Terms of Service

You must be at least 18 years old and able to form a binding contract to use the Service. You are responsible for your account, your organization, and all activity by your team members, and for the accuracy of the business information you connect.

Keep your credentials secure and notify us promptly of any unauthorized use. You are responsible for actions taken under your account, whether or not authorized by you.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during your subscription. We may update, improve, or modify the Service over time.

The Service lets you, among other things, connect business platforms (such as Google Business Profile, Square, and QuickBooks Online); request reviews from your customers by email and, where you enable it, by text message (SMS); route reviewers to the destinations you choose; generate branded review-card images; and, where you connect a Facebook Page or linked Instagram Business account, publish that content on your behalf. Some features depend on third-party platforms and on your completing the applicable connection, consent, and registration steps before they will operate.

You may not: (a) copy, modify, reverse engineer, or create derivative works of the Service; (b) resell, sublicense, or provide the Service to third parties except as intended; (c) access the Service to build a competing product; (d) circumvent usage limits, security, or access controls; or (e) use the Service in violation of law or these Terms.

• Plans and fees — Paid plans are billed in advance on a recurring basis (monthly or annually) at the prices shown at checkout. Payments are processed by our third-party billing and payment providers.
• Automatic renewal — Subscriptions renew automatically for successive periods unless you cancel before the end of the current period. You authorize us and our payment provider to charge your payment method for each renewal.
• Free trials — If we offer a free trial, it converts to a paid subscription at the end of the trial unless you cancel beforehand.
• Cancellation — You may cancel at any time; cancellation takes effect at the end of the current billing period, and you retain access until then.
• Refunds and changes — Except where required by law, fees are non-refundable and there are no refunds or credits for partial periods. We may change prices or plan features on prospective notice; changes take effect at your next renewal.
• Taxes — Fees are exclusive of taxes, which you are responsible for except for taxes on our net income.

The Service helps you request honest feedback. You agree to use it lawfully and in line with the policies of the platforms you connect. In particular, you agree that you will not:

• Offer payment, discounts, or other incentives in exchange for reviews, or condition a benefit on leaving a positive review.
• Gate, filter, suppress, or selectively solicit reviews based on predicted sentiment ("review gating"), or otherwise violate the Google Business Profile prohibited-and-restricted-content policies or U.S. Federal Trade Commission rules on reviews and endorsements.
• Post fake, incentivized-but-undisclosed, or misleading reviews, or impersonate customers.
• Send messages to people who have not consented to be contacted, or who have opted out or unsubscribed.
• Send text messages (SMS) without the prior express written consent required by the Telephone Consumer Protection Act (TCPA), text outside permitted calling hours, fail to honor opt-out requests, or violate the CTIA Messaging Principles, carrier (A2P 10DLC) requirements, or other applicable messaging laws.
• Send unlawful, harassing, deceptive, or spam communications, or violate the CAN-SPAM Act or other messaging laws.
• Use a connected platform — including Google, Square, QuickBooks Online, Facebook, or Instagram — in violation of that platform's terms or policies, or publish content you do not have the right to publish.
• Upload data you do not have the right to use, or infringe anyone's intellectual property or privacy.
• Introduce malware, attempt to gain unauthorized access, or interfere with the Service's integrity or performance.

You are solely responsible for your communications and for compliance with all laws and third-party platform policies applicable to your review and marketing activity.

If you enable SMS review requests, you act as the sender of those messages and you are solely responsible for the consent behind them. Before you can enable SMS, you must attest that you have obtained prior express written consent from each recipient as required by the Telephone Consumer Protection Act (TCPA), that such consent was not a condition of any purchase, and that you can produce evidence of it on request. You authorize us to send texts to the contacts you supply, through our messaging provider, until a recipient opts out or you disable the feature.

You agree to comply with the TCPA, the CTIA Messaging Principles and Best Practices, carrier application-to-person (A2P 10DLC) registration requirements, and all other applicable laws and rules, and to promptly honor opt-out and revocation requests. We provide standard opt-out (STOP) and help (HELP) handling, and we schedule messages within permitted calling hours, but these controls do not relieve you of your own compliance obligations. We may suspend or disable SMS sending for your account if we reasonably believe it is non-compliant or creating risk.

As between you and us, you own the business data, contact lists, and content you submit ("Customer Data"). You grant us a worldwide, non-exclusive license to host, process, transmit, and display Customer Data solely to provide and improve the Service and as permitted by our Privacy Policy.

You represent and warrant that you have all rights, consents, and lawful bases necessary to provide Customer Data and to authorize us to send communications to the contacts you supply. You are the controller of the customer-contact data you upload; we process it as your service provider per our Privacy Policy and any applicable Data Processing Addendum.

The Service integrates with third-party platforms, including Google Business Profile, Square, QuickBooks Online (Intuit), Facebook and Instagram (Meta), our payment provider (Stripe, via our billing provider), and our messaging providers. Your use of those platforms is governed by their own terms and privacy policies, and we are not responsible for them. When you connect a platform, you authorize us to access and act on the relevant data on your behalf. Your use of Google APIs through the Service is additionally subject to the Google API Services User Data Policy; your use of Meta features is subject to the Meta Platform Terms and Developer Policies; and your use of Square and Intuit integrations is subject to their respective developer and application terms. We may stop supporting any integration if a provider changes or discontinues its services.

The Service, including its software, design, branding, and the "SuperFiveStar" name and superhero-themed marks, is owned by us or our licensors and protected by intellectual-property laws. Except for the limited rights granted here, we reserve all rights. You may not use our marks without our prior written permission. Any feedback you provide may be used by us without restriction or obligation to you.

We work to keep the Service available and reliable but do not guarantee uninterrupted or error-free operation, and we may suspend it for maintenance, security, or other operational reasons.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT ANY PARTICULAR NUMBER, RATING, OR OUTCOME OF REVIEWS, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

You will defend, indemnify, and hold harmless SuperFiveStar and its officers, employees, and agents from any third-party claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your Customer Data; (b) your use of the Service; (c) your communications and review-solicitation activity; or (d) your violation of these Terms, applicable law, or third-party rights or platform policies.

These Terms apply while you use the Service. You may stop using and cancel at any time. We may suspend or terminate your access if you breach these Terms, fail to pay, create risk or legal exposure, or if required by law. On termination, your right to use the Service ends; provisions that by their nature should survive (including ownership, disclaimers, limitations of liability, indemnification, and governing law) will survive. You may export or request your Customer Data before termination; after a reasonable period we may delete it.

We may update these Terms from time to time. We will post the updated version with a new "Last updated" date and, for material changes, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

These Terms are governed by the laws of the State of Kansas, USA, without regard to its conflict-of-laws rules. You and SuperFiveStar agree to first try to resolve any dispute informally by contacting us. If a dispute cannot be resolved informally, you and SuperFiveStar agree to the exclusive jurisdiction and venue of the state and federal courts located in Johnson County, Kansas, and each party consents to personal jurisdiction there. To the extent permitted by law, any claim must be brought within one (1) year after it arises.

• Entire agreement — These Terms, our Privacy Policy, and any order or plan you select are the entire agreement between us and supersede prior agreements on this subject.
• Assignment — You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Severability and waiver — If any provision is unenforceable, the rest remains in effect, and our failure to enforce a provision is not a waiver.
• Force majeure — Neither party is liable for delays or failures caused by events beyond its reasonable control.
• Notices — We may provide notices to you by email or in-product; you may contact us at support@superfivestar.com.

Questions about these Terms? Email support@superfivestar.com or write to SuperFiveStar LLC · PO Box 73, Olathe, KS 66051.