Terms of Service

1. Acceptance of Terms

By accessing or using 5 Star Brands ("the Service"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service. These terms apply to all subscribers, users, and visitors.

2. Description of Service

5 Star Brands is a subscription software-as-a-service platform that helps local service businesses collect customer reviews and generate AI-drafted replies to those reviews. The Service includes review request delivery via SMS and email, a customer-facing review landing page, and an AI reply drafting dashboard.

3. SMS Messaging Terms

By using the SMS review request feature, you agree to the following:

• You are sending SMS messages through your own business account to your own customers
• You have an existing business relationship with each customer you message
• You have obtained any required consent under applicable law, including the Telephone Consumer Protection Act (TCPA)
• Message and data rates may apply to recipients
• Message frequency: 1 review request message per review request per customer
• To opt out: recipients may reply STOP to any message. To get help: recipients may reply HELP
• All opt-out requests are honored immediately

5 Star Brands uses Twilio as its SMS delivery provider. By using our SMS features, you also agree to Twilio's acceptable use policy.

4. User Responsibilities

You agree that you will not use the Service to:

• Send unsolicited commercial messages (spam)
• Gate reviews by showing the Google review link only to customers expected to rate positively (review gating is prohibited by the FTC)
• Solicit or incentivize fake reviews
• Upload customer data you do not have the right to use
• Violate any applicable law or regulation

5. FTC Compliance

The Service is designed to comply with FTC guidance on review solicitation. The review request landing page always displays the Google review link regardless of the customer's rating. You agree not to modify your review flow in any way that creates a gate between low-rating customers and the Google review link.

6. Free Trial and Payment Terms

New accounts receive a 14-day free trial with full access to the Service. No credit card is required to start a trial. At the end of the trial period, continued use requires a paid subscription.

Subscription plans are billed monthly. You may cancel at any time from your account settings; cancellation takes effect at the end of the current billing period. We do not offer prorated refunds for partial months.

Current pricing is listed on the pricing page. We will provide at least 30 days notice before any price increases.

7. Prohibited Use

You may not resell, sublicense, or redistribute the Service. You may not attempt to reverse-engineer the platform, access the API without authorization, or use automated tools to scrape or extract data beyond your own account records.

8. Intellectual Property

5 Star Brands and its underlying technology are the intellectual property of the operator. You retain ownership of your business data and customer records. By using the Service, you grant us a limited license to process and store your data solely for the purpose of providing the Service.

9. Disclaimers

The Service is provided "as is" without warranty of any kind. We do not guarantee that AI-generated reply drafts are error-free, legally compliant for your specific industry, or appropriate for every review. You are responsible for reviewing and approving all replies before use. We are not responsible for any review platform policy violations arising from content you post.

10. Limitation of Liability

To the maximum extent permitted by applicable law, 5 Star Brands and its operators shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Service, including loss of revenue, loss of data, or business interruption. Our total liability for any claim arising from these terms shall not exceed the amount you paid us in the 30 days preceding the claim.

11. Changes to These Terms

We may update these Terms of Service as the platform evolves. We will notify account holders of material changes via email at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated terms.

12. Contact Us

For questions about these Terms of Service, contact us at support@5starbrands.app.