Business Terms (DRAFT – attorney review)

This document is a draft for attorney review. It is not in effect and is not legal advice. It applies to anyone who claims, manages, or advertises a business on YayNo™, a service of Latitude 65 Technologies LLC.

• No paying for removal. No plan, fee, or deal lets a business remove, hide, reorder, or suppress reviews. This includes the FTC Consumer Review Rule, 16 CFR 465, which prohibits review suppression, and the Consumer Review Fairness Act, 15 U.S.C. § 45b.
• No removal requests. You cannot remove, hide, or ask us to remove a customer's review. Only the person who wrote the review can withdraw it. Your dashboard has no removal control, and the API returns 403 if a business key tries.
• No cherry-picking. QR codes, visit codes, and invite links must be offered to every customer, not just those expected to be happy. Printed Yay and No cards are a pair: both go where every customer can see them. That means displaying the live counter code where every customer can see it, handing out numbered visit codes in order, and sending invites to the complete customer list. We monitor issued, scanned, and unused codes and investigate patterns.
• No incentives tied to sentiment. You cannot offer rewards only for positive reviews (FTC Rule 16 CFR 465.4). Any incentive must be offered to everyone, whatever the rating, and disclosed on the review.
• No insider reviews. Owners, staff, and their families cannot review the business without disclosure; on YayNo they cannot review it at all.
• No review suppression. You cannot threaten reviewers or make groundless legal claims against them (FTC Rule 16 CFR 465.7). You cannot put clauses in your customer contracts that limit honest reviews (Consumer Review Fairness Act, 15 U.S.C. § 45b; see also California Civil Code § 1670.8 and similar state laws). A dispute that is really "this review is negative" is an abuse of the dispute tool.
• Responses must be truthful and must not reveal a customer's private information. You can post a public response whether or not you also file a dispute.
• Disputes: one dispute per review, from the dashboard or the API, with a category and an explanation (evidence optional). Categories are hate speech or slurs, defamation or a false statement of fact about the owner personally, threats or harassment, private information, not a real customer / fake / conflict of interest, spam or off-topic, illegal content, and IP infringement. Filing it does not hide or remove the review. Statuses are open, under review, upheld — removed, and rejected — kept. We email you the outcome. The author is told, and can respond or edit. If they don't, the review stays up. A moderator decides. Abusing disputes can lead to the account being suspended. You cannot pay for an upheld outcome.
• Court orders and DMCA go through the legal takedown process, not the dispute button. A designated DMCA agent is not yet registered.
• Claims and identity. If you claim a listing, you must be authorized to represent the business, and you must submit only genuine documents. Government IDs are used only to verify that claim, are encrypted, and are deleted on the published schedule. False claims can lead to suspension and, where the law allows, referral to authorities.
• Paid plans cover tools only, such as analytics, the website widget, the Verified Business badge, extra locations, and response tools. Paying never changes ratings, ranking, or which reviews are shown. Subscription tax treatment is described for operators in the company's state-licensing notes; businesses may see applicable tax at checkout.
• Founding 1,000. A separate draft, not in effect, is at `/legal/founding-terms` and in `docs/FOUNDING_TERMS.md`. It needs attorney review before anyone relies on it. It does not let a business pay to change reviews or scores, and it does not discount pay-per-lead or ads.
• Ads. Sponsored placements are labeled and sit apart from unpaid results. They do not appear on a business listing, so a business cannot advertise on a competitor’s page. Buying an ad does not change Yay scores, review visibility, or organic rank. Approved rates are $39 per week or $129 per 30 days for a sponsored result, $49 per week for a city or search side rail, and $69 per week for the home side rail. A founding price never changes an ad rate.
• Review invites after a payment. A completed payment may send one single-use link, only with a recorded consent, an unsubscribe path, and a STOP keyword for texts. Invites do not choose who may review based on expected sentiment. Live email and SMS need attorney review of the TCPA and CAN-SPAM. Commercial email footers use COMPANY_MAILING_ADDRESS, which is empty until a virtual mailbox is set. Live commercial email does not send until then.
• Insights. Aggregate reports omit groups smaller than the published minimum and never include a reviewer’s identity, contact, device, or review text.
• Partner offers. Offers in the dashboard are labeled partner offers. They are not access to reviews or reviewer data. No partner is appointed by these terms.
• YayNo Plus (pay per lead). The monthly Plus price is the one shown on the pricing page. You see the lead price before you turn requests on, and again before you accept a lead. A quote lead is $24. A question lead is $9. Chase approved those lead prices. A founding rate on the subscription does not change them. A qualified lead is recorded on your ledger only when you accept it. Declining is not charged. The same normalized phone or email for your business inside the configured window is treated as a duplicate and is not charged. You may dispute a charge that is a duplicate, that has contact details you cannot reach, or that is obvious spam or fraud. A dispute needs a reason and may include a file. The window is 7 days after you accept, and the dispute goes to review. If the dispute is upheld, the charge is credited. If it is rejected, the charge stays and you receive the decision note. The ledger is append-only. Plus never changes reviews, review visibility, Yay or No scores, or organic ranking. A person who requests a quote is not a verified customer and cannot leave a verified review because of that request. Card processing, if used, is test mode only until a live account is approved. Counsel should review TCPA obligations if you call or text a lead, and CAN-SPAM if you email them a promotion.
• Listings. You are responsible for the accuracy of the information you add to your listing. Directory data imported from Overture Maps or OpenStreetMap is attributed on the site and is not an endorsement.
• Termination. We may suspend a business account for repeated policy violations, fraud, or legal risk. Suspension does not, by itself, remove honest customer reviews of that business.

Other drafts: Terms of Use · Privacy Policy · Content & Review Guidelines · Content & Review Guidelines · Business Terms · Founding 1,000 terms · Refunds · Legal Takedown & Dispute Process · DMCA Policy