Terms of Use and Sale for Businesses

(These terms come into effect on 12 February 2024. To see the version of these terms in place prior to 12 February 2024 use the drop-down menu above.)

(Version 5.0)

Trustpilot’s review platform allows you to engage with consumers, collect feedback and gather insights - giving you the tools to drive better consumer experiences. Our mission is to be a universal symbol of trust and our platform is built on openness and collaboration among our businesses and consumers. That’s why before using our services we ask that you read these terms of use and sale for businesses (which we will simply refer to as the “terms” going forward) so that you understand what we expect from you - and also what you can expect from us.

Whether you want to use Trustpilot for free or use our paid services, you’ll need to accept these terms so that it’s clear what your and our legal rights and obligations are. Your access and use of our services is, at all times, conditional on you agreeing to these terms. So, if at any time you do not agree, or cannot comply, with these terms, you must not access or use any of our services. To be clear, your use of our platform and/or services in any way, including via our free services or any trial, will be governed by these terms.

You agree to these terms by doing one or more of the following: (a) clicking a box or button confirming that you agree to these terms (or a similar confirmation); (b) signing or accepting a quote, order form or similar document which refers to these terms; (c) paying or accepting an invoice for a subscription to our paid services; or (d) claiming a business profile page or accessing or using any of our services.

If you have questions about Trustpilot, check out our Support Center. And if you still can’t find the answer you are looking for, you can reach out to us at support@trustpilot.com.

Just so you know, words or expressions defined in “quotation marks” have the same meanings each time they are used in these terms.

We explain below how to access and use our services and subscribe to our paid services.

1. You and Trustpilot: When we say “you” or “your”, we mean the entity or business that you represent. When we say “Trustpilot”, “we”, “our” or “us”, we mean the Trustpilot entity that you contract with as stated in the Our contracting entities and governing law section of these terms. When we say “affiliate” we mean, with regard to a party, an entity or firm, controlling, controlled by, or under common control, whether directly or indirectly, with that party.

2. Our platform: when we say our “platform” we mean our review platform hosted at Trustpilot.com, any sub-domain, sub-directory, similar website or app operated by us.

3. Our services: Our “services” consist of the Trustpilot business account, the review services, and any other services that we provide now or in the future, as may be described in any quote, order form, invoice or other commercial documents or communications that we provide to you or your partner if applicable (see the Partner section for more information), or on our platform (“commercial materials”). The following points apply to our services:

• We can’t guarantee that our services and platform will be compatible with your browser, network, or computer set-up.

• Our services don’t include any third-party products (please see the Third-party products sections below for more information).

4. Business profile page: If you want access to our services, then you or someone on your behalf needs to claim a business profile page on our platform (sometimes also called a company profile page).

5. Free plan: By claiming a business profile page, you will be given access to a business account, through which you can use all of the services provided in our free plan. You may use these services unless and until your business account is deleted by you or access to it is terminated by us.

6. Subscriptions: If you subscribe to one or more services that are not included in our free plan (a “subscription”), then you will also be able to access these services through your business account. The following points will also apply to you:

• Subscription period: Most subscriptions run for 12 months, but the specific duration of your subscription (“subscription period”) will be listed in the commercial materials that are issued or presented to you when you agree to purchase that subscription.

• Subscription renewals: At the end of each subscription period, your subscription will automatically renew for a further subscription period unless we have agreed something different with you or your partner (if applicable) in your quote, order form or similar document, or you or we terminate your subscription - see the Termination and suspension section. If your subscription is not renewed, you will still have access to the services provided in our free plan.

• Subscription renewal pricing: To the extent permitted by law and subject to the remainder of these terms, at the end of your then current subscription period we may (without informing you) increase the total price of your subscription by up to 5%, unless: (a) either you or we terminate your subscription in accordance with these terms; or (b) we inform you of a different price increase at least 45 days before your next renewal date. If we increase your price in accordance with this Subscription renewal pricing section, then your increased price will take effect on your next renewal date.

6A. Partners: You may also access our services and purchase a subscription through a Trustpilot partner. When we say “partner” we mean an independent third-party authorised by Trustpilot to resell or distribute our services through our various partner programmes. You acknowledge that our partners are completely independent of us, and that these businesses have no authority to enter into any contract, grant any right or provide any promise, guarantee or commitment on our behalf. Because you are using our services you will still need to agree to these terms, however, any terms and conditions governing transactions and/or arrangements solely between you and your partner (such as any professional services provided to you by your partner or any third-party products sold to you by your partner) shall not form part of these terms. Your partner may also administrate the renewal of your subscription in which case you should contact your partner if you have any questions in relation to your renewal. In the event that you fail to pay your partner for your subscription when due (or if your partner fails to pay us for your subscription) then we may suspend, or even end, your access to our services - see the Termination and suspension section.

7. Domains: You promise that you (or one of your affiliates) own or have an exclusive right to operate the domain(s) that you use our systems and services for. If one of your affiliates owns or has an exclusive right to operate a domain that you use our systems and services for, you promise that you have the authority to accept these terms in respect of such domain.

8. Sending invitations to your consumers using our platform: If you use our review invitation service, you will be treated as the sender of each invitation sent - not us. So, it is your responsibility alone to make sure that the invitations that you send (or that we send on your behalf) using our services meet all applicable legal and regulatory requirements, and comply with the guidelines.

In particular, you confirm that the content of each invitation will comply with all applicable legal and regulatory requirements, and that you will have all the rights, permissions and consents required for your invitations to be sent in compliance with applicable privacy laws (as defined in the Privacy laws section of these terms). For example, in some countries, review invitation emails are viewed as unsolicited marketing communications that require prior consent from your customers. This means that you may be required to obtain consent from your customers depending on national legislation and you therefore agree not to use our review invitation service to issue invites without obtaining the required consents.

9. Sending invitations to your consumers outside of our platform: Where you display or send review invitations outside of our platform (for example, where you create and send review invitation links yourself or direct consumers to create reviews on your business profile page), you agree that you are accessing and using our services. It is your responsibility alone to make sure that the invitations that you send meet all applicable legal and regulatory requirements, and comply with the guidelines.

10. Business account: You take responsibility for fully controlling who administrates and can access your business account, how it is managed and how you use our services. For example:

• You control access to your business account. You decide who is allowed to use and access the services available through your business account (“authorised users”) and what kind of access each of those authorised users has. You can change or stop that access at any time.

• You’re responsible for all your authorised users’ activity, their use of our services, and their compliance with these terms and our guidelines.

• You promise that you’ll keep your information (including a current email address) up to date.

• You’re responsible for providing true, accurate and complete information.

• You’re also responsible for protecting your username and password from getting stolen or misused.

• You have the right to let your affiliates access and use our services under these terms, however, if you do so you are responsible for ensuring that your affiliates comply with these terms and our guidelines, and you are liable for their actions and omissions as if they were your own.

11. User roles and access: You should make sure to understand the permissions you’re granting to your authorised users. Each authorised user that you add to your business account is subject to these terms and our guidelines. You’re liable for each of your authorised user’s acts and omissions. It is up to you to ensure that each of your authorised users is fully aware of their obligations and restrictions under these terms and our guidelines. If you’d like to read more about user roles and levels of access, check out the information on our Support Center.

12. Your key responsibilities: You must only use our services for the domains whose business profile pages have been claimed by you or on your behalf (“claimed domains”) and in accordance with your applicable subscription, if any. You agree to use our services only for lawful business purposes and in line with these terms and our guidelines.

13. Guidelines: When accessing or using our services, you agree to respect and follow our guidelines, policies and codes on legal.trustpilot.com designated for businesses and for everyone (and any other guidance referred to in these terms) (“guidelines”). Please read them and make sure you understand what you should and shouldn’t do. These guidelines are very important because they outline, among other things, how you should (and shouldn’t) use our services. Much of it will be common sense and is designed to ensure we keep our platform a fair and trusted place for online reviews. We can update and make changes to the guidelines from time to time. Any changes to the guidelines will immediately apply to you without any further positive acceptance, confirmation or action by you.

14. What we each own: We own everything we’ve put into our services except content owned by others, like the reviews on our platform which are owned by the reviewers who created them and any data you provide us when sending invitations to your consumers. Our ownership includes rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, registered and unregistered trademarks, designs, code, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us. This means you are not allowed to use our logos, graphics, and trademarks (“brand marks”) or any other content on our platform like TrustScores and reviews unless we specifically say you are authorised to use them.

You own your logo, brand name, trademarks and other intellectual property (“customer IP”). We have a right to use your customer IP for the purposes of providing, administering and ensuring the proper operation of the services, the platform and related systems, and to perform our rights and obligations under these terms.

15. User generated content: Any review, reply to a review, image or other content created by or originating from you, any consumer or other user of our services is what we call “user generated content”. Where user generated content is created by or originates from you, you allow us to use it and make it available forever without restriction or payment to you - and you also promise that you have the right to allow us to do that. Unless user generated content is removed by us for violating our guidelines, or removed by its author, all user generated content will remain publicly displayed on our services, our platform and any third-party services and networks (like Google) even after your subscription has ended or you delete your business account.

16. Feedback: We appreciate any feedback from you about our services and may use it forever without restriction or payment to you. To be clear, this means that if you provide any written content or feedback to us, we can use, quote and/or refer to that content or feedback at our discretion.

17. Trustpilot Labs or beta services: Occasionally we may offer access to time-limited services or features that have not yet been released by us as a final product to the market – for example, a beta service. Because of the nature of these services, if you choose to use them, you use them at entirely your own risk.

18. Problems and support: If you have a problem, we have support articles available through our Support Center that should help you with most situations. If you’ve tried our Support Center and still need help, you can find more information about online support for our services from our support team by contacting them at support@trustpilot.com. Depending on the services you subscribe to, you may also have access to the Customer Success team who can provide additional information.

19. Impartiality: We love businesses using us to share, hear, and learn from their consumers through our role as an online intermediary. Your use of our services and the brand marks is not an approval, endorsement or recommendation by us of either you or your products or services. So you must not market yourself or give public declarations to that effect. Nothing in these terms is to be interpreted as constituting a partnership, joint venture, employment or agency relationship between you and us.

20. Display of names, logos, and reviews:

• It is necessary for us to be able to identify the businesses that are reviewed on Trustpilot. Therefore, in a similar way to a directory or a phonebook, you give us the right to display your business name and logo on our platform in order to identify the services or products your business provides. We provide you with control over your business profile page, which means that you are able to modify your name and logo at your discretion.

• Furthermore, when you create a business account and use our services you allow us to use your name, logo and examples and visuals of how you are using Trustpilot in the public domain (for example, on your website and in your ads) in corporate, promotional and marketing material and content in the normal course of business.

• During your use of our services, you may display reviews of your business and our brand marks on your claimed domains, so long as you follow our guidelines, including the guidance provided by us on our Support Center - and only if you use the designs, widgets (like TrustBoxes), images and functionality that we make available to you in your business account.

Any other use or display of our brand marks or content on Trustpilot, including in offline or online advertising, is only permitted in accordance with our guidelines. We reserve the right to revoke your use of our brand marks at any time if we find your use to be in violation of our guidelines.

21. Don’ts: While we can’t cover everything here, here are some important examples of things you must never do:

• Undermine the security or integrity of our platform.

• Use our platform or services in any way that might impair functionality or interfere with other people’s use.

• Access our platform or services without permission.

• Introduce or upload anything to our platform or services that includes a virus or other malicious code.

• Write, submit or procure fake reviews.

• Do anything that may be misleading, offensive, violates any law, infringes on the rights of others or does not comply with our guidelines.

• Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our platform or services.

• Resell, transfer, licence, lease or provide our services in any way not expressly permitted through our services.

• Repackage, resell, or sublicense any data accessed through our platform or services.

• Commit fraud or other illegal acts through our platform or services.

• Act in a manner that is abusive or disrespectful to a Trustpilot employee, partner, user, or other Trustpilot customer. We will not tolerate any abuse or bullying of our Trustpilot employees in any situation and that includes interaction with our support teams.

• Remove any Trustpilot brand content or proprietary notices or labels from the platform or the commercial materials.

• Use the platform, our services or the commercial materials for the purposes of providing any service or functionality which competes with the platform.

To help make your experience of our services even more powerful, our ecosystem includes integrations to products and services made available by other businesses (for example, e-commerce platforms).

22. Other services: To help you maximise the potential of our services we understand you may want to use data, products and services of other businesses (which we call “third-party products”) and connect them with our platform and services. We, or your partner (if applicable), may help streamline that process for you by making available integrations to third-party products, such as third-party e-commerce platform providers or independent software vendors, for you to use. These companies may have additional terms and conditions that apply to you and those terms and conditions shall cover your use of the third-party products, not these terms. Any third-party providing a third-party product is a “third-party provider” and is independent of us, so be aware that a third-party provider may also charge you fees in addition to what you pay us. Please remember that we’re not under any obligation to support third-party products and we don’t guarantee the initial, or continuing, interoperability of the platform or our services with any third-party product.

23. Third-party terms and descriptions: Third-party products are subject to terms and conditions and privacy notices set by their providers. It is your responsibility to review, and ensure you are happy with, any terms and conditions and privacy notices set by third-party providers. These likely include how the third-party providers will use the data that you make available to them. The descriptions of third-party products that we publish, and any associated links, have been provided to us by the third-party providers. While we make reasonable efforts to check the accuracy of those descriptions, the third-party providers are solely responsible for them. We don’t endorse or assume any responsibility for third-party products, regardless of whether they are described as “authorised”, “certified”, “recommended” or the like, and we are not liable to you in respect of them. You access and use third-party products and websites at your own risk. You agree to resolve any disagreement between you and a third-party provider regarding a third-party product with that third-party provider directly and not Trustpilot.

Unless you’re using our free plan or on a free trial, you’ll need to pay to access and use our services. The price and any other terms that are specific to you are explained when you agree to purchase our services.

24. Trials: You may be offered a trial of some of our services for a limited or short-term period as set out in the relevant commercial materials provided at the time. We can withdraw or modify your access to those services at our discretion without prior notice and with no liability. After the trial period, your access to those services may be removed in accordance with any terms or restrictions you are notified of at the time. If you want to continue using those services after the trial, you’ll need a subscription.

25. Trustpilot subscriptions: We offer our business users access to our free plan which allows the use of a wide range of Trustpilot services. But to access some of our services, we require you to pay for one of the many subscriptions we offer. In most cases you will need to pay us directly but if you’ve purchased a subscription through a partner, you will (unless we tell you otherwise) need to pay your partner for your subscription. The subscription pricing may vary by region. The price and any other terms that are specific to your subscription are set out in the commercial materials that you accept when you agree to purchase that subscription. If you and us have agreed to make changes to the scope of your subscription during the subscription period (for example, adding another domain or additional services), we may ask you to sign or accept updated commercial materials and in such a case, we reserve the right to increase the price accordingly.

26. Standard rates and discounts: We may update or amend the standard list prices for our services from time to time. Any price discounts, promotions, offers or special terms listed on a quote, order form or similar only apply for the subscription period specified on it, and we aren’t obliged to continue offering that price discount, promotion, offer or special term for any subsequent subscription periods.

27. No refunds or credit: Unless we’ve specifically stated elsewhere in these terms, we will not owe you any refund or credit if you or we terminate your subscription in accordance with these terms.

28. Taxes for your use of our services: Our prices are stated exclusive of taxes. You’re responsible for paying all other external fees and taxes associated with your use of our services wherever levied, including value added tax, sales tax or other similar charges if they apply.

29. Importance of timely payments: In order to continue accessing the services included in your subscription, you need to make timely payments based on the price of the subscription you selected. Unless your subscription order details say something else or unless you have purchased your subscription through a partner and we have agreed that you should pay your partner for your subscription, the fees for each subscription period are owed to us upfront - and if we have issued an invoice to you, you must pay that within the number of days set out in the invoice. To avoid delayed or missed payments, please make sure we or your partner (if applicable) have accurate payment information. If we or your partner (if applicable) don’t receive timely payments from you for your subscription, or if we don’t receive timely payments from your partner for your subscription, then we may suspend, or even end, your access to our services - see the Termination and suspension section. In cases of late payment for any unpaid amounts, we reserve the right to charge you interest on outstanding amounts, you will also be responsible for any costs reasonably incurred by us in collecting such amounts, including collection costs and legal fees.

We may receive and process personal data relating to your consumers and your authorised users, which we cover below. Please also read our Data Processing Agreement, HIPAA Business Associate Addendum and the U.S. Privacy Laws Supplement which are an important part of these terms, and privacy policy - all of which provide more detail of how we handle personal data.

30. Privacy laws: You and us each agree to comply with all applicable data protection and privacy laws and regulations (“applicable privacy laws”).

31. Invitation data: When you send (or we send on your behalf) invitations to your consumers asking them to create a review on our platform about your services, your locations and/or your products, we are providing “review invitation services” to you. If the type of review invitation services we provide to you requires us to receive or process any personal data relating to those consumers (“invitation data”) before they submit a review on our platform in response to an invitation, then:

• these review invitation services will be provided to you:

  • by Trustpilot A/S if your contract is with Trustpilot A/S; or

  • by Trustpilot Inc. if your contract is with Trustpilot Inc. (however, any data processing in connection with its provision of the review invitation services is subcontracted to Trustpilot A/S which will deliver that to you on Trustpilot, Inc.’s behalf),

provided that, regardless of which entity provides the review invitation services, Trustpilot A/S will at all times be the sole entity within the Trustpilot group which has decision-making authority over, and determines the purposes and means of processing, invitation data;

• our Data Processing Agreement will apply to this processing activity;

• to the extent that we, as a service provider to you, receive data from you about your consumers who are residents of the United States and whose data is protected by the U.S. State data protection and privacy laws, the U.S. Privacy Laws Supplement (which is part of these terms) will apply to you in addition to our Data Processing Agreement; and

• you shall not provide us with any PHI (as defined in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”)) in connection with the provision of services under these terms, but to the extent that you are acting as a Covered Entity under HIPAA and there is incidental disclosure of PHI about your consumers to Trustpilot and to the extent that Trustpilot, as a result, is deemed under HIPAA to be acting as a Business Associate, the disclosure of such PHI will be governed by the HIPAA Business Associate Addendum which is part of these terms and will apply to you in addition to our Data Processing Agreement; and

  • you confirm that you will have all the rights, permissions and consents required by applicable privacy laws to provide us with the invitation data.

32. Other personal data: Personal data we collect about your authorised users or other people who represent you (including your employees) in connection with creating and administering your business account, providing customer services to you, or signing-up for our services and using them, will be handled by us in accordance with our privacy policy.

Security is something we take seriously and you should too! You can read all about our practices in our Support Center. We do what we can to keep your data secure but we need your cooperation to protect our services and your data.

33. Playing your part to keep your data secure: You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you realise there’s been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately. You also agree not to use free-form fields in any of Trustpilot’s systems or services to store personal data, (unless it’s a field explicitly asking for personal data - like a first name or last name).

We take reasonable precautions to protect your confidential information and expect that you’ll do the same for ours.

34. Keeping it confidential: While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals, entities or other third-parties. You or we may share each other’s confidential information with legal, governmental or regulatory authorities if required to do so, or if required by law. We may also share your information on a similar confidential basis with our affiliates, our advisers, auditors and financiers, and any third parties carrying out due diligence on our business. Information will not be considered confidential if the recipient of the information already knew the information and it was not subject to confidential treatment, or the information is publicly available (but not as a result of a breach of this confidentiality section).

We explain below when your subscription and/or access to our services can be terminated or suspended.

If you have a subscription:

35. If you don’t want your subscription to automatically renew for any reason: If you don’t want your subscription to automatically renew at the end of a subscription period, you’ll either need to: (a) if you have purchased your subscription directly from us, tell us that by emailing support@trustpilot.com at least 30 days before the end of your current subscription period; or (b) if you have purchased your subscription through a partner, you need to tell your partner in accordance with the terms and conditions you’ve agreed with them.

Even after you’ve told us or your partner (if applicable), you’ll still have access to the services included in your subscription for the remainder of the current subscription period. If you haven’t already paid, you will still be responsible for paying all subscription fees for the whole of the current subscription period. Once your subscription period has ended, you will still have access to the services provided in our free plan. If you continue to use our services provided in our free plan after your subscription has ended, these terms will continue to govern your use of those free services.

36. Terminating your subscription immediately because of our material breach: You may terminate your subscription immediately if:

• we materially breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach from you;

• we materially breach any of these terms and the breach cannot be remedied; or

• our service becomes permanently unavailable as a whole, in which case you will receive a pro-rata refund of any prepaid amounts related to the period after the date of termination.

If you terminate your subscription because of our material breach, you will immediately lose access to the services included in your subscription, but you will still have access to the services provided in our free plan. You won’t get a refund or credit for anything you have already paid - but if there are any subscription fees for the remaining part of the subscription period that have not yet become payable, then you won’t need to pay us those fees.

If you are on our free plan:

37. Deleting your business account and stopping use of our services: Other than sections of these terms which survive termination (see the Survival section), these terms will immediately terminate if you stop using our services and delete your business account.

38. Keep in mind that, whether you terminate your subscription or delete your business account, these terms will still apply to anything that happened before you terminated.

If you have a subscription:

39. If we don’t want to renew your subscription for any reason: We can terminate your subscription at the end of any subscription period by giving you at least 30 days’ notice before it ends.

You’ll still have access to the services included in your subscription for the remainder of the current subscription period - and, if you haven’t already paid, you will still be responsible for paying all subscription fees for the whole of the current subscription period.

40. Immediate termination by Trustpilot: Trustpilot may also terminate your subscription or access to your business account or all or any of our services immediately if:

• you materially breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach;

• you materially breach any of these terms and the breach cannot be remedied; for example, creating reviews on your own business profile page, procuring fake reviews, misusing the review reporting functionality in your business account, inviting consumers to create reviews in a biased way, or using the brand marks to mislead consumers;

• in our discretion we think you have breached the guidelines;

• in our discretion we think you have acted in a manner that is abusive or disrespectful to a Trustpilot employee, partner, user, or other Trustpilot customer, including during interaction with our support teams;

• you fail to pay the full amount of your subscription on time;

• your partner fails to pay for your subscription on time;

• you become insolvent or go into liquidation or have a receiver or manager appointed over any of your assets, you make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction;

• your use of our services poses a security risk to our platform; or

• in our discretion we determine that your business values or core beliefs are in conflict with ours (which we may refer to as a bad-fit business).

If you haven’t already paid, you will still be responsible for paying all subscription fees for the whole of the current subscription period (except when we’ve terminated because your business values or core beliefs conflicted with ours). If you have already paid then you will not be entitled to any refund or credit, except when we’ve terminated because your business values or core beliefs conflicted with ours, in which case we’ll refund the portion of the subscription fee that you’ve prepaid for the remaining part of your subscription period less any fees and/or expenses incurred by us in relation to your subscription.

41. Suspension: We may suspend all or part of your access and use of our platform and/or services if:

• in our discretion we think that you are in breach of these terms;

• in our discretion we think you have breached the guidelines, for example, after receiving a warning you continue to misuse the review reporting functionality or amend your company profile in a way we think misleads or may deceive consumers;

• you fail to pay the full amount of your subscription on time;

• your partner fails to pay for your subscription on time; or

• in our discretion we think your use of our services poses a security risk to our platform.

You will remain responsible for all subscription fees incurred during the period of suspension and you will not be entitled to any refund or credit.

If you are on our free plan:

42. Immediate termination or suspension for any reason: We can terminate or suspend access to your business account and/or all or any of our services immediately at any time and for any reason.

For all users, whether you are on our free plan or have a subscription:

43. Whether we terminate your subscription or access to your business account, these terms will still apply to anything that happened before we terminated.

These sections are important as they outline responsibility and liability between us and you, so we urge you to read them closely and in full.

44. DISCLAIMER OF WARRANTIES: NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCLUDING ANY APPLICABLE IMPLIED CONDITION, GUARANTEE OR WARRANTY THE EXCLUSION OF WHICH WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE TERMS TO BE VOID (“NON-EXCLUDABLE CONDITION”), OUR SERVICES AND THE PLATFORM ARE MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE FURTHER DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, THAT OUR SERVICES AND/OR OUR PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.

45. LIMITATION OF LIABILITY:

If you have a subscription:

OTHER THAN FOR A NON-EXCLUDABLE CONDITION AND/OR LIABILITY THAT WE OR YOU CAN’T EXCLUDE OR LIMIT UNDER APPLICABLE LAW, EACH PARTY’S LIABILITY (AND EACH PARTY’S AFFILIATES’ LIABILITY) TO ONE ANOTHER IN CONNECTION WITH OUR SERVICES AND/OR THESE TERMS, IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IS LIMITED AS FOLLOWS:

• EACH PARTY AND ITS AFFILIATES HAVE NO LIABILITY TO ONE ANOTHER ARISING FROM YOUR USE OF OUR SERVICES AND/OR THESE TERMS FOR ANY LOSS OF REVENUE OR PROFIT, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OR CORRUPTION OF DATA, LOSS OF CAPITAL, LOSS OF ANTICIPATED SAVINGS, DAMAGE TO REPUTATION, LOSS IN CONNECTION WITH ANY OTHER CONTRACT, OR ANY OTHER INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL LOSS, DAMAGE OR EXPENSE (INCLUDING LEGAL COSTS).

• WE AND OUR AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR YOUR CONDUCT, ANY CONSUMER’S CONDUCT AND/OR ANY OTHER THIRD-PARTY’S CONDUCT ON OUR PLATFORM OR USE OF TRUSTPILOT SERVICES, INCLUDING ANY USER GENERATED CONTENT.

• EXCLUDING EACH PARTY’S INDEMNITY OBLIGATIONS OUTLINED IN THE INDEMNITIES SECTION BELOW, EACH PARTY’S (AND EACH PARTY’S AFFILIATES’) TOTAL AGGREGATE LIABILITY TO THE OTHER PARTY IN ANY CIRCUMSTANCES IS LIMITED TO THE TOTAL AMOUNT YOU PAID US FOR OUR SERVICES IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM GIVING RISE TO THE LIABILITY AROSE.

If you are on our free plan:

OTHER THAN FOR A NON-EXCLUDABLE CONDITION AND/OR LIABILITY THAT WE CAN’T EXCLUDE OR LIMIT UNDER APPLICABLE LAW, OUR AND OUR AFFILIATES’ LIABILITY IN CONNECTION WITH OUR SERVICES AND/OR THESE TERMS, IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IS LIMITED AS FOLLOWS:

• WE AND OUR AFFILIATES HAVE NO LIABILITY ARISING FROM YOUR USE OF OUR SERVICES AND/OR THESE TERMS FOR ANY LOSS OF REVENUE OR PROFIT, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OR CORRUPTION OF DATA, LOSS OF CAPITAL, LOSS OF ANTICIPATED SAVINGS, DAMAGE TO REPUTATION, LOSS IN CONNECTION WITH ANY OTHER CONTRACT, OR ANY OTHER INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL LOSS, DAMAGE OR EXPENSE (INCLUDING LEGAL COSTS).

• WE AND OUR AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR YOUR CONDUCT, ANY CONSUMER’S CONDUCT AND/OR ANY OTHER THIRD-PARTY’S CONDUCT ON OUR PLATFORM OR USE OF TRUSTPILOT SERVICES, INCLUDING ANY USER GENERATED CONTENT.

• OUR AND OUR AFFILIATES’ TOTAL AGGREGATE LIABILITY TO YOU IN ANY CIRCUMSTANCES IS LIMITED TO THE TOTAL AMOUNT YOU PAID US FOR OUR SERVICES IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM GIVING RISE TO THE LIABILITY AROSE.

46. Indemnities:

You indemnify us: You will pay us and each of our affiliates on demand the amount of all losses, costs (including reasonable legal costs), expenses, demands or other liabilities (whatever their nature and whether or not they are avoidable or foreseeable) that we or our affiliates incur or suffer arising out of, or in connection with:

• your use of our services (such as the review invitations sent to your consumers, the writing, creation, submission or procurement of fake reviews, any content you provide, or any breach of our guidelines) or any user generated content created by you, originating from you or otherwise relating to you on our platform; and

• your breach of applicable privacy laws (including, without limitation, any breach of your obligations regarding sending invitations to your consumers) or any act or omission by you which causes a data breach (as defined in Regulation (EU) 2016/679 of 27 April 2016 (the General Data Protection Regulation) (the “GDPR”)) and/or places us in breach of applicable privacy laws.

We indemnify you: We will pay you and each of your affiliates on demand the amount of all losses, costs (including reasonable legal costs), expenses, demands or other liabilities (whatever their nature and whether or not they are avoidable or foreseeable) that you or your affiliates incur or suffer arising out of, or in connection with any third-party claim that our brand marks or services infringe upon the intellectual property rights of any third party, excluding any content submitted by you or any other user generated content.

The indemnification obligations set out in this Indemnities section are subject to the following: (i) the indemnified party shall provide the indemnifying party with prompt written notice of the third party claim or action; (ii) the indemnifying party shall have the option of assuming control over the defense and/or settlement of such claim; (iii) the indemnified party shall cooperate with the indemnifying party as reasonably requested; provided, however, that such cooperation is at the indemnifying party's sole cost and expense; and (iv) the indemnifying party shall not settle any claim or action on behalf of the indemnified party without first notifying the indemnified party of all details related to such settlement, and receiving the indemnified party's prior written consent.

This section outlines how disputes may be resolved.

47. Dispute resolution: Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting us through support.trustpilot.com. If you and we are not able to resolve the issue, you and we agree to bring claims only in the jurisdiction listed in the Our contracting entities and governing law section.

Please take a look over these additional terms.

48. No professional advice: Trustpilot isn’t in the business of giving any kind of professional advice. For example, we do not give any kind of financial, tax or legal advice. We may provide you with information we think might be useful, like our template suggestions for the review invitations you send to your consumers or the insights and analytics you access through your business account, but this should not be seen as advice and we aren’t liable for your use of the information or the conclusions you make from it. It is up to you to ensure that you use our services in a way that is compliant with applicable law.

49. Changes to these terms: We can make changes to these terms from time to time. We’ll try to let you know of material changes beforehand if we can - unless we need to make those changes immediately for reasons outside our control, like a change in law. If a change isn’t material, we may not notify you. It is up to you to ensure that you regularly check, read, understand and agree to the most recent version of these terms, as any changes to these terms will immediately apply to you without any further positive acceptance, confirmation or action by you.

50. Changes to our services: We may change or discontinue one or more of our services from time to time in our discretion. If we make material changes to the functionality of one of our services, you can contact us and, in our discretion, we’ll either refund the portion of the subscription fee for that service that you’ve prepaid for the remaining part of your subscription period - or give you credit that you can use during the remaining part of your subscription period towards other services that we provide.

51. Events outside our control: We do our best to control what we can. We or our affiliates aren’t liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.

52. Notices: Any notice you send to Trustpilot must be sent to support@trustpilot.com. Unless we say otherwise in these terms, any notices we send to you will be sent to the email address you’ve provided to us through your business account or listed on your commercial materials.

53. Blocking your access, disabling your subscription, or refusing to process a payment: As our sites are global, different laws may apply in different countries that restrict our relationship with you. We may block your access, terminate your subscription, or refuse to process a payment if we reasonably believe there’s a risk - like a potential breach of a law or regulation - associated with you, your business, your subscription, or a payment. Examples of where we might do this include transactions where the payment is from a sanctioned person or country; or where we reasonably believe there is a legal or regulatory issue. You promise that you’re not located in a sanctioned country and are not on a sanctioned persons list. We may also stop users or business accounts from a country if we can’t receive payments from that country. You should check what payment methods are available in your country for making payments. We may take any of these actions without notice.

54. Transfer: We may assign, transfer or sub-contract any of our rights or obligations in these terms to any other entity or firm in our discretion. You may assign, transfer or subcontract your rights and/or obligations, but only with our advance written consent. Any change in the direct or indirect control of the domains receiving our services (by selling them or otherwise) will be treated as a transfer by you that requires our advance written consent.

55. Survival: Any section or part of a section that, by its nature, is stated or intended to survive expiry or termination of these terms will continue to apply to you and us even after the terms are terminated (including the Limitation of Liability and Indemnities sections).

56. Entire agreement: When you agree to these terms, they (and any commercial materials regarding your current subscription, if any) constitute the entire agreement between you and us in relation to its subject matter and supersede anything you and us may have previously discussed or agreed (including any previous version of these terms).

57. Language: We may provide certain commercial materials to you in another language but all other communications and notices made under these terms must be in English. If we provide a translation of these terms, it is for your convenience only and the English language version will take precedence. We will have no responsibility or liability in respect of the content or accuracy of any translated versions of these terms.

58. Enforcement of terms: If there’s any part of these terms that either you or we are legally unable to enforce, that part will be ignored but everything else will remain enforceable.

59. Interpretation: Words like ‘include’, ‘like’, and ‘for example’ are not words of limitation and where anything is within our discretion we mean our sole discretion.

60A. Our contracting entities and governing law: These terms and any dispute or claim arising out of or in connection with them, their subject matter or their formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of the Trustpilot entity that you are contracting with as set out in the column entitled “Governing Law” in the table below.

If you are registered, or you have your principal place of business (if you’re unregistered), in a country outside of those listed in the table above, we will notify you of the Trustpilot entity that you’re contracting with in the commercial materials we provide to you when you sign up. Depending on which Trustpilot entity you’re contracting with, the Governing Law that applies to your contract with Trustpilot will be as set out in the table above.

60B. Jurisdiction: If you are contracting with Trustpilot A/S, then you and we both irrevocably agree that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms or their subject matter or formation. Similarly, if you are contracting with Trustpilot, Inc., then you and we both irrevocably agree that the Courts of New York, USA shall have exclusive jurisdiction to settle any such dispute or claim.

61. No waiver: Our failure to exercise, or delay in exercising, a right, power or remedy provided in these terms or by law will not constitute a waiver of that right, power or remedy. Our waiver of any obligation or breach of these terms shall not operate as a waiver of any other obligation or subsequent breach of these terms.

62. Trustpilot’s information rights: You agree to promptly provide information and access for Trustpilot to audit your use of our services and your compliance with these terms and our guidelines.

For example, we may ask for you to provide us with information about your invitation process, including how and when you send review invitations or direct consumers to your business profile page, the templates you use and provide random anonymised examples of invitations.

We will give you reasonable prior notice of any audit. Any audit we undertake will be at our expense and limited to once per calendar year.

63. Conflicts: If there is any conflict or inconsistency between these terms and the commercial materials, the commercial materials will take precedence with respect to that conflict or inconsistency.