Terms and Conditions

Last updated: 21 April 2026

AGREEMENT TO OUR LEGAL TERMS

We are LocalBoost, operating the brand BOOST ("Company," "we," "us," "our"), based in Neuchâtel, Switzerland.

We operate the website https://localboost.ch (the "Site"), as well as any related products and services that refer or link to these legal terms (collectively, the "Services").

Operator. BOOST (localboost.ch) is operated by LocalBoost, based in Switzerland. LocalBoost owns the underlying technology, source code, algorithms, brand methodology, and intellectual property powering the BOOST platform, and is your direct contracting party for the Services. References to "we" / "us" in these Terms designate LocalBoost.

BOOST is a Google review generation and reputation monitoring platform designed for restaurants, local businesses, and franchise networks. Our Services include:

• Interactive Fortune Wheel: a gamified mechanism that invites customers to leave a Google review in exchange for a chance to win a prize (discount, free dish, etc.).
• Custom QR Codes: generated for each establishment and placed on tables, receipts, or in-venue displays to launch the game experience.
• Automated Review Monitoring: our system collects daily snapshots of Google reviews and alerts the Client when reviews are removed, modified, or flagged as suspicious.
• Analytics Dashboard: visualization of spins, collected reviews, distributed prizes, and rating evolution over time.
• Marketing Communications: email and SMS sending (depending on the plan) to participants for prize reminders or repeat-visit campaigns.
• Referral Program: commissions paid to Clients who refer other establishments.
• Review Response Tools: AI-suggested replies (depending on the plan) to help the Client quickly respond to Google reviews.

You can contact us by phone at +41 32 310 99 86, email at contact@localboost.ch, or by mail at: LocalBoost, Neuchâtel, Switzerland.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you," the "Client"), and LocalBoost, concerning your access to and use of the Services. By accessing the Services, you agree that you have read, understood, and accepted all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Legal Terms at any time. We will alert you about any changes by updating the "Last updated" date. It is your responsibility to periodically review these Legal Terms. Your continued use of the Services after the date of any revised Legal Terms constitutes acceptance.

The Services are intended for professional users who are at least 18 years old. Persons under 18 are not permitted to register for or use the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. CLIENT REPRESENTATIONS
4. ACCOUNT REGISTRATION
5. PURCHASES AND PAYMENT
6. SUBSCRIPTIONS
7. PROHIBITED ACTIVITIES
8. USER CONTRIBUTIONS
9. CONTRIBUTION LICENSE
10. SOCIAL MEDIA AND THIRD-PARTY INTEGRATIONS
11. THIRD-PARTY WEBSITES AND CONTENT
12. SERVICES MANAGEMENT
13. PRIVACY POLICY
14. COPYRIGHT INFRINGEMENTS
15. TERM AND TERMINATION
16. MODIFICATIONS AND INTERRUPTIONS
17. GOVERNING LAW
18. DISPUTE RESOLUTION AND JURISDICTION
19. CORRECTIONS
20. DISCLAIMER
21. LIMITATIONS OF LIABILITY
22. INDEMNIFICATION
23. USER DATA
24. ELECTRONIC COMMUNICATIONS AND SIGNATURES
25. SMS AND PHONE COMMUNICATIONS
26. SCOPE OF SERVICES
27. CLIENT RESPONSIBILITIES
28. MESSAGING CONTENT AND AUTOMATION
29. DATA USE AND STORAGE
30. SERVICE LIMITATIONS AND NO GUARANTEE OF RESULTS
31. TERMINATION AND SUSPENSION
32. ENHANCED INDEMNIFICATION CLAUSE
33. MISCELLANEOUS
34. REFERRAL PROGRAM
35. FORTUNE WHEEL AND SWISS GAMING LAW
36. GOOGLE REVIEW MONITORING
37. DEFINITIONS
38. CONTACT

1. OUR SERVICES

The information provided through the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution would be contrary to law or would subject us to any registration requirement. Users accessing the Services from outside Switzerland do so at their own initiative and are solely responsible for compliance with applicable local laws.

The Services are designed primarily for the Swiss and European markets.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

The BOOST platform is owned and operated by LocalBoost. All intellectual property rights in our Services — including all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics (the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks") — belong to LocalBoost.

The Client acquires no rights in or to the underlying technology, source code, algorithms, or methodology beyond the limited use license granted below.

Our Content and Marks are protected by copyright and trademark laws in Switzerland and worldwide, in particular under the Swiss Federal Copyright Act (CopA) and the Swiss Federal Trade Mark Protection Act (TmPA).

The Content and Marks are provided in or through the Services "AS IS" for your internal business purposes only.

Your license to use the Services

Subject to your compliance with these Legal Terms (including the "PROHIBITED ACTIVITIES" section), we grant you a non-exclusive, non-transferable, revocable license to:

• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access,

solely for your internal business purposes.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services, no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

Any breach of these intellectual property rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

Any question, comment, suggestion, idea, feedback, or other information you send us about the Services ("Submissions") is hereby assigned to us in full, free of charge, and we may use it freely for any lawful purpose.

When you post or upload any content into the Services (establishment images, logos, wheel prizes, branding elements, descriptions, etc., collectively "Contributions"), you grant us a worldwide, perpetual, non-exclusive, transferable, sub-licensable, royalty-free license to use, host, copy, reproduce, adapt, translate, publish, and publicly display your Contributions in connection with providing, improving, and promoting the Services.

You represent and warrant that you have all necessary rights to post these Contributions and that they do not infringe any third-party rights.

3. CLIENT REPRESENTATIONS

By using the Services, you represent and warrant that:

1. all registration information you submit is true, accurate, current, and complete;
2. you will maintain the accuracy of such information;
3. you have the legal capacity to enter into this contract;
4. you are not a minor in your jurisdiction;
5. you will not access the Services through automated means (bots, scripts) without our written authorization;
6. you will not use the Services for any illegal or unauthorized purpose;
7. your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, or outdated, we reserve the right to suspend or terminate your account and refuse any current or future use of the Services.

4. ACCOUNT REGISTRATION

Use of the Services requires the creation of an account. You agree to keep your password confidential and are responsible for all use of your account. We reserve the right to remove, reclaim, or change a username we determine, in our sole discretion, to be inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

We accept the following payment methods:

• Visa
• Mastercard
• American Express
• TWINT
• PayPal
• Bank transfer (on certain plans)

You agree to provide accurate payment information and keep it up to date. Swiss VAT (at the applicable statutory rate) will be added to the price where due. All payments will be made in Swiss francs (CHF) unless otherwise agreed in writing.

You authorize us to charge your payment method for any amounts owed. We reserve the right to correct any pricing errors, even after billing. We also reserve the right to refuse or limit any order, especially those that appear to come from unauthorized resellers or distributors.

6. SUBSCRIPTIONS

Billing and renewal

Your subscription will continue and renew automatically unless cancelled. You authorize us to charge your payment method on a recurring basis until cancellation. The length of your billing cycle depends on the plan you choose (monthly, yearly, or lifetime).

Cancellation

You may cancel your subscription at any time from your dashboard. For security purposes, cancellation must be initiated by the verified account owner. Cancellation takes effect at the end of the current billing cycle. For any question or complaint, contact us at contact@localboost.ch.

Fee changes

We may adjust our pricing. Any change will be communicated at least 30 days in advance and will apply to the next billing cycle.

Trial period

Where a trial period is offered, you may cancel free of charge before its expiration. Otherwise, your plan will automatically convert to paid billing.

No right of withdrawal for professionals

Under Swiss law, the right of withdrawal applicable to consumers does not apply to contracts entered into with professionals (B2B). The professional Client expressly waives any right of withdrawal once the Service is activated.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. You agree not to:

• systematically retrieve or extract data or content from the Services to create a competing database;
• deceive or mislead other users;
• circumvent or disable security features;
• disparage the Company or the Services;
• harass or harm anyone using information obtained from the Services;
• use the Services in violation of applicable laws;
• engage in unauthorized framing or linking to the Services;
• transmit viruses, Trojan horses, or any malicious code;
• use scripts, bots, or data-mining tools without authorization;
• delete copyright or proprietary notices;
• impersonate another user;
• transmit passive collection mechanisms (clear gifs, web bugs, spyware);
• interfere with the operation of the Services or related networks;
• harass our employees or agents;
• bypass technical access restrictions;
• decompile, disassemble, or reverse-engineer the software;
• use the Services to compete with BOOST or to develop a competing service;
• sell or transfer your user profile;
• incite Google review fraud: for example, organizing fake reviews, paying for fictitious reviews, or asking individuals who have never patronized your business to leave a review. This practice violates Google's terms and may result in the deletion of your Google listing and the immediate termination of your BOOST account.

8. USER CONTRIBUTIONS

When you create or make Contributions available, you represent and warrant that:

• the creation and distribution of these Contributions do not infringe any third-party rights (copyright, patents, trademarks, trade secrets, moral rights);
• you have the necessary rights, consents, and authorizations for any content and identifiable persons appearing in your Contributions;
• your Contributions are not false, inaccurate, or misleading;
• your Contributions are not spam, unsolicited advertising, or fraudulent solicitations;
• your Contributions are not obscene, violent, harassing, defamatory, or otherwise objectionable;
• your Contributions do not violate the privacy or dignity of others;
• your Contributions do not contain discriminatory content (race, origin, sex, orientation, disability, etc.);
• your Contributions do not violate any applicable Swiss law.

Any violation may result in suspension or termination of your access to the Services.

9. CONTRIBUTION LICENSE

By posting your Contributions, you automatically grant us a worldwide, perpetual, irrevocable, non-exclusive, transferable, royalty-free, fully-paid, sub-licensable license to host, use, copy, reproduce, disclose, sell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, and distribute these Contributions across all media and channels, for any commercial or non-commercial purpose, including the creation of derivative works.

Marketing and publicity rights (case studies and promotional use)

The Client grants LocalBoost permission to use the Client's establishment name, logo, trademarks, public reviews, photographs and any other content already made publicly available by the Client (for example on their Google Business Profile, public social media pages, or own website), as well as the performance results and metrics obtained through the Services (number of reviews collected, star rating evolution, ranking improvements, before/after screenshots of the public Google Business Profile, traffic indicators, and similar data) for marketing and promotional purposes — including but not limited to case studies, before/after visuals, screenshots, testimonials, ads, landing pages, business presentations, video content, and social media posts on any channel.

This authorization is granted free of charge, on a worldwide, non-exclusive basis, for the duration of the commercial relationship and for a period of five (5) years thereafter. It covers content and data that are already public or that have been voluntarily shared by the Client with LocalBoost in connection with the Services. LocalBoost may anonymize the Client's identifying details in published case studies at its discretion, but is not required to do so.

If the Client prefers their brand not to be used in such marketing materials, the Client may request removal by contacting contact@localboost.ch, and LocalBoost will use commercially reasonable efforts to honor such requests going forward (within a reasonable delay; already-distributed materials, printed assets, and indexed/archived online content cannot always be retrieved).

You retain ownership of your Contributions. We are not liable for statements contained in your Contributions and you indemnify us against any claim relating to them.

We reserve the right (without obligation) to edit, recategorize, or delete any Contribution at any time, without notice.

10. SOCIAL MEDIA AND THIRD-PARTY INTEGRATIONS

The Services may be connected to your third-party accounts (Google Business Profile, social networks, CRM). You represent that you have the right to share these credentials with us and you authorize the reading, writing, and storage of data necessary for the Services to function.

If access to a third-party account is revoked, or if the third-party platform becomes unavailable, certain functionalities may cease without our liability being engaged.

Your relationship with third-party providers is governed exclusively by their own terms.

11. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to third-party websites or third-party content (including Google Maps, payment platforms, CRMs, etc.). We do not control these sites/content and are not responsible for their accuracy, reliability, legality, or privacy practices.

If you leave the Services to access a third-party site, these Legal Terms cease to apply. Any purchase made on a third-party site is concluded directly with that third party, and we accept no responsibility.

12. SERVICES MANAGEMENT

We reserve the right (but not the obligation) to:

1. monitor the Services for violations of these Legal Terms;
2. take any appropriate legal action against violators, including reporting users to law-enforcement authorities;
3. refuse, restrict access to, or disable any of your Contributions;
4. remove from the Services any files or content that are excessive in size or burdensome to our systems, without notice or liability;
5. otherwise manage the Services in a manner designed to protect our rights and property and the proper functioning of the platform.

13. PRIVACY POLICY

We care about data privacy and security. Our Privacy Policy, available at /privacy, is incorporated by reference into these Legal Terms.

The Services are hosted in Switzerland and the European Union. If you access the Services from another region, you expressly consent to the transfer and processing of your data in Switzerland / the EU.

We comply with the Swiss Federal Act on Data Protection (FADP/revFADP) and with the General Data Protection Regulation (GDPR) when applicable.

14. COPYRIGHT INFRINGEMENTS

If you believe that any material available on or through the Services infringes a copyright you own, you may notify us at contact@localboost.ch, providing:

• identification of the copyrighted work;
• the precise location of the infringing material on the Services;
• your full contact details;
• a good-faith statement.

A copy of your notification will be sent to the person who posted the material. False statements may engage your liability.

15. TERM AND TERMINATION

These Legal Terms remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, including for breach of any representation, warranty, or covenant in these Legal Terms or of any applicable law. We may terminate your account and delete any content posted at any time, without warning.

If your account is terminated, you are prohibited from creating a new account under your name, a fake or borrowed name, or the name of any third party. We also reserve the right to pursue any appropriate civil or criminal action.

16. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time without notice. We have no obligation to update any information on the Services.

We cannot guarantee the Services will be available at all times. Maintenance, technical issues, or force-majeure events may cause interruptions. You agree that we have no liability for any loss or damage caused by your inability to access or use the Services during any downtime or discontinuance.

17. GOVERNING LAW

These Legal Terms and your use of the Services are governed exclusively by Swiss substantive law, excluding its conflict-of-laws rules.

The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are expressly excluded.

18. DISPUTE RESOLUTION AND JURISDICTION

Amicable settlement

Before any judicial action, the parties agree to attempt to resolve any dispute amicably. The Client agrees to notify the Company in writing (email to contact@localboost.ch), describing the dispute and allowing a reasonable period of 30 days to reach an amicable solution.

Mediation (optional)

The parties may, by mutual agreement, refer the dispute to mediation before the Swiss Chamber of Commercial Mediation or before an accredited mediator practicing in the Canton of Neuchâtel.

Exclusive jurisdiction

Failing amicable resolution, any dispute arising out of or in connection with these Legal Terms or the Services shall be subject to the exclusive jurisdiction of the ordinary courts of the Canton of Neuchâtel, Switzerland, subject to appeal to the Swiss Federal Supreme Court.

By exception, the Company reserves the right to bring proceedings before any court having jurisdiction over the Client's domicile or registered office, if it deems it appropriate.

Class-action waiver

Any action against the Company shall be brought on an individual basis only and not as a class or representative action. You expressly waive any right to participate in any class or collective action against the Company.

19. CORRECTIONS

The Services may contain typographical errors, inaccuracies, or omissions (descriptions, pricing, availability). We reserve the right to correct these errors and update information at any time without prior notice.

20. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY SWISS LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY THIRD-PARTY WEBSITES LINKED TO THE SERVICES, AND WE ASSUME NO LIABILITY FOR:

1. errors or inaccuracies of content;
2. personal injury or property damage resulting from access to the Services;
3. any unauthorized access to our servers or to personal/financial data stored therein;
4. any interruption of transmission;
5. any bug, virus, or Trojan horse transmitted by a third party;
6. any loss or damage from the use of any content posted.

21. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER IS CAPPED AT THE LESSER OF (a) THE AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, AND (b) CHF 500.

This limitation does not apply in cases of gross negligence or willful misconduct on our part, in accordance with mandatory Swiss law (art. 100 para. 1 Swiss Code of Obligations).

Attorneys' fees

In the event of a dispute brought before a court, the prevailing party may be awarded reimbursement of reasonable attorneys' fees, expert fees, and other costs, in accordance with the applicable cantonal rules of civil procedure.

Exclusion of certain damages

UNDER NO CIRCUMSTANCES, REGARDLESS OF THE LEGAL THEORY INVOKED, SHALL EITHER PARTY BE LIABLE FOR THE FOLLOWING DAMAGES, EVEN IF ADVISED OF THEIR POSSIBILITY:

(a) punitive, exemplary, or consequential damages; (b) loss of profit, revenue, or business opportunity; (c) reputational or brand harm; (d) loss of data or information; (e) cost of substitute services; (f) damages caused by acts of third parties or End Customers; (g) regulatory fines, penalties, or administrative sanctions.

22. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its directors, employees, agents, partners, and subsidiaries from and against any claim, loss, damage, liability, or expense (including reasonable attorneys' fees) brought by a third party and arising out of:

1. your Contributions;
2. your use of the Services;
3. any breach of these Legal Terms;
4. any breach of your representations and warranties;
5. any violation of third-party rights (including intellectual property rights);
6. any harmful act towards another user encountered through the Services.

We reserve the right (at your expense) to assume the exclusive defense of any claim for which you are required to indemnify us, and you agree to cooperate at your expense.

23. USER DATA

We retain certain data you transmit to the Services to ensure their proper operation and improvement. While we perform regular backups, you remain solely responsible for the data you transmit. We disclaim all liability for the loss or corruption of such data and you waive any action against us in this regard.

24. ELECTRONIC COMMUNICATIONS AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive our communications electronically and acknowledge that all agreements, notices, and other communications transmitted electronically satisfy any legal requirement of writing.

YOU EXPRESSLY ACCEPT THE USE OF ELECTRONIC SIGNATURES, ELECTRONIC CONTRACTS, AND ALL OTHER ELECTRONIC RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND TRANSACTION RECORDS.

Electronic signatures are recognized under Swiss law in accordance with the Federal Act on Electronic Signatures (ZertES).

25. SMS AND PHONE COMMUNICATIONS

Opt-out

If you wish to stop receiving our SMS messages, reply "STOP" to any message. You will receive a confirmation SMS.

Carrier fees

Standard carrier and data rates may apply.

Support

For any question: contact@localboost.ch or +41 32 310 99 86.

26. SCOPE OF SERVICES

Review request communications

LocalBoost sends, on the Client's behalf, communications inviting End Customers to leave a review (Google or other platform) about their experience. These communications may take the form of SMS, email, or other electronic messages, and are sent in the Client's name.

Integrations for automation

As part of the Services, BOOST may integrate with several platforms: Google Business Profile, social media accounts, CRM systems, point-of-sale systems, etc. The Client authorizes BOOST to connect to these integrated systems solely for the purpose of providing the Services.

Default settings and customization

The Client has access to default message templates and a default sending cadence. The Client may modify this content, adjust the number of follow-ups, the delay between messages, etc. Without customization, the standard templates are deemed approved by the Client.

Scope limitations

The Services do not constitute a broad reputation-management service. Our role is limited to facilitating review collection, sending communications, and automated monitoring. We do not guarantee that reviews will be positive or that they will not be removed by third-party platforms.

27. CLIENT RESPONSIBILITIES

Obtaining and maintaining consent

You must have explicit prior authorization from each End Customer before BOOST sends an SMS or email on your behalf. You are responsible for collecting this consent in compliance with applicable law (in particular FADP/revFADP, GDPR, Swiss Federal Act Against Unfair Competition (UCA), Swiss Code of Obligations). If an End Customer withdraws consent or opts out, you are responsible for updating your settings and notifying BOOST as appropriate.

Compliance with data-protection laws

You are responsible for complying with all applicable data-protection and electronic-communications laws, in particular:

• the Swiss Federal Act on Data Protection (FADP/revFADP);
• the General Data Protection Regulation (GDPR) when applicable;
• the Swiss Federal Act Against Unfair Competition (UCA), in particular the provisions on unsolicited commercial communications (art. 3 para. 1 let. o UCA);
• any other applicable local legislation.

You alone are responsible for informing your customers of the collection and processing of their data and for obtaining any required consent, including for sharing with BOOST as a processor.

Accurate data and lawful use

You warrant the accuracy, quality, and legality of the data provided to BOOST. You may not send messages to any individual on a do-not-contact list or who has not consented.

Maintaining integrations

If you integrate third-party accounts with BOOST, you are responsible for the continuity and validity of these integrations (API tokens, passwords, OAuth access). BOOST is not responsible for malfunctions resulting from broken integrations caused by the Client.

General regulatory compliance

It is your duty to ensure that your use of the Services complies with all applicable laws. BOOST provides tools, but it is your responsibility to use them lawfully. We recommend consulting your own legal counsel.

28. MESSAGING CONTENT AND AUTOMATION

Authorization to send on the Client's behalf

By using the Services, the Client acknowledges and authorizes LocalBoost to send SMS, emails, and other electronic communications to End Customers. These messages will appear to come from the Client's establishment.

Default templates and cadence

By default, BOOST uses pre-approved templates and a standard schedule. The Client may modify these templates at any time. Otherwise, the standard templates are deemed approved.

Client customization

The Client may customize the message text, modify the number of follow-ups, adjust delays and preferences. The Client is fully responsible for the customized content created.

Content responsibility

LocalBoost is a neutral transmitter. The Client is solely responsible for the content of messages sent through the Services, whether default templates or customized text. BOOST does not verify or censor content (apart from basic checks for prohibited content).

Frequency and cadence

The Client is responsible for the frequency of messages sent to its End Customers. BOOST is not responsible for complaints or issues related to an excessive frequency chosen by the Client.

Opt-out handling

BOOST automatically processes "STOP" responses to SMS and unsubscribe links in emails. However, ultimate compliance with opt-out requests is the Client's responsibility. The Client must ensure that opt-outs are not inadvertently re-uploaded.

No guarantee of outcome

BOOST does not guarantee that an End Customer will leave a review or that such review will be positive. The Client understands that a review request may generate a negative review and accepts this inherent risk of soliciting feedback.

29. DATA USE AND STORAGE

Data Processing Agreement (DPA)

When required by law (in particular FADP/GDPR), these Legal Terms — together with our Privacy Policy and any applicable addendum — serve as a Data Processing Agreement (DPA) governing BOOST's processing of personal data on behalf of the Client. Acceptance of these Legal Terms constitutes signature of the DPA.

Retention and deletion

BOOST retains Client account data for as long as necessary to provide the Services, comply with legal obligations, or defend its legitimate interests. Account termination does not result in automatic deletion of data, in order to allow for later reactivation.

The Client may request the permanent deletion of personal data and the account in writing at contact@localboost.ch. BOOST will proceed with deletion or anonymization within a reasonable period, subject to legal retention obligations (in particular tax and accounting obligations, 10-year retention under the Swiss Code of Obligations).

30. SERVICE LIMITATIONS AND NO GUARANTEE OF RESULTS

No guarantee of reviews or outcomes

The Client acknowledges that BOOST does not guarantee any specific results. The platform increases the likelihood of receiving reviews, but BOOST makes no commitment regarding the number, content, average rating, or reputational improvement. End Customers retain full freedom to respond.

Not a moderation service

BOOST does not moderate reviews on third-party platforms, does not respond to reviews on the Client's behalf (except for specific options), and does not remove negative reviews.

No sentiment-based filtering (review gating)

BOOST does not filter End Customers by presumed sentiment. All End Customers provided by the Client are treated equally in the solicitation process. The Client must accept honest feedback, whether positive or negative. Any "review gating" practice contrary to Google's rules is strictly prohibited.

Service availability

BOOST strives to provide a reliable and accessible service but does not guarantee uninterrupted operation. Maintenance, technical issues, third-party dependencies (Google Maps API, SMS carriers, email providers) may affect performance. BOOST will use commercially reasonable efforts to resolve incidents promptly.

Third-party fees and changes

The Client is responsible for any third-party fees (mobile carrier, email provider, etc.). BOOST is not responsible for changes in policy, API, pricing, or availability of third-party platforms (Google, Meta, etc.) that may affect Service functionality.

"As-is" service

BOOST provides the Services "AS IS" and disclaims all express or implied warranties, to the fullest extent permitted by Swiss law.

31. TERMINATION AND SUSPENSION

Termination by the Client

The Client may terminate its subscription at any time from its dashboard or by written notice to contact@localboost.ch. Termination takes effect at the end of the current billing period. The Client is responsible for backing up or exporting its data before termination.

Termination or suspension by BOOST

LocalBoost reserves the right to suspend or terminate access to the Services in case of:

• material breach of these Legal Terms (non-payment, abuse, review fraud) not cured within a reasonable period after notice;
• use of the Service in violation of any law or regulation;
• risk to the security of the platform or third parties;
• sending of a manifestly excessive volume of messages;
• legal obligation or court order.

In most cases, BOOST will notify the Client of the termination and its reason. In case of flagrant threats (security, fraud, illegality), suspension may be immediate without notice.

Effect of termination

Upon termination, the right to access the Services ceases. BOOST will stop any automated sending on the Client's behalf. The Client must promptly retrieve its data. BOOST may retain certain information for a reasonable period (backups, legal obligations).

No refund for cause-based termination

If the account is terminated for fault of the Client, no refund will be due for the unused subscription period. This forfeiture is in addition to any other remedies available to BOOST.

Reactivation

A suspended account may be reactivated after the underlying reason has been resolved (payment, cure of breach). BOOST has no obligation to reactivate an account if it considers that doing so would present a risk.

Termination for convenience

BOOST reserves the right to terminate the contract for convenience (for example in case of discontinuation of the Service or one of its products). In such case, at least 30 days' notice will be given and any prepaid amount for the period after termination will be refunded. This refund will be the Client's sole remedy.

Survival

Provisions that by their nature must survive termination (indemnification, liability limitations, governing law, jurisdiction, payments due) remain applicable after the end of the contract.

32. ENHANCED INDEMNIFICATION CLAUSE

You warrant that you provide BOOST only with contact data of individuals who have given explicit prior consent to receive communications via the platform (SMS, MMS, email, in-app notifications, etc.).

You are solely responsible for the validity and maintenance of this consent.

You agree to defend, indemnify, and hold harmless BOOST, its affiliates, directors, officers, employees, and agents (the "Indemnified Parties") from any claim, action, liability, loss, damage, judgment, fine, penalty, or expense (including reasonable attorneys' fees) related to a breach of the obligations above or to inappropriate use of the service. This indemnification covers in particular:

• Lack of consent: transmission of contact data to BOOST without valid prior consent.
• Unauthorized data sharing: transmission of data concerning persons who have not consented, including via CRM integration.
• Opt-out violations: sending messages to recipients who have refused or withdrawn consent.
• Legal violations: any allegation that communications sent through the service by the Client violate applicable law, in particular FADP/revFADP, GDPR, UCA, cantonal consumer protection laws.

This indemnification extends to acts or omissions of employees, subcontractors, and users acting on behalf of the Client. It applies regardless of the legal theory invoked and survives termination of the contract.

33. MISCELLANEOUS

Modifications

LocalBoost reserves the right to modify these Legal Terms at any time. Any change will be notified by email to the address associated with your account or by an in-app message. Continued use after the effective date constitutes acceptance. Otherwise, you must cease using the Services and cancel your subscription.

Entire agreement

These Legal Terms, together with any incorporated documents (Privacy Policy, DPA, etc.), constitute the entire agreement between the parties and supersede any prior agreement or understanding.

Severability

If any provision is held invalid, illegal, or unenforceable by a competent court, it will be modified to the minimum extent necessary to be valid or, failing that, severed. The other provisions will remain fully applicable.

No waiver

A party's failure to exercise a right does not constitute a waiver thereof. Any waiver must be in writing and signed by an authorized representative.

Assignment

The Client may not assign its rights or obligations without BOOST's prior written consent. BOOST may freely assign its rights to an affiliate or in case of merger, acquisition, or sale of assets.

Independence of the parties

The relationship between BOOST and the Client is that of independent contractors. Nothing creates a partnership, joint venture, franchise, or agency.

Force majeure

BOOST shall not be liable for any delay or failure to perform caused by force-majeure events (natural disasters, government actions, war, terrorism, civil unrest, strikes, telecommunications outages, power cuts, fire, epidemics, pandemics, etc.). BOOST will use reasonable efforts to resume the Services.

Notices

Any notice to the Client will be sent to the email registered on its account. Any notice to BOOST must be sent to contact@localboost.ch or by mail to: LocalBoost, Neuchâtel, Switzerland.

Third-party beneficiaries

These Legal Terms are entered into exclusively between the Client and LocalBoost. No third party, including any End Customer, employee, subcontractor, or affiliate, has any right, benefit, or remedy under these Terms. Any dispute with an End Customer is exclusively a matter between the Client and its End Customer.

34. REFERRAL PROGRAM

BOOST may offer referral rewards or promotional incentives.

Unless otherwise indicated, rewards are paid only when the referrer and the referred Client are active paying subscribers in good standing at the time of payout. Rewards do not apply to trial, inactive, suspended, or past-due accounts.

Self-referrals are prohibited.

Establishments belonging to the same owner, franchise, group, or parent company may not refer each other. Any such referral will be invalidated.

BOOST reserves the right to refuse, revoke, or cancel any reward in case of fraudulent, abusive, or non-compliant referrals.

BOOST may modify, suspend, or terminate the referral program at any time without notice.

35. FORTUNE WHEEL AND SWISS GAMING LAW

The games operated through BOOST ("fortune wheel") are designed not to constitute a lottery requiring authorization within the meaning of the Swiss Federal Act on Money Gaming (BGS), insofar as:

• participation is free and requires no purchase or financial stake;
• the prizes distributed (discounts, promotional gifts) do not exceed the usual value of commercial promotions;
• the games are reserved for the actual customer base of an establishment.

The Client (the establishment) is solely responsible for:

• ensuring complete free participation: no purchase or prior consumption may be required to participate;
• ensuring the actual distribution of won prizes under the announced conditions;
• clearly displaying the game conditions, the nature of the prizes, the chances of winning, and the rules (accessible from the BOOST game interface);
• complying with any additional cantonal or municipal regulation applicable to promotional games.

BOOST disclaims any liability regarding the legal qualification of the games organized by the Client and any consequences in case of reclassification by the competent authorities (in particular the Swiss Federal Gaming Board or Comlot). The Client agrees to indemnify BOOST for any claim in this respect.

36. GOOGLE REVIEW MONITORING

BOOST offers a service for the automated monitoring of Google reviews published on the Client's listing. This monitoring is performed via the Google Places public API and, where applicable, via third-party scraping or data-enrichment providers.

The Client acknowledges that:

• monitoring depends on the availability and terms of use of third-party platforms;
• BOOST has no control over Google's decision to publish, hide, delete, or restore a review;
• the review history collected by BOOST constitutes a private trace for internal use, which may be used for defensive or claim purposes but does not bind Google in any way;
• BOOST cannot guarantee the exhaustive recovery of all reviews, in particular those deleted before service activation;
• in case of review deletion by Google, BOOST may alert the Client but has no ability to restore them;
• any contestation action with Google is the Client's sole responsibility.

37. DEFINITIONS

LocalBoost / BOOST / the Company / we / us / our: LocalBoost, the company operating the BOOST platform commercially in Switzerland, based in Neuchâtel, owner of the underlying technology and intellectual property, and your direct contracting party for the Services.

Client / you: the establishment, business, organization, or person that has subscribed to the Services to collect or monitor reviews from its own customers.

End Customer: a customer, patron, or user of the Client's products or services, whose contact details may be provided to BOOST for the purpose of sending review requests or distributing prizes.

Services: all the functionality described in these Legal Terms, including the fortune wheel, review monitoring, automated communications, third-party integrations, dashboard, and any additional module.

Google Business Profile: Google's service for managing business listings and reviews (formerly Google My Business).

CRM (Customer Relationship Management): a third-party system for managing customer relationships that may be integrated with the Services.

Default Messaging Preferences: pre-configured or Client-selected settings defining the content and cadence of review-request messages.

Applicable Laws: all laws, regulations, and rules applicable to the Client, BOOST, and the processing of End Customer data, in particular FADP/revFADP, GDPR, UCA, Swiss Code of Obligations, CopA, TmPA, BGS, and any cantonal, federal, or international provisions.

38. CONTACT

For any question, complaint, or request regarding these Legal Terms or the Services:

LocalBoost (BOOST) Neuchâtel, Switzerland

📞 +41 32 310 99 86 📧 contact@localboost.ch 🌐 https://localboost.ch