Terms and Conditions

These Terms and Conditions ("Terms") govern your use of the Five Star AI platform ("Service"), operated by Dario Borghi ("we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms.

1. Description of Service

Five Star AI is a SaaS platform that enables marketing agencies, freelancers, and local businesses to manage Google reviews, generate AI-assisted review responses, and send automated review request messages via email and SMS.

2. Eligibility

You must be at least 18 years old and have the authority to enter into these Terms on behalf of yourself or the business you represent. By using the Service, you confirm that you meet these requirements.

3. Account Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use.

4. SMS Communications and Compliance

By enabling SMS functionality within the Service, you represent and warrant that:

• You have obtained valid prior express written consent from each recipient to receive SMS messages, in accordance with the Telephone Consumer Protection Act (TCPA) and any other applicable laws.
• You will not use the Service to send unsolicited messages.
• You will honor opt-out requests promptly. The Service automatically processes STOP replies, but you remain responsible for ensuring compliance.
• Message and data rates may apply to recipients.

Five Star AI is not responsible for any legal liability arising from your failure to obtain proper consent or comply with applicable messaging laws.

5. Acceptable Use

You agree not to use the Service to:

• Send spam or unsolicited communications.
• Violate any applicable local, national, or international law.
• Manipulate or fabricate reviews in violation of Google's policies or any other platform's terms of service.
• Harass, threaten, or harm any individual.
• Attempt to gain unauthorized access to the Service or its infrastructure.

6. Subscription and Billing

Access to the Service is provided on a subscription basis. Pricing, included SMS credits, and overage rates are defined in your selected plan. All fees are non-refundable unless otherwise stated. We reserve the right to modify pricing with reasonable notice.

7. SMS Usage Limits

Each plan includes a monthly SMS allocation. Usage is tracked per business and per agency account. A warning notification is sent at 80% usage. Sending is suspended upon reaching the monthly cap. Credits reset on the first day of each billing month.

8. Intellectual Property

All intellectual property rights in the Service, including software, design, and content, are owned by or licensed to Five Star AI. You are granted a limited, non-exclusive, non-transferable license to use the Service for its intended purpose during your subscription period.

9. Disclaimers

The Service is provided "as is" without warranties of any kind, express or implied. We do not guarantee that the Service will be uninterrupted, error-free, or that results obtained through the Service will meet your expectations.

10. Limitation of Liability

To the maximum extent permitted by law, Five Star AI shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Service, including but not limited to lost profits, data loss, or regulatory fines related to SMS compliance.

11. Termination

We reserve the right to suspend or terminate your account at any time if you violate these Terms. You may cancel your account at any time by contacting us. Upon termination, your access to the Service will cease and data may be deleted in accordance with our Privacy Policy.

12. Governing Law

These Terms are governed by the laws of Italy, without regard to its conflict of law principles. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the competent courts of Italy.

13. Changes to These Terms

We may update these Terms from time to time. Changes will be posted on this page with an updated date. Continued use of the Service after changes constitutes acceptance of the updated Terms.

14. Contact

For any questions regarding these Terms, contact:
Dario Borghi
support@fivestar-ai.com