These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and FiveStars ("we," "our," or "us") regarding your use of our service, which enables businesses to send review request messages to customers via SMS and email.

By accessing or using FiveStars, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use our service.

FiveStars is a SaaS platform that enables businesses to:

• Create and manage review request campaigns
• Send automated review request messages to customers via SMS and email
• Generate AI-powered replies to customer reviews
• Integrate with third-party services (e.g., Zapier) for workflow automation

We reserve the right to modify, suspend, or discontinue any part of our service at any time with or without notice.

You agree not to use FiveStars to:

• Send spam, unsolicited messages, or messages to individuals who have not provided consent
• Violate any applicable laws, regulations, or third-party rights
• Send messages that are harassing, abusive, defamatory, or otherwise objectionable
• Impersonate any person or entity or falsely state your affiliation with any person or entity
• Interfere with or disrupt the service or servers connected to the service
• Attempt to gain unauthorized access to any portion of the service
• Use the service for any illegal or unauthorized purpose
• Violate TCPA, CAN-SPAM, or other messaging compliance regulations

When using FiveStars to send SMS messages, you agree to comply with all applicable laws and regulations, including:

• TCPA (Telephone Consumer Protection Act): You must obtain proper consent before sending SMS messages
• Carrier Requirements: Compliance with A2P 10DLC, Toll-Free verification, and carrier policies
• Opt-Out Requirements: Honor all opt-out requests (customers replying "STOP")
• Consent Documentation: Maintain records of customer consent for review request messages
• Message Content: Ensure all messages comply with carrier content policies

You are solely responsible for obtaining proper consent from customers before sending review request messages. FiveStars is not liable for any violations of messaging regulations committed by users of our service.

For more information about SMS consent requirements, please visit our SMS Consent page.

If you purchase a paid subscription or use paid features:

• You agree to pay all fees associated with your subscription
• Fees are billed in advance on a recurring basis (monthly or annually)
• All fees are non-refundable unless otherwise stated
• We reserve the right to change our pricing with 30 days' notice
• You are responsible for any taxes applicable to your use of the service
• Failure to pay may result in suspension or termination of your account

The service, including its original content, features, and functionality, is owned by FiveStars and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You retain ownership of any content you submit to the service (e.g., business information, campaign templates). By submitting content, you grant us a license to use, store, and process that content as necessary to provide the service.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the service will be uninterrupted, secure, or error-free, or that defects will be corrected. We do not guarantee the delivery of SMS or email messages, as delivery depends on third-party services (Twilio, Resend) and carrier networks.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIVESTARS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.

Our total liability for any claims arising from or related to the service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

You agree to indemnify, defend, and hold harmless FiveStars 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 in any way connected with:

• Your use of the service
• Your violation of these Terms
• Your violation of any third-party rights, including messaging compliance regulations
• Any content you submit or transmit through the service

We may terminate or suspend your account and access to the service immediately, without prior notice, for any reason, including if you breach these Terms.

Upon termination, your right to use the service will cease immediately. You may terminate your account at any time through your account settings or by contacting us.

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the service after such changes constitutes acceptance of the modified Terms.

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which FiveStars operates, without regard to its conflict of law provisions.