business information, review requests, contact details, messages, content, and materials submitted to the Service ("Customer Content"). You grant us a non-exclusive licence to use, process, store, transmit, and display Customer Content solely for the purpose of providing the Service. You represent that:

    • You have all necessary rights to provide Customer Content;
    • Your Customer Content does not violate any law;
    • Your Customer Content does not infringe any third-party rights.

    9. Privacy

    Your use of the Service is also governed by our Privacy Policy. You agree that we may collect, use, and disclose information as described in our Privacy Policy.

    10. Acceptable Use

    You must not use the Service to:

    • Violate any law;
    • Send spam or unsolicited communications;
    • Send unlawful SMS or email messages;
    • Misrepresent your identity;
    • Infringe intellectual property rights;
    • Upload malicious code or harmful software;
    • Harass, threaten, or abuse others;
    • Attempt to gain unauthorised access to systems;
    • Interfere with the operation of the Service.

    We may suspend or terminate accounts that violate these Terms.

    11. Third-Party Services

    The Service may integrate with third-party services including, but not limited to: Google Business Profile, Review Surge, Stripe, TouchSMS, Meta platforms, and other third-party applications. We do not control these services and are not responsible for their availability, performance, policies, or actions. Your use of third-party services is governed by their own terms and policies.

    12. Intellectual Property

    All rights, title, and interest in the Service, including software, branding, logos, designs, workflows, documentation, and content provided by us, remain our property or the property of our licensors. Nothing in these Terms transfers ownership of our intellectual property to you.

    13. Service Availability

    We aim to provide reliable service but do not guarantee that the Service will be:

    • Uninterrupted;
    • Error-free;
    • Secure at all times;
    • Available at all times.

    We may perform maintenance, upgrades, and modifications from time to time.

    14. No Guarantee of Results

    Review Surge provides tools and automation services only. We do not guarantee:

    • Any specific number of reviews;
    • Improved search rankings;
    • Increased revenue;
    • Increased leads;
    • Customer responses;
    • Business growth;
    • Any particular business outcome.

    Results depend on many factors beyond our control.

    15. Australian Consumer Law

    Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies available under the Australian Consumer Law or any other applicable legislation. Where permitted by law, our liability for breach of a consumer guarantee is limited to:

    • Re-supplying the services; or
    • Paying the cost of having the services supplied again.

    16. Disclaimer

    To the maximum extent permitted by law, the Service is provided on an "as is" and "as available" basis. We make no warranties or representations regarding:

    • Accuracy;
    • Reliability;
    • Availability;
    • Suitability;
    • Fitness for a particular purpose.

    You use the Service at your own risk.

    17. Limitation of Liability

    To the maximum extent permitted by law:

    • We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of revenue, loss of business opportunities, loss of goodwill, or loss of data.
    • Our total liability arising from or relating to the Service will not exceed the amount paid by you to us during the twelve (12) months immediately preceding the event giving rise to the claim.

    This limitation does not apply where liability cannot be limited under Australian law.

    18. Indemnity

    You agree to indemnify and hold harmless Review Surge, its directors, officers, employees, contractors, and affiliates from any claims, losses, liabilities, damages, costs, or expenses arising from:

    • Your use of the Service;
    • Your breach of these Terms;
    • Your Customer Content;
    • Your violation of any law or third-party rights.

    19. Suspension and Termination

    We may suspend or terminate your access to the Service if:

    • You breach these Terms;
    • We are required to do so by law;
    • Your use creates risk to the Service, other users, or third parties.

    Upon termination, your right to access and use the Service immediately ends.

    20. Changes to These Terms

    We may update these Terms from time to time. Where changes are material, we will provide reasonable notice through the Service, email, or website. Your continued use of the Service after updated Terms become effective constitutes acceptance of those changes.

    21. Governing Law

    These Terms are governed by the laws of Western Australia, Australia. Any dispute arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Western Australia.

    22. Contact Information

    • Trading as: Whirl Word
    • Website: https://whirlword.com.au/
    • Email: bryce@eleuteri.net
    • ABN: 69 733 430 830

    23. Marketing, Case Studies and Promotional Use

    By using the Service, you grant Review Surge a non-exclusive, worldwide, royalty-free licence to use your business name, business logo, publicly available business information, and information relating to your use of the Service, including results, statistics, screenshots, reviews, testimonials, and performance data, for Review Surge's marketing, advertising, promotional, educational, case study, website, social media, and other business purposes.

    This may include statements or comparisons showing results achieved through the Service, such as changes in the number of customer reviews, review requests sent, response rates, or other Service-related performance metrics.

    Review Surge may identify your business by name and may display your business logo, publicly available information, screenshots of publicly available content, and Service-related results in such materials.

    Review Surge will not disclose private customer information, personal contact information, or other non-public personal information belonging to you or your customers for marketing purposes without appropriate consent.

    You may contact Review Surge to request that specific marketing material containing your business information be removed from future use, where reasonably practicable. Such a request will not affect materials that have already been published or distributed before the request was received.