ExplodeBiz · Version 2026-09-v1 · Effective September 5, 2026
These Terms govern your use of ExplodeBiz. If you record and publish testimonials from members of the public, please read Sections 6, 8, 9, and 10 in particular — they set out what you are responsible for.
1. Agreement to these Terms
These Terms of Service (“Terms”) are a binding agreement between you and View Surroundings LLC, doing business as ExplodeBiz, a California limited liability company with offices at 270 E Douglas Ave, El Cajon, CA 92020 (“ExplodeBiz,” “we,” “us,” “our”).
They govern your access to and use of explodebiz.com, our web and mobile applications, and any recording link or QR code we generate (together, the “Service”).
By using the Service you accept these Terms. If you do not accept them, do not use the Service.
2. Who these Terms apply to
2.1 Account Holders
Businesses, churches, and organizations that register an account to collect and publish testimonials, feedback, and messages.
2.2 Contributors
Members of the public who record a testimonial, story, greeting, or feedback message after following a link or scanning a QR code. If you are a Contributor, the document that governs how your recording may be used is the Recording Release you agree to before publishing. These Terms apply to your use of the Service itself.
2.3 Visitors
Anyone who browses our site or views a published testimonial.
2.4 Order of precedence
If you have signed our Account Holder Agreement, that agreement controls over these Terms where the two conflict. For Contributors, the Recording Release controls over these Terms as to the use of a recording. The Privacy Policy controls as to personal information.
3. Eligibility
You must be 18 or older to use the Service. The Service is not directed to children, and we do not knowingly collect personal information from anyone under 13.
The Service is offered in the United States only. We restrict access by geographic location, and requests originating outside the United States are refused before any recording or personal information is accepted. We do not offer the Service to people in the United Kingdom, the European Economic Area, or Switzerland.
Our Privacy Policy, the Recording Release, and the withdrawal process remain reachable from anywhere, so that anyone whose recording is published can have it removed.
4. Accounts
You are responsible for all activity under your account and for keeping your password confidential. Tell us promptly if you suspect unauthorized use. Registration information must be accurate and kept current; we may suspend accounts with false or stale information.
5. Fees
The Service is currently provided at no charge. We may introduce fees on 30 days’ notice, and continued use after that date constitutes acceptance. Where fees apply, they are payable in U.S. dollars and are non-refundable except as required by law or expressly stated at purchase.
6. Acceptable use
You agree not to:
Use the Service to collect recordings from anyone located outside the United States.
Invite anyone to record who has asked you not to contact them.
Upload a recording or photograph of a person who has not agreed to appear in it, or of anyone under 18.
Submit content that is unlawful, defamatory, harassing, obscene, threatening, or that invades another person’s privacy.
Submit content containing music, images, footage, or other material you do not own or have permission to use.
Impersonate another person or business, or misrepresent your affiliation with one.
Publish a testimonial from someone who is not a genuine customer, or edit one so that it misrepresents the speaker’s opinion.
Scrape, crawl, or systematically extract content from the Service, or use it to build a competing product.
Probe, scan, or test the vulnerability of the Service, or circumvent any access restriction, including the geographic restriction in Section 3.
Interfere with the operation of the Service or place an unreasonable load on it.
7. Your content
“Your Content” means logos, photographs, business descriptions, links, and other material you upload.
You keep every right you have in Your Content. You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, reformat, and display Your Content solely to operate and deliver the Service to you. This license ends when you delete the content, except for backup copies pending routine overwriting.
We will not use Your Content in ExplodeBiz’s own advertising without your prior written permission.
8. Contributor content and the Recording Release
Before recording, every Contributor confirms they are 18 or older and agrees to content rules. After recording, they watch the recording back and then agree to the Recording Release, which is what permits the Account Holder to publish it and to use the Contributor’s name, voice, and likeness in advertising.
That permission runs from the Contributor to the Account Holder. ExplodeBiz takes no ownership of Contributor content and no right to use it in our own marketing. If we ever wish to feature a Contributor’s recording, we will ask that Contributor separately.
We keep a Consent Record of each agreement — the release version shown, the times of each confirmation, and whether the full release was opened. We retain it for three years after the recording is deleted, because it is the only evidence of what was agreed.
Approved recordings are published publicly and can be downloaded, forwarded, and reposted. Once content has been shared elsewhere, it cannot be recalled.
9. Withdrawal and removal
A Contributor may withdraw consent at any time, for any reason, without explanation. Every Contributor receives a private withdrawal link. Following it takes the recording out of public view — usually within 24 hours, and always within 72 — from every page we control, with no account and no sign-in required. A Contributor may also email cs@explodebiz.com from any address.
On withdrawal we take the recording out of public view within 72 hours at the latest, usually within 24, and delete it from our systems within 30 days. The Account Holder must stop using it and remove it from every page and platform they control within 30 days, and may not condition removal on any explanation, payment, or continued relationship.
Neither we nor the Account Holder can retrieve copies already downloaded or reposted by other people.
10. Testimonials and reviews
If you are an Account Holder, you are responsible for how you solicit, edit, publish, and distribute testimonials. In particular you represent that:
(a) you have not offered payment, discounts, or other consideration conditioned on the content or sentiment of a testimonial, and you disclose any material connection clearly wherever a testimonial appears;
(b) you will not publish a testimonial from someone who is not a genuine customer, edit one so as to change its meaning, or selectively publish in a way that misrepresents the overall feedback you have received; and
(c) your use complies with the FTC Act and the FTC’s rule on consumer reviews and testimonials, and applicable state equivalents.
We provide the mechanism; we do not verify that a Contributor is your customer and do not review testimonials for accuracy before you approve them.
11. Our intellectual property
The Service itself — its software, design, text, graphics, and the ExplodeBiz name and logo — belongs to us or our licensors. You may use the Service as these Terms permit; nothing here transfers ownership. You may not copy, modify, reverse engineer, or create derivative works from the Service except as applicable law allows.
12. Copyright complaints
If you believe content on the Service infringes your copyright, send a notice to our designated agent at cs@explodebiz.com or 270 E Douglas Ave, El Cajon, CA 92020, including: your contact details; identification of the work; the location of the material; a statement that you believe in good faith the use is unauthorized; a statement under penalty of perjury that your notice is accurate and that you are authorized to act; and your signature.
We remove infringing material and terminate repeat infringers. If your content was removed, you may submit a counter-notice.
13. Third-party services
The Service uses third-party providers for video hosting and streaming, storage, email delivery, and text-message delivery, and may embed third-party content such as video players and maps. Those services are governed by their own terms and privacy policies. We are not responsible for third-party websites you reach from the Service.
14. Privacy
Our Privacy Policy explains what we collect and how we handle it, and is incorporated into these Terms.
15. Suspension and termination
You may stop using the Service at any time. We may suspend or terminate access, with notice where practicable, if we reasonably believe you have breached these Terms; that content violates law or a third party’s rights; or that continued operation exposes us to legal risk. We may act before completing an investigation.
On termination we delete or anonymize your content as described in the Privacy Policy. Sections 7 through 12 and 16 through 20 survive.
16. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT RECORDINGS OR MESSAGES WILL BE DELIVERED.
We do not provide legal advice. We do not verify Contributor identity or confirm that your use of the Service complies with law.
17. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
These limits do not apply to your indemnification obligations under Section 18, or to liability that cannot be limited by law.
18. Indemnification
You will defend, indemnify, and hold harmless ExplodeBiz and its members, officers, employees, and agents from any claim, demand, investigation, proceeding, fine, penalty, settlement, judgment, loss, liability, and cost (including reasonable attorneys’ fees) arising out of or relating to: any testimonial you solicit, edit, publish, or suppress; your use of any Contributor content; your failure to honor a withdrawal of consent; Your Content; your breach of these Terms; and any collection from or transmission to a person located outside the United States.
We may participate in the defense with our own counsel at our expense. You may not settle any claim in a way that imposes an obligation or admission on us without our prior written consent. Your obligations under this Section are not limited by Section 17.
19. Dispute resolution
THIS SECTION REQUIRES ACCOUNT HOLDERS AND VISITORS TO RESOLVE DISPUTES BY INDIVIDUAL ARBITRATION AND WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT WITHIN 30 DAYS. THIS SECTION DOES NOT APPLY TO CONTRIBUTORS.
19.1 Contributors are not bound by this Section
If you are a Contributor — a member of the public who recorded a testimonial, story, greeting, or feedback message — this Section does not apply to you. You are not required to arbitrate, you do not waive a jury trial, and you do not waive any right to participate in a class or representative proceeding. Any dispute between you and us may be brought in any court of competent jurisdiction.
This carve-out applies to you in your capacity as a Contributor. If you separately register an Account Holder account, this Section applies to disputes arising from that account.
If you want a recording removed, you do not need a lawyer or a court. Use the withdrawal link we sent you, or email cs@explodebiz.com from any address. We take it down within 72 hours at the latest, usually within 24, and without asking why, as described in Section 9.
19.2 Informal resolution first
Before starting arbitration, send a written Notice of Dispute describing the claim and the relief sought — to us at cs@explodebiz.com and 270 E Douglas Ave, El Cajon, CA 92020. The parties will try in good faith to resolve it for 60 days. A Notice must be individualized and cannot be sent on behalf of multiple parties at once. This period is a condition precedent to arbitration.
19.3 Arbitration
Disputes not resolved informally will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, as modified here. The Federal Arbitration Act governs. Arbitration may be conducted by telephone, videoconference, on written submissions, or in person in the county where you live or work, at your election.
19.4 Exceptions
This Section does not apply to small claims court actions, requests for temporary or preliminary injunctive relief, claims for public injunctive relief to the extent not waivable under California law, or claims of sexual assault or sexual harassment.
19.5 Class action waiver
ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING IT.
If this Section 19.5 is found unenforceable as to a claim, that claim proceeds in court and is severed, while 19.5 remains in force for all other claims. Section 19.5 is not severable from the agreement to arbitrate: if held wholly invalid, all of Section 19 is void.
19.6 Batching
If 25 or more Notices of Dispute raising substantially similar claims are filed within 90 days by or with the assistance of the same counsel or coordinated group, they will be administered in staged batches of no more than 50, with 10 claims per batch proceeding first. Limitations periods are tolled while batching proceeds. Neither party may demand that the administrator collect filing fees for claims not yet in an active batch.
19.7 Opt out
You may opt out of this Section within 30 days of first accepting these Terms by emailing cs@explodebiz.com with the subject “Arbitration Opt-Out,” or by mail to the address above, stating your name and intent. Opting out affects nothing else, and we will not treat you differently for doing so.
20. General
20.1 Governing law and venue
These Terms are governed by California law, without regard to conflict-of-laws rules. For disputes not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts in San Diego County, California.
20.2 Changes
We may modify these Terms and will update the effective date. For material changes we will give at least 30 days’ notice by email or in-product notice. Changes to Section 19 apply prospectively only and give you a fresh 30-day opt-out.
20.3 Miscellaneous
You may not assign these Terms without our consent; we may assign them in connection with a merger or sale of assets. If a provision is unenforceable it is modified to the minimum extent necessary or severed, subject to Section 19.5. Our failure to enforce a provision is not a waiver. These Terms, with the Privacy Policy and the Recording Release, are the entire agreement on their subject matter. Nothing here creates a partnership, joint venture, or employment relationship.
20.4 Electronic communications
You consent to receive notices and disclosures from us electronically, and agree that electronic agreements and records satisfy any requirement that they be in writing.
21. Contact
View Surroundings LLC, dba ExplodeBiz
270 E Douglas Ave
El Cajon, CA 92020
Email: cs@explodebiz.com
Phone: (619) 655-9000