Last Updated: March 24, 2026
Effective Date: March 24, 2026
1. Introduction and Acceptance
Welcome to Ampliyo. These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Ampliyo ("Ampliyo," "we," "us," or "our"). These Terms comprehensively govern your access to and use of the Ampliyo platform, including websites, APIs, SMS services, email services, applications, and all related services (collectively, the "Service").
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of the Service.
2. Eligibility
You must be at least 18 years of age and have the legal authority to bind the business entity you represent. By using the Service, you represent and warrant that you meet these requirements and that all information you provide is accurate, current, and complete.
3. Account Registration and Security
- You are responsible for maintaining the confidentiality of your account credentials
- You are solely responsible for all activities that occur under your account
- You must notify us immediately of any unauthorized access to or use of your account
- We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised
- Ampliyo is not liable for any loss or damage arising from your failure to maintain the security of your account credentials
4. User Consent and Data Collection Obligations
As a business user of Ampliyo, you are required to:
- Obtain Explicit Consent: You must obtain explicit, informed, and documented consent from your customers before entering their personal information (including phone numbers, email addresses, and names) into Ampliyo
- Maintain Consent Records: You must maintain records of consent that demonstrate each customer's agreement to receive communications through the Service
- Comply with Applicable Laws: Consent must comply with all applicable data protection and anti-spam laws, including but not limited to Canada's Anti-Spam Legislation (CASL), the Personal Information Protection and Electronic Documents Act (PIPEDA), Alberta's Personal Information Protection Act (PIPA), the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, GDPR, CCPA, and any other applicable privacy regulations
- Accurate Information: You must ensure that all customer information entered into Ampliyo is accurate and obtained through legitimate means
Ampliyo is not responsible for any penalties, fines, legal actions, or damages arising from your failure to obtain proper consent or your improper handling of customer data.
5. Acceptable Use Policy
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:
- Use the Service to send unsolicited, spam, or fraudulent messages
- Upload or transmit any content that is unlawful, threatening, abusive, defamatory, obscene, or otherwise objectionable
- Impersonate any person or entity, or falsely represent your affiliation with any person or entity
- Attempt to gain unauthorized access to any part of the Service or any system or network connected to the Service
- Use the Service to collect or harvest personal information of third parties without their consent
- Interfere with or disrupt the integrity or performance of the Service
- Use the Service to circumvent any applicable review platform's terms of service (e.g., incentivizing or fabricating reviews)
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
- Resell, sublicense, or redistribute the Service without our written consent
- Use the Service in any manner that could damage, disable, overburden, or impair the Service
Violation of this policy may result in immediate suspension or termination of your account without refund.
6. Transparency in Communication
You must clearly inform your customers that:
- Their information will be used for sending communications via the Ampliyo platform
- Ampliyo is a tool used by your business and does not initiate contact independently
- They may opt out of receiving communications at any time
7. SMS and Email Compliance
You are solely responsible for ensuring compliance with all telecommunications and anti-spam regulations, including but not limited to:
- CASL: Obtaining express or implied consent as required by Canada's Anti-Spam Legislation before sending commercial electronic messages
- TCPA: Obtaining prior express written consent before sending marketing SMS messages to U.S. recipients
- CAN-SPAM: Including accurate sender information, subject lines, and unsubscribe mechanisms in all commercial emails sent to U.S. recipients
- PIPEDA / PIPA: Handling personal information in accordance with Canadian federal and provincial privacy legislation
- Do Not Call Lists: Honoring applicable National Do Not Call Lists
You agree to indemnify and hold Ampliyo harmless from any claims, fines, penalties, or damages arising from your SMS or email communications sent through the Service.
8. Subscription, Billing, and Cancellation
8.1 Subscription Plans
Ampliyo offers Free and Premium subscription plans. Plan details, features, and pricing are available on our Pricing page. We reserve the right to modify pricing with 30 days' advance notice.
8.2 Billing
- Premium subscriptions are billed monthly or annually, as selected during sign-up
- All fees are non-refundable except as expressly stated in Section 8.4
- You authorize us to charge your payment method on file for recurring subscription fees
- Failure to pay may result in suspension or termination of your account
8.3 Plan Changes
You may upgrade or downgrade your plan at any time through your account settings. Downgrades take effect at the end of the current billing period. Upgrades take effect immediately with prorated charges.
8.4 Cancellation and Refund Policy
- You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period
- No refunds are provided for partial billing periods
- No refunds are provided for unused SMS credits, email sends, or AI prompts
- In the event of service unavailability exceeding 72 continuous hours due to Ampliyo's fault (excluding scheduled maintenance), you may request a prorated credit for the affected period
9. Service Availability
We strive to maintain 99.9% uptime but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:
- Scheduled maintenance (we will provide advance notice when possible)
- Circumstances beyond our reasonable control (force majeure events)
- Emergency security patches or updates
- Third-party service provider outages (e.g., SMS carriers, cloud infrastructure)
Ampliyo is not liable for any damages or losses resulting from temporary service interruptions.
10. Intellectual Property Rights
- All intellectual property in the Service — including trademarks, service marks, logos, software, designs, and content — is owned by Ampliyo or its licensors
- You may not copy, modify, distribute, sell, or lease any part of the Service without our written consent
- You retain ownership of all content and data you submit through the Service
- You grant Ampliyo a limited, non-exclusive license to use, process, and display your content solely to provide the Service
11. AI-Generated Content
Ampliyo uses artificial intelligence (powered by third-party AI providers) to generate marketing copy, review request messages, and campaign content. Regarding AI-generated content:
- AI-generated content is provided as suggestions and drafts only
- You are solely responsible for reviewing, editing, and approving all AI-generated content before it is sent to your customers
- Ampliyo does not guarantee the accuracy, appropriateness, or effectiveness of AI-generated content
- We do not share your customer personal data with AI providers — only business information and campaign goals are used for content generation
- You must ensure that all AI-generated content complies with applicable laws, industry regulations, and your own business standards before use
12. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Ampliyo expressly disclaims all warranties, including but not limited to:
- Warranties of merchantability, fitness for a particular purpose, and non-infringement
- Warranties regarding the accuracy, reliability, completeness, or timeliness of any information obtained through the Service
- Warranties that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components
- Warranties regarding the results that may be obtained from the use of the Service, including but not limited to the number of reviews generated, revenue increases, or customer retention improvements
All ROI projections, case study results, and growth estimates presented on our website are based on industry averages and reported customer experiences. They are not guarantees of specific results. Individual results vary based on industry, location, customer base, and consistency of use.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
13.1 Maximum Liability Cap
AMPLIYO'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO AMPLIYO IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. If you are on the Free plan, Ampliyo's maximum liability shall not exceed ten dollars ($10.00 USD).
13.2 Exclusion of Consequential Damages
IN NO EVENT SHALL AMPLIYO BE LIABLE FOR ANY:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, business opportunities, goodwill, or anticipated savings
- Loss of data or data breach (except as required by applicable data breach notification laws)
- Business interruption or downtime costs
- Damages resulting from third-party claims against you
- Damages resulting from unauthorized access to your account due to your failure to protect your credentials
- Damages resulting from the acts or omissions of third-party service providers (e.g., SMS carriers, payment processors, cloud providers)
13.3 Circumstances Giving Rise to Liability Claims
These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise), even if Ampliyo has been advised of the possibility of such damages. The following scenarios are specifically covered:
- Service Outages: Temporary or prolonged unavailability of the platform
- SMS/Email Delivery Failures: Failure of messages to reach intended recipients due to carrier issues, invalid numbers, or spam filtering
- Review Platform Changes: Changes to third-party review platforms (Google, Yelp, etc.) that affect the functionality of the Service
- AI Content Issues: Errors, inaccuracies, or inappropriate content generated by AI features
- Data Loss: Loss of customer data due to system failures, except where caused by our gross negligence
- Integration Failures: Failures in third-party integrations (Stripe, Twilio, OpenAI, etc.)
- Regulatory Actions: Fines or penalties imposed on you for SMS/email compliance violations
14. Indemnification
You agree to defend, indemnify, and hold harmless Ampliyo, its officers, directors, employees, agents, and affiliates from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:
- Your use of the Service
- Your violation of these Terms
- Your violation of any law, regulation, or third-party right
- SMS or email messages sent through your account
- Content you submit, post, or transmit through the Service
- Your failure to obtain proper consent from your customers
- Any claim by a third party related to your use of the Service
15. Termination
15.1 Termination by You
You may terminate your account at any time by canceling your subscription through your account settings or by contacting us at support@ampliyo.com.
15.2 Termination by Ampliyo
We reserve the right to suspend or terminate your access to the Service immediately, without prior notice, if:
- You violate these Terms or our Acceptable Use Policy
- Your account is used for fraudulent, illegal, or harmful activities
- You fail to pay subscription fees when due
- We are required to do so by law or regulation
- We believe your use poses a security risk to our platform or other users
15.3 Effects of Termination
- Upon termination, your right to access the Service ceases immediately
- We will retain and delete your data in accordance with our Privacy Policy
- Sections relating to intellectual property, limitation of liability, indemnification, and governing law survive termination
- No refunds will be issued for the remaining portion of any pre-paid subscription period
16. Changes to the Service
Ampliyo reserves the right to modify, suspend, or discontinue any feature or aspect of the Service at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.
17. Modifications to Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated via:
- A notice posted on the Service
- Email notification to the address on file
- Updating the "Last Updated" date at the top of these Terms
Continued use of the Service after the effective date of changes constitutes acceptance of the modified Terms. If you do not agree with the changes, you must discontinue use of the Service.
18. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law provisions. Any legal action or proceeding relating to these Terms shall be brought exclusively in the courts of competent jurisdiction located in Alberta, Canada, and you consent to the personal jurisdiction of such courts.
19. Dispute Resolution
Before initiating any formal legal action, you agree to first attempt to resolve any dispute with Ampliyo informally by contacting us at support@ampliyo.com. If the dispute cannot be resolved within 30 days, either party may proceed with formal resolution through the courts as specified in Section 18.
20. Force Majeure
Ampliyo shall not be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, acts of government, pandemics, internet or telecommunications failures, power outages, cyberattacks, or third-party service provider failures.
21. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
22. No Waiver
No failure or delay by Ampliyo in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy. A waiver of any default shall not constitute a waiver of any subsequent default.
23. Relationship of the Parties
Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and Ampliyo. You may not make any representation or commitment on behalf of Ampliyo.
24. Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Ampliyo regarding the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.
25. User Content and Feedback
You retain ownership of content you submit through the Service. However, by submitting feedback, ideas, or suggestions to Ampliyo, you grant us a non-exclusive, royalty-free, perpetual, irrevocable license to use, modify, and incorporate such feedback into the Service without any obligation to compensate you.
26. Third-Party Services
The Service integrates with and relies upon third-party services (e.g., Google, Yelp, Twilio, Stripe, OpenAI). We are not responsible for the availability, accuracy, or practices of these third-party services. Your use of such services is subject to their respective terms and policies.
27. Export Compliance
You agree to comply with all applicable export and import control laws and regulations. You may not use the Service in any country or region subject to comprehensive trade sanctions or embargoes.
28. Contact Us
For any questions about these Terms of Use, please contact us at:
Ampliyo
Email: support@ampliyo.com
Alberta, Canada