Terms of Service
Last updated: July 24, 2026
Effective Date: July 24, 2026
These Terms of Service, together with the Additional Terms for Businesses (“Business Terms”) below are collectively referred to as the “Terms”, which govern your access to and use of the Site or Service. For clarity, the Business Terms apply to those Users who have a Business Account or otherwise use or access the Business Portal, in addition to these Terms of Service.
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 15 THAT AFFECT YOUR LEGAL RIGHTS.
These Terms of Service (the “Terms”) are a legal agreement between you and The Transparency Company, and any of its affiliates (“Transparency,” “Company,” “we,” “us,” or “our”), and govern your access to and use of the Transparency Certificate Directory website located at https://transparencycertified.com (together with any related applications, features, and services, the “Site” or “Service”).
The Service is a two-sided marketplace. Sections 1–19 apply to all visitors and users of the Site, including consumers browsing or searching the Directory (“Consumers,” “you”) and businesses that apply for certification or maintain a listing (“Businesses,” “Business Users”). Section 9 (“Additional Terms for Businesses”) contains additional terms that apply only if you represent, apply on behalf of, or maintain a listing for a Business.
If there is a conflict between the general terms and Section 9, Section 9 controls for Business Users with respect to the subject matter it covers.
BY ACCESSING OR USING THE SITE, CREATING AN ACCOUNT, SUBMITTING A CERTIFICATION APPLICATION, OR OTHERWISE INDICATING YOUR ACCEPTANCE, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE, DO NOT USE THE SITE.
1. Eligibility
You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create an account, submit a certification application on behalf of a Business, or enter into any transaction through the Site. The Site’s general content may be viewed by anyone at least 13 years old; the Service is not directed to, and we do not knowingly collect personal information from, anyone under 13 (see our Privacy Policy). If you are accessing the Site on behalf of a business or other entity, you represent that you have authority to bind that entity to these Terms.
2. Description of the Service
The Transparency Certificate Directory is an online directory that helps Consumers find local Businesses that have earned a Transparency Certificate™, a mark indicating that the Business’s online customer reviews have been analyzed by The Transparency Company and, based on that analysis, assessed to reflect real, authentic customer feedback rather than fake or manipulated reviews.
How certification works. Transparency Company’s certification process is based on a proprietary combination of automated analysis and human review of publicly available customer reviews about a Business that appear on one or more third-party online review platforms. As of the date of these Terms, Transparency Company’s analysis is based on reviews from a single leading third-party review platform; Transparency Company expects to expand its analysis to reviews from additional third-party platforms and first-party feedback collection over time, and references in these Terms and in the Privacy Policy to “review platforms” or “third-party platforms” should be read to include whichever platform(s) Transparency Company analyzes from time to time.
We do not currently collect new reviews. The Transparency Company does not currently ask Consumers to submit new reviews, ratings, or feedback through the Site, and the Site is not itself a review-collection platform. Transparency Company only analyzes reviews that are already publicly posted on third-party platforms. This may change in the future, in which case these Terms will be updated and, where required, you will be asked to agree to updated terms before submitting a review through the Site.
What certification is, and is not. A Transparency Certificate™ reflects Transparency Company’s assessment, at a point in time, of the authenticity of a Business’s existing online reviews. It is not: (a) an endorsement, recommendation, or guarantee of the Business’s products, services, quality, safety, legality, licensing, insurance, business practices, or conduct; (b) a guarantee that the Business will perform any future services satisfactorily, safely, or at all; or (c) a background check, license verification, or investigation of the Business beyond the review-authenticity analysis described above. See Section 8 (Certification Disclaimer) and Section 11 (Disclaimer of Warranties) for more detail.
3. Accounts
Some features of the Site may require you to register for an account. You agree to: (a) provide accurate, current, and complete information; (b) maintain and promptly update that information; (c) keep your login credentials confidential; and (d) notify us promptly of any unauthorized use of your account. You are responsible for all activity that occurs under your account, whether or not you authorized it, except to the extent caused by our failure to maintain reasonable security. We may suspend or terminate your account as described in Section 14.
4. Consumer Use of the Site
As a Consumer, you may search, browse, and view listings on the Site free of charge. You agree to use the Site only for lawful, personal, non-commercial purposes related to finding and evaluating Businesses, and not to:
- scrape, crawl, or use automated means to extract data from the Site except as permitted by our robots.txt file or a separate written agreement;
- misrepresent your identity or affiliation with any person or Business;
- use the Site to harass, defame, or transmit unlawful, threatening, or infringing content about any Business or other person;
- interfere with or disrupt the Site’s operation, security, or servers; or
- use the Site in any way that violates applicable law.
Any interactions, transactions, or agreements you enter into with a Business you find through the Site are solely between you and that Business. The Transparency Company is not a party to, and has no responsibility for, any transaction, contract, communication, or dispute between a Consumer and a Business.
5. Listings and Directory Content
Listings on the Site may include information about a Business such as its name, location, contact details, categories of service, Transparency Certification status, and other information provided by the Business, obtained from public sources, or compiled by The Transparency Company. We do our best to keep listing information current, but we do not guarantee that any listing is accurate, complete, or up to date, and we are not responsible for a Business’s failure to keep its own information current.
An authorized representative of a Business may request that we correct or update the factual information in that Business’s listing (such as name, address, contact details, or category) or request that we remove the Business’s listing from the Site completely (“opt-out”). To submit an information update or opt-out request, we require verification of identity and authority to act on behalf of the Business before making any changes to prevent bad actors from submitting erroneous requests. You must create and log in to your account to submit an information update or opt-out request, or email support@transparencycertified.com, in which case you will be asked to provide verification or identity and authority to act on behalf of the business. We will review verified requests and correct inaccurate listing information within a reasonable time.
6. Third-Party Review Platforms and Content
The publicly available third-party reviews The Transparency Company analyzes originate on third-party platforms that The Transparency Company does not own, operate, or control. The Transparency Company has no ability to alter or remove reviews on those third-party platforms. Your use of any third-party platform is governed by that platform’s own terms and privacy policy, not by these Terms.
7. Intellectual Property
Our content. The Site, including its design, text, graphics, logos, the Transparency Certification™ methodology, and the Transparency Certificate™ and Transparency Certification™ marks and badge (collectively, the “Transparency IP”), are owned by The Transparency Company or its licensors and are protected by intellectual property laws. Except as expressly permitted in these Terms, you may not copy, modify, distribute, sell, or create derivative works based on the Transparency Company’s IP.
Limited license to you. Subject to your compliance with these Terms, The Transparency Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for its intended purpose (browsing the Directory as a Consumer or AI Agent/LLM, or maintaining a certified listing as a Business, as applicable).
Certified-business badge license. If, and only for so long as, a Business holds an active, unrevoked Transparency Certificate™, The Transparency Company grants that Business a limited, non-exclusive, non-transferable, revocable license to display the Transparency Certificate™ badge and refer to itself as “Transparency Certified” solely in connection with the certified business location(s) and in accordance with any usage guidelines The Transparency Company provides. This license terminates automatically upon suspension, revocation, or expiration of certification, or termination of these Terms, at which point the Business must immediately stop displaying the badge and referring to itself as Transparency Certified.
8. Certification Disclaimer
CERTIFICATION IS BASED SOLELY ON TRANSPARENCY COMPANY’S ANALYSIS OF THE AUTHENTICITY OF A BUSINESS’S EXISTING ONLINE REVIEWS ON THE THIRD-PARTY PLATFORM(S) THE TRANSPARENCY COMPANY ANALYZES AS OF THE DATE OF CERTIFICATION. CERTIFICATION DOES NOT MEAN THAT THE TRANSPARENCY COMPANY HAS VERIFIED, INVESTIGATED, OR VOUCHED FOR A BUSINESS’S LICENSING, INSURANCE, BACKGROUND, FINANCIAL STANDING, SAFETY PRACTICES, LEGAL COMPLIANCE, OR THE QUALITY OF ITS PRODUCTS OR SERVICES. A BUSINESS’S ONLINE REVIEWS, CERTIFICATION STATUS, OR RANKING ON THE SITE MAY CHANGE AT ANY TIME, INCLUDING BASED ON NEW REVIEWS, CHANGES IN REVIEW-PLATFORM DATA, OR RE-ANALYSIS BY THE TRANSPARENCY COMPANY. TRANSPARENCY COMPANY MAKES NO GUARANTEE ABOUT A BUSINESS’S FUTURE CONDUCT, EVEN IF THAT BUSINESS IS CURRENTLY CERTIFIED. YOU ARE SOLELY RESPONSIBLE FOR CONDUCTING YOUR OWN DUE DILIGENCE BEFORE ENGAGING ANY BUSINESS FOUND THROUGH THE SITE.
9. Additional Terms for Businesses
These additional terms apply if you submit a certification application, claim or manage a Business listing, or otherwise act on behalf of a Business (a “Business User”).
9.1 Application and Eligibility
To apply for a Transparency Certificate™, you represent and warrant that: (a) you are authorized to act on behalf of the Business; (b) all information you submit about the Business is true, accurate, and complete; (c) the Business holds all licenses, permits, and registrations required to lawfully operate; and (d) you will promptly update your submitted information if it changes.
9.2 Certification Review
The Transparency Company will review the Business’s publicly available online reviews using its proprietary methodology and, in its sole discretion, determine whether the Business qualifies for a Transparency Certificate™. The Transparency Company does not guarantee that any Business will receive, retain, or requalify for certification, and The Transparency Company may decline an application, or suspend, revoke, or decline to renew a certification, at any time and in its sole discretion, including (without limitation) if The Transparency Company identifies reviews it believes are inauthentic, if the Business disputes reviews in bad faith, if the Business misuses the Transparency Certificate™ badge, or if the Business otherwise violates these Terms.
9.3 Fees
Certification, listing, or related services may be subject to fees as described on the Site, in a separate order form, or in a separate agreement between the Business and Transparency (“Fees”). Transparency reserves the right to introduce, waive, subsidize, or change Fees prospectively, with notice to Business Users as described on the Site or in the applicable order form. Except as required by law or expressly stated at the time of purchase, Fees are non-refundable. Where recurring Fees apply, they will renew automatically at the then-current rate until cancelled in accordance with the cancellation process described on the Site, in your account settings, or in your order form. You are responsible for all applicable taxes other than taxes on Transparency’s net income.
9.4 No Guarantee of Business Results
The Transparency Company does not guarantee any specific level of visibility, leads, inquiries, traffic, ranking, or business outcomes from a listing or certification, and is not liable for any decrease in the same, including as a result of algorithm changes, re-ranking, suspension, or revocation of certification.
9.5 Business Representations Regarding Reviews
You agree not to: (a) submit, solicit, purchase, exchange, or incentivize fake, fraudulent, or misleading reviews on any third-party review platform; (b) attempt to manipulate, suppress, or interfere with The Transparency Company’s review analysis; or (c) misrepresent your certification status. Violation of this section is grounds for immediate suspension or revocation of certification and termination of these Terms, without refund of any Fees paid.
9.6 Responses to Consumers
Any communications, quotes, appointments, or agreements between a Business and a Consumer are solely between those parties. The Transparency Company is not a party to, and assumes no responsibility for, the performance of any services, the accuracy of any quote, or the resolution of any dispute between a Business and a Consumer.
10. Prohibited Conduct
In addition to any prohibitions elsewhere in these Terms, you agree not to: (a) violate any applicable law; (b) infringe any intellectual property or other right of any person or entity; (c) upload or transmit viruses or malicious code; (d) attempt to gain unauthorized access to the Site, other users’ accounts, or our systems; (e) use the Site to build a competing product or service; or (f) impersonate any person or entity or misrepresent your affiliation with a person or entity.
11. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, ALL DIRECTORY LISTINGS, CERTIFICATION DETERMINATIONS, AND ALL OTHER CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) ANY LISTING, CERTIFICATION STATUS, OR OTHER CONTENT IS ACCURATE, COMPLETE, OR CURRENT; OR (C) ANY BUSINESS FOUND THROUGH THE SITE WILL MEET YOUR REQUIREMENTS, PERFORM SATISFACTORILY, OR ACT LAWFULLY OR SAFELY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
(a) No liability for third parties. THE TRANSPARENCY COMPANY IS NOT LIABLE FOR ANY ACT, OMISSION, PRODUCT, SERVICE, STATEMENT, OR CONDUCT OF ANY BUSINESS, CONSUMER, OR OTHER THIRD PARTY, WHETHER OR NOT THAT BUSINESS HOLDS A CURRENT TRANSPARENCY CERTIFICATE™, AND WHETHER ARISING FROM INFORMATION ON THE SITE, A REVIEW ON A THIRD-PARTY PLATFORM, OR ANY TRANSACTION OR INTERACTION BETWEEN A CONSUMER AND A BUSINESS.
(b) No liability for use of the Site. THE TRANSPARENCY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT, LISTING, OR CERTIFICATION ON IT, REGARDLESS OF THE LEGAL THEORY, EVEN IF THE TRANSPARENCY COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) Cap on liability. THE TRANSPARENCY COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE WILL NOT EXCEED THE GREATER OF (I) ONE HUNDRED U.S. DOLLARS (US $100), OR (II) THE TOTAL FEES YOU PAID TO THE TRANSPARENCY COMPANY IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
(d) Basis of the bargain. YOU ACKNOWLEDGE THAT THE TRANSPARENCY COMPANY HAS SET ITS FEES AND OFFERED THE SITE IN RELIANCE ON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE SAME REFLECT A REASONABLE ALLOCATION OF RISK, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TRANSPARENCY.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.
13. Indemnification
You agree to defend, indemnify, and hold harmless The Transparency Company and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any law or the rights of any third party; or (d), for Business Users, the products or services you provide, your business practices, or any information you submit to Transparency.
14. Term and Termination
These Terms remain in effect while you use the Site. We may suspend or terminate your access to the Site, your account, or a Business’s certification and listing, at any time, with or without notice, for any reason, including a violation of these Terms. You may stop using the Site, or a Business may close its account, at any time. Sections that by their nature should survive termination, including Sections 7 (Intellectual Property, as to license termination), 8, 11, 12, 13, 15, and 17–19 — will survive.
15. Dispute Resolution: Arbitration Agreement and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ACCESSING OR USING THE SITE, OR BY OTHERWISE AGREEING TO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, OR OTHER COMBINED PROCEEDINGS ARE NOT PERMITTED.
Scope. You and we agree that any and all claims and disputes arising from or relating in any way to the subject matter of these Terms, your use of the Site, or your and The Transparency Company’s dealings with one another, shall be finally settled and resolved through BINDING INDIVIDUAL ARBITRATION as described in this section. This agreement to arbitrate is intended to be interpreted broadly and applies to claims of every kind and nature, including claims based on contract, tort, statute, or any other legal theory, and claims seeking any type of relief, including damages and injunctive or declaratory relief.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. Neither you nor we will be able to have a court or jury trial or participate in a class action or class arbitration. The arbitrator may not consolidate or combine the claims of multiple parties. Notwithstanding the foregoing, nothing in this section will be deemed to waive, preclude, or otherwise limit the right of you or The Transparency Company to file suit in a court of law to address an intellectual property infringement claim on a non-class basis.
Pre-Arbitration Dispute Process. Before initiating an arbitration, the party alleging a dispute must send the other party a written notice of dispute that includes the sending party’s name, address, and contact information; a brief summary of the facts giving rise to the dispute; and the relief requested. Send any notice of dispute to The Transparency Company, 1444 N Main St, Suite 100, Walnut Creek, CA 94596, Attention: Legal, or by email to legal@transparencycertified.com. We will send any notice of dispute to you at the contact information we have on file for you. The parties agree to attempt to resolve the dispute through informal negotiation within sixty (60) days of the notice. After that period, either party may commence arbitration.
Arbitration Procedures and Rules. If the dispute is not resolved by informal negotiation, it will be resolved by binding individual arbitration before a neutral arbitrator, whose decision is final except for a limited right of appeal under the U.S. Federal Arbitration Act. The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures (“JAMS Rules”), as modified by this section, using one arbitrator with substantial experience resolving consumer or commercial disputes (as appropriate), selected from the JAMS panel in accordance with the JAMS Rules. If JAMS is unable or unwilling to administer the arbitration, the parties will select another arbitration organization or arbitrator by written agreement, or one will be appointed under Section 5 of the Federal Arbitration Act.
For any claim seeking $10,000 or less, the arbitration will be conducted solely through telephone, online, or written submissions unless the parties otherwise mutually agree to a hearing. For claims exceeding $10,000, the right to a hearing is governed by the JAMS Rules. Any arbitration award may be entered as a judgment in, or enforced by, any court of competent jurisdiction. The arbitrator must issue a reasoned written decision. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, or enforceability of this arbitration agreement, including whether a dispute is arbitrable. JAMS Rules and instructions for initiating arbitration are available at www.jamsadr.com or 1-800-352-5267.
Arbitration Fees and Costs. The party initiating arbitration is responsible for the applicable JAMS filing fee, subject to JAMS Rules. If the arbitrator awards you damages greater than our last written settlement offer (or, if we made no offer, in any amount), we will reimburse your filing fee and pay the JAMS Case Management Fee and the arbitrator’s professional fees. If you demonstrate that paying the arbitrator’s costs and fees would be prohibitively expensive, we will pay those costs and fees regardless of outcome, unless the arbitrator finds your claim frivolous or brought for an improper purpose.
Governing Law of This Arbitration Agreement. This arbitration agreement involves interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16 (“FAA”), and not by state arbitration law. The arbitrator will apply applicable substantive law, statutes of limitation, and privilege rules to the extent consistent with the FAA, and may award any remedy available in an individual lawsuit, including compensatory, statutory, and punitive damages and declaratory, injunctive, and other equitable relief.
Enforceability; Fallback Venue. If the class action waiver in this section is found invalid or unenforceable, or if this arbitration agreement is found unenforceable or inapplicable to a given dispute, that dispute must be brought exclusively in the state courts located in Contra Costa County, California, or the United States District Court for the Northern District of California, and the parties consent to personal jurisdiction in those courts. In that event, the parties still waive any right to a jury trial and any right to proceed as a class or collective action, and remain bound by the limitations on liability and damages elsewhere in these Terms.
Survival. This arbitration agreement and class action waiver survive termination of your use of, or access to, the Site or termination of these Terms.
Time Limit on Claims. Any claim arising out of or relating to these Terms or the Site must be commenced within two (2) years after the claim accrues, or it is permanently barred, except where applicable law requires a longer period, in which case that period applies.
Opting Out. You may opt out of this arbitration agreement by sending a written notice titled “Request to Opt-Out of Agreement to Arbitrate”, including your full name, mailing address, and telephone number within 45 days of your first use of the Site or agreement to these Terms, to The Transparency Company, 1444 N Main St, Suite 100, Walnut Creek, CA 94596, Attention: Legal, or by email to legal@transparencycertified.com. If you do not opt out within that window, you are bound by this arbitration agreement. If you validly opt out, disputes will proceed exclusively in the courts identified in the “Enforceability; Fallback Venue” paragraph above, and you still waive your right to a jury trial and to proceed as a class or collective action.
16. Governing Law
Except as otherwise provided in Section 15 with respect to arbitration, these Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles.
17. Modification, Updates and Changes to These Terms
We may modify the Terms from time to time. The most current version of these Terms will be located here. You understand and agree that your access to or use of the Website is governed by the Terms effective at the time of your access to or use of the Website. If we make material changes, we will notify you by email, provide notice, such as by posting an updated version on the Site and updating the “Last Updated” date, or by other reasonable means. Changes take effect when posted unless stated otherwise. Your continued use of the Site after changes take effect constitutes acceptance of the revised Terms.
18. Miscellaneous
Entire Agreement. These Terms, together with the Privacy Policy and any order form or separate agreement referenced in Section 9.3, constitute the entire agreement between you and The Transparency Company regarding the Site and supersede any prior agreements.
Severability. If any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
No Waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
Force Majeure. Neither party is liable for any failure or delay resulting from causes beyond its reasonable control.
No Third-Party Beneficiaries, except as expressly stated in Section 15.
19. Contact Us
The Transparency Company 1444 N Main St, Suite 100 Walnut Creek, CA 94596 Phone: 1-888-830-3842 Email: legal@transparencycertified.com