Terms of Service

1. The Service

Performance Local (“Performance Local”, “we”, “us” or “our”) provides the website at performancelocal.com, the app at app.performancelocal.com and related services (together, the “Service”). These Terms of Service (“terms”) are an agreement between you and Performance Local. By creating an account, subscribing or using the Service, you agree to them. If you accept these terms for a business or another person, you confirm that you’re allowed to do so, and “you” includes that business or person.

Depending on your plan and the features you turn on, the Service helps you:

• manage Google Business Profiles, including posts, reviews and review replies, photos and profile optimization;
• measure local map rankings with rank scans;
• track phone calls and website forms, including tracking numbers, call recording, transcripts and AI summaries where you turn them on, and text messages;
• create reports and share them with your team or your clients;
• connect other marketing tools, such as Google Ads, Google Analytics, Google Search Console and supported advertising and CRM platforms.

Callscribe is our call and form tracking product. It’s part of Performance Local and is also available on its own. These terms apply to Callscribe too.

Each plan’s features, allowances and limits are shown in the app before you buy. We improve the Service over time, so features may change. If we remove a major feature you pay for, we’ll tell you in advance where we reasonably can.

2. Accounts, roles and workspaces

• You must be at least 18 years old and able to enter into a binding contract to use the Service.
• Give us accurate information when you sign up, and keep it up to date.
• Keep your password safe. You’re responsible for everything that happens under your account. If you think someone has used your account without permission, email us straight away at [email protected].

Your businesses, settings and data are organized in workspaces. Each member of a workspace has one of three roles:

• Owner: full control, including the team, billing and deleting the workspace.
• Editor: can do day-to-day work, such as content and automations, but can’t manage the team or billing, or delete the workspace.
• Viewer: can see the workspace but can’t make changes.

Owners decide who to invite and are responsible for what their team members do in the workspace.

3. Agencies and client workspaces

If you’re an agency, you can use the Service to manage your clients’ businesses. You can create a separate workspace for each client and pay for it with the saved card of a workspace you already pay for. Each client workspace has its own plan, allowances and renewal date, and they all appear on your bill.

If you manage clients through the Service, you:

• must have your clients’ permission to manage their Google profiles, phone numbers, websites and data through the Service;
• are responsible for your own agreements with your clients, and for making sure anyone you invite follows these terms;
• remain responsible for paying for client workspaces billed to you. Cancelling your own plan doesn’t cancel a client workspace’s plan, so cancel each one separately.

4. Plans, payment and cancellation

Prices

The Performance Local plan costs $37 per location per month, billed monthly.

Callscribe costs $23.95 per location per month, or $239.40 per location per year when you pay annually (the same as $19.95 a month, or two months free). Either way, it includes 3 tracking numbers, 180 call minutes a month and 3 contact forms for each location.

Prices are in US dollars. You’ll always see the price and your total before you pay.

Paid in advance, with no free trial

Plans are billed in advance for each location: monthly, or yearly for an annual Callscribe plan. We charge your first month or year when you subscribe, and your plan renews automatically for the same period, on the same date, until you cancel. There’s no free trial.

Payment method

Payments are processed by Authorize.Net. By subscribing, you authorize us to charge your payment method for each renewal and for any other purchase you confirm. Please keep your payment details up to date.

One-time purchases

Scan credits, extra call minutes and text message packs are one-time purchases. We charge for them when you buy them, and they don’t renew. Extra tracking numbers, where available, have their own monthly charge for as long as you keep them. We show the price before you buy.

Failed payments

If a renewal payment fails, we’ll let you know and may try the charge again. If it’s still unpaid 7 days after the due date, your plan’s paid work pauses. For example, posts, scans and review replies stop, and tracking numbers stop forwarding calls, until the payment is made.

Cancelling

You can cancel at any time from Billing in the app. Cancelling turns off renewal. Your plan stays active until the end of the period you’ve already paid for (the end of the month, or of the year for an annual plan), and then its paid features stop. We don’t refund the rest of a period you’ve already paid for, unless the law requires it. Cancelling doesn’t delete your data, so you can pick up where you left off if you come back. Our Privacy Policy explains how to ask us to delete it.

Taxes and price changes

Unless we say otherwise, prices don’t include taxes, and you’re responsible for any taxes that apply to your purchases. We may change our prices. New prices apply to new purchases, and we’ll give you notice before a price change applies to a plan you already have.

If you think we’ve charged you by mistake, email us at [email protected] and we’ll look into it.

5. Your responsibilities

• Permission. You must own, or have the owner’s permission to manage, every Google Business Profile, account, website and phone number you connect to or use with the Service.
• Accurate information. Keep your business information accurate, and make sure everything you publish through the Service is truthful and allowed.
• Google’s rules. Follow Google’s terms and policies, including the Google Business Profile guidelines. Google decides what appears on its services, and it may reject, remove or restrict content or profiles.
• Call recording. If you turn on call recording, transcripts or AI summaries, you’re responsible for giving the notices and getting the consent the law requires where you and your callers are. Some US states and other countries require the consent of everyone on the call. The Service can play a recording announcement to callers, but it’s your job to decide whether that’s enough for your situation.
• Text messages. If you send or receive texts through the Service, including automatic replies to missed calls, you must follow the Telephone Consumer Protection Act (TCPA), other texting and telemarketing laws, and phone carrier rules, including business texting registration (A2P 10DLC). Get the consent the law requires before you text someone, and honor opt-out requests such as STOP.
• Your website visitors. If you add our tracking code to a website, tell visitors about it in your privacy notice and get any consent your local law requires.
• Other people’s information. You’re responsible for having a lawful basis to collect and use the personal information of your callers, customers and contacts, and for answering their privacy requests. We process that information for you, as described in our Privacy Policy.
• Emergency calls. Tracking numbers forward calls to numbers you choose. The Service isn’t a phone service for emergencies, and you must not rely on it to reach emergency services.

6. Automated actions and your choices

When you turn them on, automations act for you. Depending on your plan and settings, they can publish posts to your Google profiles, reply to reviews, update your profile information, add photos, run rank scans, promote your posts on supporting web pages and send text replies to missed calls.

For posts, review replies and profile changes, you choose one of three settings:

• Automatic: the Service acts for you without asking first.
• Ask me first: the Service prepares the work and waits for your approval.
• Off: nothing runs automatically.

Rank scans and map growth are approved for each keyword, with a limit on the credits they can use. Photos, post promotion and missed-call texts have their own settings.

Some actions always wait for a person. Automatic review replies cover only 4- and 5-star reviews, so replies to 1-, 2- and 3-star reviews always wait for approval. Automatic profile changes cover only safe additions; other profile changes wait for your approval.

When you choose an automatic setting, we record your choice and act on your behalf until you change it. You can pause all automations or change a setting at any time. Changes apply to future actions. Anything already published stays published until you or Google remove it.

Content created with AI can be wrong or incomplete. Check drafts when accuracy matters, and use “Ask me first” for anything you want to review. You’re responsible for content published under your settings. We may hold back or skip an action that looks inaccurate, unsafe or against Google’s rules.

7. Third-party services

The Service works with services run by other companies. These include Google (Business Profile, Search Console, Analytics and Ads), Twilio for phone numbers, calls and texts, Authorize.Net for payments, and other tools you choose to connect. Their own terms and privacy policies also apply when you use them.

We’re not responsible for third-party services. If a third party changes or limits its service, its rules or its prices, or restricts your account, related features of the Service may change or stop working.

Tracking numbers are provided through our phone service provider. Cancelling your plan doesn’t release your numbers. You can release them in the app or, where carrier rules allow, move (port) them to another provider first.

8. Acceptable use

Don’t use the Service to:

• break the law or anyone’s rights, including privacy, consumer protection, telemarketing and anti-spam laws;
• post fake or misleading reviews, review replies or business information, offer incentives for reviews, or manipulate Google or other platforms against their rules;
• send spam, make unwanted calls or texts, or record calls without the consent the law requires;
• harass, deceive or impersonate anyone, or publish content that is unlawful, defamatory or hateful, or that infringes someone else’s rights;
• upload malware, test or break our security, or access accounts or data you aren’t authorized to access;
• overload, scrape, copy or reverse engineer the Service, or use it to build a competing product;
• resell or share access to the Service, except that agencies may use it to manage their own clients’ businesses.

We may remove content, pause automations, disable numbers or suspend accounts that break these rules or put the Service, our providers or other people at risk.

9. Intellectual property

Your content

You keep ownership of the content and data you bring to the Service, such as your business information, photos, posts and reports (“your content”). You give us permission to host, copy, process, send and display your content as needed to provide the Service. For example, we publish it to Google when you ask us to, share it with our service providers, and include it in your reports. You confirm that you have the rights needed to give us this permission.

Content created for you

Posts, replies, images and other content the Service creates for you are yours to use, subject to other people’s rights and these terms. Because AI can produce similar results for different users, we can’t promise that this content is unique.

Our Service

We own the Service, including our software, designs, text and logos, and the Performance Local and Callscribe names. While you have an account, we give you a limited, non-exclusive, non-transferable right to use the Service under these terms. You may not copy, change or distribute the Service, except as these terms allow.

Feedback

If you send us ideas or suggestions, we may use them without any obligation to you.

10. Disclaimers

No guarantee of results. Rankings and other decisions made by Google and other platforms depend on many things outside our control. We don’t guarantee any ranking, visibility, number of calls, leads, reviews or sales, or that Google will accept, keep or show any content. Results and examples we share are not a promise of what you’ll achieve.

We work to keep the Service reliable and accurate, but we provide it “as is” and “as available”. To the extent the law allows, we disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We don’t promise that the Service will be uninterrupted or error-free, that tracking will capture every call or form, or that reports and third-party data will be complete. Keep your own copies of important information.

11. Limitation of liability

To the extent the law allows:

• we’re not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, business, goodwill or data, even if we were told they were possible; and
• our total liability for all claims relating to the Service or these terms is limited to the amount you paid us for the Service in the 12 months before the event that led to the claim.

Some places don’t allow these limits, so they may not apply to you. Nothing in these terms limits liability that the law doesn’t allow us to limit.

You agree to defend and compensate Performance Local for claims, losses and costs, including reasonable legal fees, that arise from your content, your use of the Service, your call recording and texting practices, or your breach of these terms or the law.

12. Suspension and termination

You can stop using the Service and cancel your plan at any time. A workspace owner can delete a workspace once its plan has ended and its tracking numbers have been released or moved. Our Privacy Policy explains what happens to your data.

We may suspend or end your access, in whole or in part, if you break these terms, don’t pay, or put us, our providers or other people at risk, or if the law or a provider such as Google or a phone carrier requires it. Where it’s reasonable, we’ll tell you first and give you a chance to fix the problem. If we stop offering the Service altogether, we’ll give you reasonable notice.

When your access ends, your right to use the Service ends too. Sections that by their nature should continue, such as payment, intellectual property, disclaimers, limitation of liability and governing law, continue to apply.

13. Changes to these terms

We may update these terms from time to time. When we do, we’ll post the new version on this page and change the “Last updated” date. If a change is significant, we’ll tell you by email or in the app before it takes effect. If you keep using the Service after a change takes effect, you accept the updated terms. If you don’t agree, cancel your plan before the change takes effect.

14. Governing law and disputes

These terms are governed by the laws of the State of New York, USA, without regard to its conflict-of-law rules. If you have a concern, please email us first at [email protected] so we can try to resolve it informally. If we can’t resolve it within 30 days, you and we agree that the state and federal courts located in the State of New York have exclusive jurisdiction.

15. General

These terms, together with our Privacy Policy and any terms shown to you when you buy, are the whole agreement between you and us about the Service. If a part of these terms can’t be enforced, the rest still applies. If we don’t enforce a part of these terms right away, we don’t give up our right to do so later. You may not transfer these terms without our written permission; we may transfer them as part of a merger, acquisition or sale of our business. We’re not responsible for delays or failures caused by events outside our reasonable control. We may send you notices by email to your account address or in the app.

16. Contact us

Questions about these terms? Email us at [email protected].