These terms govern your use of shoutback.com, assessment.shoutback.com, the Referral Readiness Assessment, the Referral Revenue Roadmap, Shoutback memberships, and any private network hub we operate for you. By using any of these, you agree to what follows. If you're agreeing on behalf of a business, you confirm you have the authority to bind it.
Shoutback Concepts, LLC ("Shoutback," "we," "us"), an Ohio limited liability company, provides outsourced referral marketing services to businesses ("Client," "you"). Depending on what you engage us for, this may include diagnostic assessment, strategic roadmapping, managed campaign execution, partner network facilitation, and quarterly benchmarking and reporting.
Shoutback is a managed service, not software you license. We perform the work described in your engagement; you are not purchasing access to a platform on a self-serve basis.
Our services are offered to businesses, not consumers. You must be at least 18 and legally able to enter contracts. You agree that the information you provide to us — in the assessment, during onboarding, or otherwise — is accurate to the best of your knowledge, since our recommendations are built directly on it.
The assessment is provided free of charge. It produces a directional estimate of referral revenue opportunity based on figures you supply. It is an estimate, not a projection, forecast, or promise. The output depends entirely on the accuracy of your inputs and on assumptions that may not hold for your business.
You may use your assessment results for your own purposes without restriction. We may use de-identified, aggregated assessment data for benchmarking and research, in a form that does not identify you or your business.
The Roadmap is a one-time deliverable, billed at the price shown at the time of purchase. Completing the Referral Readiness Assessment is a prerequisite, because the Roadmap is built directly from those results. The Roadmap is therefore offered for purchase at the conclusion of the assessment.
Refund terms. If the Roadmap does not meet your expectations, email hello@shoutback.com within 14 days of delivery and we will refund the purchase in full. No explanation required. After 14 days, the engagement is considered accepted and fees are non-refundable.
Memberships are billed monthly in advance. There is no annual contract and no minimum term beyond any founding commitment you separately agree to. Fees are stated in U.S. dollars and exclude any applicable taxes.
Where a promotional or founding rate applies, that rate is locked for as long as your membership remains continuously active. A cancellation followed by a later re-subscription is treated as a new membership at then-current pricing.
If a payment fails, we will attempt to reach you and may suspend service until the account is current. Sustained non-payment past 30 days may result in termination and removal from any private network.
You may cancel at any time with 30 days' written notice to hello@shoutback.com. Service continues through the end of the notice period and the final month is billed normally. Monthly fees already paid are not prorated or refunded.
We may terminate an engagement with 30 days' notice, or immediately in the case of non-payment, misuse of a private network, or conduct that exposes us or other members to legal risk. If we terminate without cause, we refund any prepaid fees covering service not yet delivered.
Where your membership includes managed sending, you authorize Shoutback to draft and send referral, partner outreach, reactivation, and recognition communications from your business's email domain or platform, under the standing approval terms established during onboarding.
You represent and warrant that:
We will maintain sending practices intended to comply with the CAN-SPAM Act and, where applicable, CASL — accurate sender identification, working unsubscribe, valid postal address, and honoring opt-outs across your lists.
You may revoke or modify this authorization at any time in writing. Revocation takes effect within two business days; campaigns already queued may complete sending.
Data you provide about your own clients, former clients, and partners remains yours. With respect to that data, you act as controller and Shoutback acts as your processor: we use it solely to deliver the services you've engaged us for, do not use it for our own marketing, do not merge it with other clients' data, and do not sell it.
On request, we will return or delete your client data within 30 days of the end of our engagement, except where retention is required by law. Our handling of personal information is described more fully in the Privacy Policy, which is incorporated into these terms.
If your membership includes a private network hub, you and the members you invite agree not to:
Networks are operated as isolated environments. We take reasonable measures to prevent visibility between separate networks. You are responsible for the conduct of partners you invite, and we may remove any member whose conduct breaches this section.
Shoutback retains ownership of its methodology, frameworks, assessment instrument, scoring logic, templates, playbooks, and all underlying materials. Nothing in an engagement transfers ownership of these to you.
You receive a non-exclusive, non-transferable license to use the deliverables we produce for you — including your Roadmap — internally within your business, for as long as you like, including after your engagement ends. You may not resell, republish, license, or distribute our frameworks or templates to third parties, or use them to build a competing service.
You retain ownership of your own content, brand assets, and data. You grant us a limited license to use them solely to deliver the services.
Each party agrees to keep the other's non-public business information confidential and to use it only in connection with the engagement. This obligation survives termination by three years. Benchmarking and peer group discussions are conducted on a confidential basis, and results shared across a peer group are aggregated or anonymized.
You agree to indemnify and hold Shoutback harmless from claims arising out of contact data you supplied to us in breach of Section 7, content you directed us to send, or conduct by partners you invited into a private network. We agree to indemnify you against claims arising from our own gross negligence or willful misconduct in performing the services.
Shoutback provides assessment, strategy, tools, and managed execution. We do not guarantee any specific referral volume, revenue outcome, close rate, or level of partner participation. Outcomes depend on factors outside our control — including your market, your team's follow-through, the quality of your client relationships, and general economic conditions.
Nothing we provide constitutes legal, tax, accounting, or investment advice. Figures shown in calculators, assessments, and reports are illustrative models built on your inputs, not predictions.
To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or lost business opportunity, even if advised of the possibility.
To the maximum extent permitted by law, Shoutback's total aggregate liability for any claim arising from these terms or the services is limited to the fees you paid to Shoutback in the three months preceding the event giving rise to the claim.
Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
Shoutback Concepts, LLC is an Ohio limited liability company. These terms are governed by the laws of the State of Ohio, without regard to its conflict-of-law rules.
Before filing any formal claim, the parties agree to attempt to resolve the dispute in good faith by direct discussion for at least 30 days after written notice. If that fails, any dispute will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Ohio. Each party bears its own costs unless the arbitrator decides otherwise.
Either party may bring an individual claim in small claims court instead. To the extent permitted by law, disputes will be resolved individually, not as a class action.
We may update these terms as our services evolve. The "last updated" date reflects the current version. For material changes affecting an active engagement, we will give at least 30 days' notice by email; continuing to use the services after that period constitutes acceptance.
If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. These terms, together with the Privacy Policy and any signed engagement documents, are the entire agreement between us.
Questions about these terms can be sent to hello@shoutback.com.
Shoutback Concepts, LLC
See also our Privacy Policy.