Better Off Labs — Terms of Service

These Terms of Service ("Terms") govern your use of the services provided by PMR DIGITAL, LLC, doing business as BETTER OFF LABS ("Company," "we," "us," or "our"), including the setup and ongoing management of the 5 Star Review Engine™; our websites at betterofflabs.com and app.betterofflabs.com (together, the "Platform," including our client dashboard and reporting, the employee-facing review pages, and any branded subdomain review page we host for you); and any related services (collectively, the "Services").

By completing checkout and paying for the Services, paying an invoice, or otherwise using or accessing the Services, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree, do not use the Services. Our checkout process presents these Terms and our Privacy Policy, and completing checkout constitutes your acceptance of both.

1. Services

We provide done-for-you employee review systems for employers. Our core offering is the 5 Star Review Engine™, which we design, build, connect, and manage on your behalf, typically using best-in-class automation and infrastructure platforms. Depending on the plan you purchase at checkout, the Services may include:

• A reputation audit and target-rating plan for your Indeed and Glassdoor profiles.
• An automated invitation system that invites your employees to leave honest reviews at appropriate moments, without coercion or incentives.
• A review experience that makes it effortless for a willing employee to leave an honest review on Indeed or Glassdoor.
• An optional private feedback option presented alongside the public review links so employees can share concerns directly with your team. Public Indeed and Glassdoor review links remain available to every employee regardless of the rating they give; the system never blocks, gates, or diverts any employee from posting a public review. Based on an employee's own rating, the system adjusts only which option is shown more prominently.
• A branded review page hosted on a subdomain of your domain (e.g., reviews.yourcompany.com), together with a client dashboard and reporting and access to our web application at app.betterofflabs.com.
• Ongoing rating-growth optimization and monthly reporting.

The Services are delivered as an initial build and setup, followed by ongoing monthly management as described in Section 12. The specific components, deliverables, and fees applicable to you are those set forth in the plan you purchase at checkout or in the applicable invoice.

2. Fees and Payment

The setup fee for the initial build and the recurring monthly fee for ongoing management are the amounts presented at checkout or set forth in the applicable invoice (unless otherwise agreed in writing).

• Payment is collected at checkout, or an invoice is issued upon your acceptance of these Terms.
• Payment is due upon receipt of the invoice.
• Preferred method: credit or debit card. ACH bank transfer is also accepted (instructions provided with invoice).
• If full payment is not received within 14 calendar days of the invoice date, we may suspend all Services (including your live invitations and automations) until payment is received. Late payments may incur interest at 1.5% per month (or the maximum rate allowed by law) plus reasonable collection costs.

Fees are non-refundable except as expressly provided in the Better Off Guarantee (Section 4).

3. Project Start Date and Timeline

The Project Start Date is the later of:

• The date we receive full payment of the setup fee in cleared funds, or
• The date we receive your completed onboarding, your employee list and the milestones that matter, and functional access to the accounts we need (e.g., your Indeed and Glassdoor employer profiles, and, where applicable, your HRIS or ATS).

Most builds are completed within approximately 7 to 10 business days after the Project Start Date, subject to your timely cooperation and approvals. All timelines are measured from the Project Start Date.

4. The Better Off Guarantee

We stand behind the 5 Star Review Engine™. On your first day of live service, we record a baseline of your average Indeed and Glassdoor ratings (your "Day-One Baseline"). The Guarantee has two parts, described in Sections 4.1 and 4.2. Both are conditional as set out in Section 4.3, and together they are your sole and exclusive remedies for the results of the Services.

4.1 30-Day Money-Back Window

If you are not satisfied for any reason, you may request a full refund of the setup fee by sending written notice to support@betterofflabs.com within thirty (30) days of your Project Start Date. We process approved refunds within thirty (30) days of approval. After this 30-day window, the setup fee is non-refundable except as required by law or as expressly provided in these Terms.

4.2 0.5-Star Performance Guarantee

If, after ninety (90) days of your system running live and your compliance with the setup steps and recommendations we provide, your average rating on at least one of Indeed or Glassdoor has not increased by at least 0.5 stars above your Day-One Baseline, we will continue to provide the monthly Service at no additional charge until the earlier of: (a) your average rating on at least one platform increasing by at least 0.5 stars above the Day-One Baseline; or (b) one hundred twenty (120) days after your Project Start Date. If the 0.5-star increase has still not been achieved at the 120-day point, we may, in our sole discretion, elect either to continue the Services or to discontinue them, and no further fees will be owed for any no-charge period already provided. This free-work period does not entitle you to any refund of amounts already paid; your only refund remedy is the 30-Day Money-Back Window in Section 4.1.

4.3 Conditions

The Guarantee is conditional. Neither part applies, no refund will be issued, and any no-charge period may be ended, if:

• You do not complete onboarding or provide the access, DNS changes, content, and approvals we need on a timely basis
• You turn off, alter, or stop using the system as configured, or do not follow the recommended setup and steps we provide
• You breach any term of these Terms
• Payment is not received on time
• Delays are caused by Force Majeure or factors outside our reasonable control

These are your sole and exclusive remedies under the Guarantee. Except for the Guarantee on its stated terms, we make no representation or warranty regarding business outcomes, star ratings, review counts, applicant volume, or hiring outcomes.

5. Your Responsibilities (Client Obligations)

To receive the Services and qualify for the Guarantee, you agree to:

5.1 Timely Access and Materials

Provide, within five (5) business days of our request, secure access to the accounts and assets we need (e.g., your Indeed and Glassdoor employer profiles, and, where applicable, your HRIS or ATS), along with your employee contact list, the employment milestones that should trigger invitations, and any other information reasonably required to build and operate your engine. You also agree to make the DNS changes we request for your domain (for example, adding a CNAME or similar record) so that we can provision and host your branded review page on a subdomain of your domain (e.g., reviews.yourcompany.com). You are responsible for owning and controlling your domain and for keeping these DNS records in place for the duration of the Services.

5.2 Dedicated Point of Contact

Designate one primary Point of Contact with decision-making authority who will respond to our reasonable requests and approval needs within two (2) business days.

5.3 Rights to Materials

Represent and warrant that you own or have the rights to all content, images, trademarks, and other materials you provide to us, and that our use of them for the Services will not infringe the rights of any third party.

5.4 Legal Compliance, Consent, and Authentic Reviews

You are responsible for complying with all laws and platform policies applicable to your business and your employees, including the Indeed and Glassdoor review guidelines, the FTC's endorsement guidelines, and applicable messaging laws (such as the TCPA and CAN-SPAM Act). You must obtain any consent required to share your employees' contact information with us and to contact them. You must not coerce, require, or incentivize employees to leave reviews, instruct us to publish fake or misrepresentative reviews, or suppress or gate honest negative reviews. We facilitate honest invitations to your employees and give every employee the ability to post a public review or share private feedback, but you remain responsible for how you treat and communicate with your team.

You acknowledge that the review experience presents the public Indeed and Glassdoor review links to every employee at every rating and that, based on the employee's own rating, the system adjusts only which option — the public review links or the private feedback option — is displayed more prominently. You approve this presentation as part of your configuration of the Services, and you are solely responsible for confirming, with your own counsel where appropriate, that your solicitation of reviews from your employees complies with the laws, regulations, and platform policies applicable to you.

5.5 Cooperation

Provide reasonable cooperation throughout the engagement. Material delays or non-cooperation may void the Guarantee and allow us to suspend or terminate Services without refund.

6. Intellectual Property

You retain ownership of your brand, content, and the materials and employee data you provide, as well as the reviews your employees author. We retain all rights to our proprietary methodologies, system configurations, templates, automations, and know-how ("Company IP"). During the engagement you receive a limited, non-exclusive, non-transferable license to use the engine and any custom tooling we configure for you. Your use of any third-party platform (such as Indeed or Glassdoor, or the automation and infrastructure platforms we use) is also subject to that platform's terms.

7. Confidentiality and Data Protection

Both parties agree to keep confidential the other party's non-public information. We implement reasonable security measures to protect the information we handle during the engagement.

Data We Process for You

In operating your review engine, we process information about your employees that flows through the system (such as names, contact details, employment milestones, survey scores, and review interactions). We act as a service provider processing that information on your behalf and on your instructions, consistent with Section 5.4. We may use trusted third-party sub-processors and vendors (for example, hosting, database, email delivery, and automation providers) to deliver the Services, and we require them to protect information consistent with these Terms. To the extent applicable, we act as a "service provider" under the California Consumer Privacy Act and a "processor" under other applicable data-protection laws, and we do not sell your employees' personal information. Our handling of information is further described in our Privacy Policy.

8. Disclaimers, Platform Actions, and Limitation of Liability

8.1 General Disclaimer

EXCEPT FOR THE CONDITIONAL GUARANTEE IN SECTION 4, THE SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT GUARANTEE SPECIFIC STAR RATINGS, REVIEW COUNTS, APPLICANT VOLUME, OR HIRING OUTCOMES, AND WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OR ACTS OF THIRD-PARTY PLATFORMS WE RELY ON (SUCH AS INDEED, GLASSDOOR, AND THE HOSTING, EMAIL, AND PAYMENT PROVIDERS WE USE). OUR WEBSITES AND APPLICATION (INCLUDING THE CLIENT DASHBOARD AND THE EMPLOYEE REVIEW PAGES) ARE PROVIDED ON AN "AS AVAILABLE" BASIS, AND WE DO NOT WARRANT THAT THEY WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

8.2 Third-Party Platforms and Review Outcomes

The Services depend on third-party review platforms (including Indeed and Glassdoor) that we do not own or control. These platforms may, at any time and in their sole discretion: remove, filter, hide, reorder, decline to publish, or re-verify any review; recalculate or adjust ratings; flag a profile or place an employer alert, community notice, or similar warning on it; suspend, restrict, or terminate employer accounts or profiles; change their policies, guidelines, algorithms, eligibility criteria, or terms; or discontinue features on which the Services rely. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO CONTROL OVER, AND ASSUME NO RESPONSIBILITY OR LIABILITY FOR, ANY SUCH PLATFORM DECISION OR ACTION, INCLUDING THE REMOVAL OR NON-PUBLICATION OF REVIEWS SUBMITTED BY YOUR EMPLOYEES, ANY EMPLOYER ALERT OR SIMILAR NOTICE PLACED ON YOUR PROFILE, ANY CHANGE TO YOUR RATINGS, OR ANY SUSPENSION OR RESTRICTION OF YOUR PLATFORM ACCOUNTS. Platform decisions and actions do not entitle you to any refund, credit, set-off, or damages, except as expressly provided in the Better Off Guarantee (Section 4) on its stated terms.

8.3 Compliance Responsibility; No Legal Advice

Laws, regulations, enforcement positions, and platform rules governing the solicitation of reviews — including the FTC Act, the FTC's Endorsement Guides, the FTC's Rule on the Use of Consumer Reviews and Testimonials, state consumer-protection and employment laws, and the Indeed and Glassdoor guidelines — continue to evolve, and their application to employer-employee review programs may be uncertain. We provide software and services that you direct and configure; WE DO NOT PROVIDE LEGAL ADVICE, and nothing in the Services, our marketing materials, or our communications constitutes legal advice or a representation that your use of the Services complies with any law, regulation, or platform policy. You are solely responsible for evaluating, with your own counsel, whether and how you invite your employees to leave reviews, including the presentation choices described in Section 5.4.

8.4 Assumption of Risk

You acknowledge that inviting employees to leave public reviews carries inherent risks that are outside our control, and you knowingly and voluntarily assume those risks, including: (a) removal, filtering, non-publication, or re-verification of reviews; (b) platform enforcement actions, employer alerts or notices, rating adjustments, or account suspensions or restrictions; (c) regulatory or governmental inquiries, investigations, or proceedings concerning your review-solicitation practices; (d) negative, critical, or unwanted reviews from current or former employees; (e) employee complaints, disputes, or other employee-relations consequences; and (f) harm to reputation, goodwill, or employer brand arising from any of the foregoing. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, COST, OR CLAIM ARISING OUT OF OR RELATING TO ANY OF THESE RISKS.

8.5 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, REPUTATIONAL HARM, OR DATA LOSS), REGARDLESS OF THE CAUSE.

9. Termination

Either party may terminate for material breach with 15 days' written notice (5 days for non-payment or access failures). Ongoing monthly Services are also subject to the cancellation terms in Section 12. Upon termination due to your breach or non-cooperation, no refund is due and the Guarantee is void. We may suspend Services immediately for late payment or access issues.

10. Governing Law and Disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict of laws rules. Exclusive venue is in Travis County, Texas.

Before filing suit, the parties agree to good-faith negotiation for 15 days, followed by mediation in Austin, Texas. We may seek injunctive relief for IP or confidentiality breaches without exhausting this process.

Jury Trial and Class Action Waiver. To the maximum extent permitted by law, each party waives any right to a jury trial and agrees that any dispute will be brought only in the party's individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. Any claim must be filed within one (1) year after it arises, or it is permanently barred, to the extent permitted by law.

11. Miscellaneous

• These Terms, together with your checkout order and any invoice, constitute the entire agreement and supersede all prior discussions.
• No modification is valid unless agreed in writing by both parties.
• If any provision is found invalid, the remainder remains in effect.
• You may not assign these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, to an affiliate or to a successor in connection with a merger, acquisition, reorganization, or sale of assets.
• Force Majeure. Neither party is liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including acts of God, outages, third-party platform or vendor failures, changes in platform policies, labor disputes, or governmental action.
• Survival. The provisions that by their nature should survive termination will survive, including those on Fees and Payment, Intellectual Property, Confidentiality and Data Protection, Disclaimers, Platform Actions, and Limitation of Liability, Indemnification, Governing Law and Disputes, and this Miscellaneous section.
• Publicity. We may identify you as a client and use your name and logo in our marketing and portfolio. You may opt out at any time by written notice to legal@betterofflabs.com.
• These Terms may be accepted electronically, and electronic signatures and acceptances have the same effect as handwritten ones.
• Notices should be sent to legal@betterofflabs.com or the address below.
• We are independent contractors. Nothing creates a partnership or agency relationship.
• These Terms may be updated from time to time. Continued use after changes constitutes acceptance.

12. Monthly Management and Hosting

After the initial build, the 5 Star Review Engine™ is provided as an ongoing monthly Service that includes management, optimization, and support as described in your selected plan. All provisions of these Terms apply to the monthly Service, as supplemented by this Section 12. In the event of a conflict between this Section 12 and the rest of these Terms as applied to the monthly Service, this Section 12 controls.

12.1 Scope

The monthly Service includes operating the components of your 5 Star Review Engine™ (such as the invitation system, the review flow, the private feedback option, and reporting), reasonable ongoing optimization, and support, in each case as set forth in your selected plan. Work beyond your selected plan is Additional Work, available for an additional fee and agreed in writing before it begins.

12.2 Fees, Billing, and Auto-Renewal

• The monthly fee is the amount presented at checkout for your selected plan (or set forth in the applicable invoice). Fees are billed in advance on a recurring monthly cycle.
• Payment is due upon receipt. ACH bank transfer is preferred; credit and debit card payments are accepted.
• The monthly Service is month-to-month with automatic renewal each month until canceled in accordance with Section 12.3.
• If full payment is not received within 14 calendar days of the invoice date, we may suspend the Service (including your live invitations and automations) until payment is received. Late payments may accrue interest at 1.5% per month (or the maximum rate permitted by law) plus reasonable collection costs.
• Except as provided in the Better Off Guarantee (Section 4), monthly fees are non-refundable, including for partial months. Fees already invoiced at the time of cancellation remain due and payable.

12.3 Cancellation (30-Day Notice)

Either party may cancel the monthly Service at any time by providing thirty (30) days' prior written notice to the other party. Written notice to us must be sent by email to support@betterofflabs.com. Services and monthly billing continue through the end of the 30-day notice period, and any invoice issued during that period remains due and payable in full. There is no pro-rata or partial-month refund. We may terminate the Service immediately, without the 30-day notice and without refund, for non-payment, material breach, or loss of required account access.

12.4 Transition on Cancellation

Upon cancellation or termination, ongoing management and automations cease and your license to use our system configurations and custom tooling ends. You retain your own content and data (subject to Section 6) and may request a reasonable export of your data as described in your selected plan. Managed automations will not continue after the end of the Service unless separately agreed.

12.5 No Performance Guarantee

Except for the Better Off Guarantee in Section 4 (which applies on its stated terms), the monthly Service is provided on an as-is basis subject to Section 8. We make no guarantee regarding specific business outcomes, star ratings, review counts, applicant volume, or hiring outcomes.

12.6 Price Changes

We may adjust the monthly fee by providing fourteen (14) days' prior written notice by email. Any new fee applies to billing cycles commencing after the notice period. If you do not agree to the new fee, you may cancel in accordance with Section 12.3.

13. Acceptable Use of Our Websites and App

The Platform (our websites and the web application at app.betterofflabs.com, including the client dashboard, reporting, the employee-facing review pages, and any branded subdomain page) is provided for use in connection with the Services. Subject to these Terms, during the engagement we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business purposes. You agree not to, and not to permit anyone to:

• copy, modify, reverse engineer, decompile, or attempt to derive the source code of the Platform, or create derivative works from it;
• access the Platform to build a competing product, or scrape, resell, or provide access to unauthorized third parties;
• interfere with or disrupt the Platform, attempt to gain unauthorized access, or circumvent any security or usage limit;
• upload unlawful, infringing, or malicious content, or use the Platform in violation of any law or third-party platform policy (including the Indeed and Glassdoor guidelines and applicable messaging laws); or
• direct employees to the review pages without any consent or lawful basis required to contact them.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. The Platform is provided on an as-is, as-available basis as described in Section 8; we do not guarantee uninterrupted availability and may modify, suspend, or discontinue features. We may remove content or suspend access we reasonably believe violates these Terms or applicable law.

14. Indemnification

You will defend, indemnify, and hold harmless the Company and its owners, officers, employees, and contractors from and against any third-party claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your content, materials, and employee data; (b) your communications with your employees and any failure to obtain a consent required to share their information or contact them (including under the TCPA, CAN-SPAM, and similar laws); (c) your violation of any law or third-party platform policy (including the FTC endorsement guidelines and the Indeed and Glassdoor guidelines); (d) your breach of these Terms or of your representations and warranties; (e) your employment practices or treatment of your employees; (f) any review authored (or not authored) by your current or former employees, and any decision, enforcement action, alert, rating change, account restriction, or other action taken by a third-party review platform with respect to your profiles or accounts; or (g) your solicitation of reviews from your employees, including any regulatory or governmental inquiry, investigation, claim, or proceeding concerning your review-solicitation practices.

We will defend, indemnify, and hold you harmless from third-party claims that the Company IP, as provided by us and used by you in accordance with these Terms, infringes that third party's U.S. intellectual-property rights. This is our sole liability, and your sole remedy, for infringement, and it is subject to the limitations in Section 8. The indemnified party will promptly notify the other of any claim, allow the indemnifying party to control the defense and settlement (provided no settlement imposes liability or admission on the indemnified party without its consent), and provide reasonable cooperation.

Contact Us

PMR DIGITAL, LLC DBA BETTER OFF LABS
5900 Balcones Drive, Suite 100
Austin, TX 78731
Email: legal@betterofflabs.com
Website: https://betterofflabs.com/

By using our Services, you acknowledge that you have read, understood, and agree to these Terms of Service.