Terms of Service

Who we are

Schubert Consulting LLC is a Texas limited liability company providing local review management and reputation services primarily to small and medium-sized businesses in the Dallas–Fort Worth Metroplex.

You can reach us at [email protected].

What the Sites provide

The Sites provide: (a) marketing and informational content about our services; (b) a signup flow for prospective clients; (c) a client portal (portal.schubertgrowth.io) for active clients to view reports and manage their subscription; and (d) contact and educational content. Certain features require a paid subscription governed by our Master Services Agreement ("MSA").

Relationship to the MSA

These Terms govern general use of the Sites by all Visitors. Paid services are separately governed by the MSA, which takes precedence over these Terms for all matters relating to paid services, fees, service delivery, and client obligations. If you are a client, both documents apply; in case of direct conflict, the MSA controls for paid-service matters.

Acceptable use

You agree not to:

• Use the Sites to violate any applicable law or regulation
• Attempt to gain unauthorized access to any portion of the Sites, systems, or data
• Reverse engineer, decompile, or otherwise attempt to derive source code from the Sites
• Scrape, harvest, or extract data from the Sites by automated means without Company's express written consent
• Interfere with or disrupt the Sites, including by introducing malware, initiating denial-of-service actions, or circumventing rate limits
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Use the Sites to transmit unsolicited commercial messages to third parties
• Submit false, misleading, or unlawfully obtained information through any form

Accounts and security

Access to the client portal requires an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect unauthorized access.

We use Clerk for authentication; your use of Clerk's authentication service is subject to Clerk's own terms.

Intellectual property

The Sites, including all content, software, design, text, images, logos, methodologies (including the Growth Gap Score), and trademarks, are owned by Company or its licensors and are protected by U.S. and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Sites for their intended purposes. No other rights are granted.

Privacy and cookies

Your use of the Sites is subject to our Privacy Policy and our Cookie Notice, published below on this page. Both are incorporated into these Terms by reference.

Third-party services and links

The Sites may link to third-party websites or integrate third-party services (including Google Business Profile, Clerk, Cloudflare, Stripe, and others). We do not control and are not responsible for third-party content, terms, or privacy practices. Your use of third-party services is governed by their own agreements.

User content

If you submit content to the Sites (e.g., inquiry form submissions, review response drafts, portal messages), you represent that (a) you have all rights necessary to submit the content, and (b) the content does not infringe, violate, or misappropriate any third-party rights. You grant Company a non-exclusive, worldwide, royalty-free license to use such content solely to deliver the Sites and the Services.

Review solicitation integrity

Schubert operates in full compliance with Federal Trade Commission guidance and Section 5 of the FTC Act. We do not engage in review gating, satisfaction filtering, selective solicitation based on anticipated sentiment, fabrication of reviews, or any practice that suppresses or conditions reviews based on likely rating. Visitors and clients are likewise prohibited from requesting or attempting to induce such practices through the Sites.

Disclaimers

Limitation of liability

Indemnification

You agree to defend, indemnify, and hold harmless Company and its officers, members, employees, and agents from and against any claims, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of these Terms; (b) your violation of any law or the rights of any third party; or (c) your use of the Sites.

Termination

We may suspend or terminate your access to the Sites at any time, with or without notice, for any reason, including if we reasonably believe you have breached these Terms. You may stop using the Sites at any time.

Provisions that by their nature should survive termination (including Sections 6, 11, 12, 13, 15, and 16) shall so survive.

Governing law and dispute resolution

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. Any action arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Tarrant County, Texas, and you consent to the exclusive jurisdiction of such courts.

Before initiating any formal legal proceeding, the Parties shall attempt in good faith to resolve the dispute through direct negotiation for at least thirty (30) days.

Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated by posting an updated version on the Sites with a new "Last updated" date. Your continued use of the Sites after the effective date of any update constitutes acceptance of the updated Terms. If you do not agree, stop using the Sites.

General provisions

Entire Agreement. These Terms, together with the Privacy Policy, Cookie Notice, and, where applicable, the MSA, constitute the entire agreement regarding your use of the Sites.

Severability. If any provision is held unenforceable, the remainder shall survive in full force.

Assignment. You may not assign these Terms. Company may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.

No Waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.

Contact. Questions about these Terms: [email protected].