Terms and Conditions

Last updated April 02, 2025

AGREEMENT TO OUR LEGAL TERMS

We are ELIT VIRTUAL LLC (“Company,” “we,” “us,” “our”), a company registered in Colorado, United States at 1942 Broadway Suite 314C, 80302 Boulder, Colorado.

We operate the website https://www.my5thstar.com (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

My 5TH STAR is a comprehensive reputation management platform designed to help businesses elevate their online presence and build trust with consumers. Our services include: Automated Review Requests: We send professionally crafted text and email invitations, prompting satisfied customers to share their experiences on Google, social media, and other leading review sites. Our system uses proven messaging scripts and a strategic cadence, so you gather more authentic feedback with minimal effort. Reputation Monitoring & Insights: We track reviews and brand mentions across multiple platforms, providing you with real-time dashboards and alerts. This gives you a clear, consolidated view of your reputation, helping you address potential issues before they escalate. Professional Review Responses: Our team can respond to reviews on your behalf—thanking positive reviewers and addressing concerns from negative ones. This prompt, personalized engagement shows customers you value their feedback and care about their experience. Repurposing Reviews for Marketing: We take your best reviews and transform them into shareable social media content, highlight reels, and dynamic website widgets. This social proof helps drive more leads by showcasing your high-quality service where potential customers will see it. System Integrations: Our platform easily connects with your CRM, Google Business Profile, and social media accounts, allowing seamless automation and syncing of customer data. This way, you can send review requests automatically and centrally manage incoming reviews without juggling multiple tools. At My 5TH STAR, our goal is to simplify and streamline the entire review and reputation management process—so you can focus on providing excellent customer experiences while we help you shine online.

You can contact us by phone at +1(720) 707-2424, email at [email protected], or by mail to 1942 Broadway Suite 314C, 80302 Boulder, Colorado, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and ELIT VIRTUAL LLC

, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.


IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the"Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

Before you continue using our website, we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES"
section below, we grant you a non-exclusive, non-transferable, revocable license to:

•access the Services; and

•download or print a copy of any portion of the Content to which you have properly gained access,

solely for your internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to:

[email protected]

. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions:


By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions:

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.

When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.

This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

•confirm that you have read and agree with our"PROHIBITED ACTIVITIES"and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;

•to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;

•warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and

•warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

We may remove or edit your Content:

Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

Copyright infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "COPYRIGHT INFRINGEMENTS" section below.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

(1) all registration information you submit will be true, accurate, current, and complete;

(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;

(3) you have the legal capacity and you agree to comply with these Legal Terms;

(4) you are not a minor in the jurisdiction in which you reside;

(5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;

(6) you will not use the Services for any illegal or unauthorized purpose; and

(7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

We accept the following forms of payment:

•Visa

•Mastercard

•American Express

•Discover

•PayPal

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

6. SUBSCRIPTIONS

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.

Cancellation

You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at [email protected]

.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

•Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

•Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

•Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

•Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

•Use any information obtained from the Services in order to harass, abuse, or harm another person.

•Make improper use of our support services or submit false reports of abuse or misconduct.

•Use the Services in a manner inconsistent with any applicable laws or regulations.

•Engage in unauthorized framing of or linking to the Services.

•Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

•Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

•Delete the copyright or other proprietary rights notice from any Content.

•Attempt to impersonate another user or person or use the username of another user.

•Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").

•Interface with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

•Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

•Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

•Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

•Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

•Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.

•Use a buying agent or purchasing agent to make purchases on the Services.

•Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

•Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

•Sell or otherwise transfer your profile.

8. USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.

You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.

Your Contributions are not false, inaccurate, or misleading.

Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

Your Contributions do not violate any applicable law, regulation, or rule.

Your Contributions do not violate the privacy or publicity rights of any third party.

Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

9. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

10. SOCIAL MEDIA

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either:

(1) providing your Third-Party Account login information through the Services; or

(2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that

(1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Services via your account, including without limitation any friend lists and

(2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services.

You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.

You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

11.THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

12. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

13. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy:
https://www.my5thstar.com/privacy-policy.

By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

14. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

15. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

16. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

17. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Colorado applicable to agreements made and to be entirely performed within the State of Colorado, without regard to its conflict of law principles.

18. DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the "Parties" and individually, a "Party") shall be commenced or prosecuted in the state and federal courts located in Boulder County, Colorado, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose.

19. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

20. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

21. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $500.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

22. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

23. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

25. SMS TEXT MESSAGING

Opting Out

If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP." You may receive an SMS message confirming your opt out.

Message and Data Rates

Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.

Support

If you have any questions or need assistance regarding our SMS communications, please email us at


[email protected] or call at +1(720) 707-2424.

26. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

27. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

28. DEFINITIONS

ELIT VIRTUAL LLC (also referred to as “My 5TH STAR,” “Company,” “we,” or“us”

): The provider of the comprehensive reputation management services described in this agreement. Client (also referred to as“you” or “Customer”): The business, organization, or individual that has contracted with My 5TH STAR to use the Services to request reviews from its own customers. The Client is typically a business seeking to improve or gather feedback on its services or products via customer reviews. End Customer (or “Customer of Client”

): An individual or entity who is a customer, patron, or user of the Client’s products or services, and whose contact information is provided to My 5TH STAR for the purpose of sending review requests. These are the end recipients of SMS, email, or other communications requesting a review on behalf of the Client.


Services: The reputation management services and related features provided by ELIT VIRTUAL LLC under these Terms. This includes the automated sending of review solicitation communications (such as SMS/text messages and emails) to End Customers on the Client’s behalf, integrations with third-party platforms (e.g., Google Business Profile, social media, CRM systems), and any software, websites, or applications through which the service is delivered.


Google Business Profile: The Google service for managing online business listings and reviews (previously known as Google My Business). Integration with Google Business Profile in the context of these Terms refers to connecting the Client’s Google listing to the Services so that End Customers can be directed to leave Google reviews for the Client.


Default Messaging Preferences: The predefined or Client-selected settings within the Services that determine the content and timing (cadence) of review request messages. This may include standard message templates/scripts provided by My 5TH STAR and schedule rules (e.g., sending a follow-up message after a certain number of days) that are applied when contacting End Customers, unless the Client customizes these settings.


CRM (Customer Relationship Management) System: A third-party software system used by the Client to manage customer information, which may be integrated with the Services. Integration with a CRM allows automatic retrieval or syncing of End Customer contact details and other relevant data to facilitate sending review requests.


Applicable Laws: All laws, statutes, regulations, and rules applicable to the Client, ELIT VIRTUAL LLC, and the handling of End Customer data and communications under these Terms. This includes, without limitation, data protection and privacy laws and regulations (such as the EU General Data Protection Regulation“GDPR”, the California Consumer Privacy Act“CCPA”, Canada’s Anti-Spam Legislation“CASL”), and laws relating to electronic communications and marketing (such as the U.S. CAN-SPAM Act and Telephone Consumer Protection Act “TCPA”, and similar state, provincial, or federal laws).

29. SCOPE OF SERVICES

Review Request Communications:

ELIT VIRTUAL LLC (My 5TH STAR) will, on the Client’s behalf, send out review request communications to the Client’s End Customers. These communications may be in the form of SMS/text messages, emails, or other electronic messages, and will typically invite or remind End Customers to leave a review (for example, a Google review) about their experience with the Client’s business. The messages are sent in the name of or referencing the Client, making clear to the End Customer that the request is coming from the Client (with My 5TH STAR acting in the background as a service provider).

Integrations for Automation:

As part of the Services, ELIT VIRTUAL LLC (My 5TH STAR) may integrate with various third-party platforms and accounts to streamline and automate the review request process. This includes integration with the Client’s Google Business Profile (to generate direct links for Google reviews), social media or review site accounts (to solicit reviews or post review content on those platforms if applicable), and the Client’s CRM or other customer databases. Through these integrations, the Service can automatically pull necessary customer contact information and trigger messages (for example, after a sale or service is completed, as recorded in the CRM) without manual intervention by the Client. The Client authorizes My 5TH STAR to connect to and use such integrated systems solely for the purpose of providing the Services.

Default Settings and Customization:

The Client will have the ability to configure certain default messaging preferences within the Service. By default (and in the interest of efficiency), My 5TH STAR provides pre-approved message scripts/templates and a recommended messaging cadence (e.g., an initial review request followed by one or more reminder messages after set time intervals). These default settings will be used to send review requests to End Customers unless the Client chooses to modify or customize them. The Client can customize the content of the messages, the number of follow-ups, the timing of messages, and other preferences through the Service’s interface. If no customization is made, the Client agrees that the standard scripts and schedule provided by My 5TH STAR are deemed approved by the Client for use.

Scope Limitations:

The Services are intended solely for the purpose of requesting customer reviews and related customer feedback. ELIT VIRTUAL LLC (My 5TH STAR)’s role is limited to facilitating the sending of these communications and providing the Client with tools to manage the process. The Service does extend to managing responses to reviews, moderating content on third-party review sites, but does not guarantee that reviews will be positive or removed if negative. ELIT VIRTUAL LLC (My 5TH STAR) is not a reputation management or review moderation service under these Terms; it focuses strictly on review solicitation and associated automation.

30. CLIENT RESPONSIBILITIES

The Client agrees to the following responsibilities and obligations to ensure that the use of the Services is lawful and effective:

Obtain and Maintain Consent: You must have explicit permission from each End Customer before My 5TH STAR sends them any SMS or email. Prior to uploading or providing any End Customer’s contact information to the Service, you will have obtained all necessary and legally-required consents to contact that End Customer via the intended communication method (text message, email, etc.). This means, for example, compliance with opt-in requirements under the Telephone Consumer Protection Act (TCPA) for U.S. text messages, and compliance with email consent requirements under laws like the CAN-SPAM Act. You should only send review requests to individuals who have agreed to receive such communications from you. If an End Customer revokes consent or opts out of receiving communications, you are responsible for updating your settings or notifying My 5TH STAR to cease messages to that End Customer.

Compliance with Data Privacy Laws: You are responsible for adhering to all applicable data protection and privacy laws in relation to the End Customer data and communications. This includes, without limitation, ensuring compliance with regulations such as the EU General Data Protection Regulation (GDPR) (if you handle data of EU residents, even if the service is not yet actively offered in the EU), the California Consumer Privacy Act (CCPA) for personal data of California residents, Canada’s Anti-Spam Legislation (CASL) for messages sent to Canadian recipients, and any other international, federal, or state laws regarding personal data, privacy, or electronic communications. You, as the data controller/business, must provide any required privacy notices to your End Customers and, where required, obtain explicit consent for the collection and use of their data (including sharing it with service providers like My 5TH STAR for the purpose of sending review requests). If you expand or use the Services in new jurisdictions, you must ensure you meet all local requirements (such as consent and opt-out rules) in those areas.

Accurate Data and Lawful Use: You are responsible for the accuracy, quality, and legality of the End Customer contact information and any other data you provide to My 5TH STAR.

This means you will only upload or provide data that has been collected lawfully and is up-to-date. You must not use the Services to send messages to any phone number or email address that is on any do-not-contact list or to individuals who have not consented, as doing so could violate spam or privacy laws. Furthermore, you agree not to use the Services for any unlawful, misleading, or abusive purposes – for example, you will not include any fraudulent content in review requests, and you will not attempt to use the Service to send non-review-related marketing without proper consent.

Maintain Integrations and Access: If you choose to integrate third-party accounts or systems with the My 5TH STAR Services (such as linking a Google Business Profile, Facebook page, or connecting a CRM via API), you are responsible for maintaining the continuity and validity of those integrations. This includes keeping login credentials, API keys, and tokens up to date, and promptly reconnecting or updating them if they change or expire. For instance, if your Google or social media password changes or if your CRM API token expires, you must update the integration settings so that the Services can continue to function. ELIT VIRTUAL LLC (My 5TH STAR) is not responsible for any failure to send review requests or any other service downtime to the extent caused by disconnected or broken integrations due to the Client’s action or inaction.

Regulatory Compliance: It is the Client’s duty to ensure that its use of the Services (including the content and timing of messages sent to End Customers) complies with all
Applicable Laws(defined above). While My 5TH STAR provides the tools and default templates, the Client must ensure that the actual use of those tools meets legal standards (for example, including any required disclaimers or opt-out instructions in messages if mandated by law). The Client is strongly encouraged to consult its own legal counsel to ensure that its use of the Services is compliant with laws relevant to its specific industry and jurisdiction. The Client will be solely responsible for any legal consequences arising from improper use of the Services or failure to comply with applicable laws, and agrees to indemnify
ELIT VIRTUAL LLC (My 5TH STAR) for any loss or damage resulting from such misuse or non-compliance (as detailed in the Indemnification section of these Terms).

31. MESSAGING CONTENT & AUTOMATION

Authorization to Send on Client’s Behalf: By using the Services, the Client acknowledges and authorizes ELIT VIRTUAL LLC (My 5TH STAR) to send SMS messages, emails, and other electronic communications to End Customers on the Client’s behalf. These messages will appear to come from the Client’s business (using the sender identity information provided in the Service setup, such as the business name or a designated phone number/email address). The content of these messages is intended to request a review or feedback and may include the Client’s name, contact info, and a link or instructions for leaving a review (e.g., a direct link to the Client’s Google review page).

Use of Default Scripts and Cadence: By default, My 5TH STAR utilizes pre-approved message templates and a standard schedule for follow-ups, as part of the Services. The Client agrees that, unless they take action to customize the messaging, the Company may use these default scripts and timing on the Client’s behalf. These default messages have been crafted to be professional and effective for general use (for example, a polite review request shortly after a customer interaction, and perhaps a gentle reminder a few days later if no review has been received). The Client has had the opportunity to review these templates during onboarding or in their account settings. By not modifying them, the Client is effectively giving blanket approval for their use.

Client Customization and Control: The Service provides tools for the Client to edit or override the default message content and schedule. The Client can customize the text of review requests, add their branding or personal tone, change how many follow-up reminders are sent, adjust the intervals between messages, and set overall preferences (for instance, choosing to send only emails and not SMS, or vice versa). If the Client chooses to make such customizations, My 5TH STAR will send the messages according to the Client’s specified content and timing. The Client bears full responsibility for any custom message content or schedule they create, and should ensure that any modifications still comply with applicable laws and are appropriate for their customer base.

Content Responsibility and Disclaimer: The Client understands that My 5TH STAR is a neutral transmitter of content; the platform facilitates sending the Client’s message to End Customers. Whether using default scripts or customized text, the Client is responsible for the content of all review request messages sent through the Service. My 5TH STAR does not independently verify or censor the message content (aside from perhaps basic checks for prohibited content), and therefore is not liable for any issues arising from the messages. This includes, but is not limited to, any claims that the messages were misleading, unsolicited, harassing, or otherwise in violation of a recipient’s rights or any law. The Client should carefully review all default and customized messages to ensure they are accurate, appropriate, and lawful.

Frequency and Cadence of Messages: By default, the Service’s messaging cadence (number of messages and timing) has been configured in a way that aims to be effective yet not overly intrusive (for example, one initial request and one reminder). The Client can configure this as per their needs. The Client acknowledges that they are responsible for the frequency of messages sent to their End Customers. If an End Customer perceives the frequency of reminders as excessive or spammy, or if it violates any communication law (such as limits on SMS under certain regulations), the responsibility lies with the Client to adjust their settings. ELIT VIRTUAL LLC (My 5TH STAR) will not be held liable for any complaint or issue arising from the chosen frequency of messages.

Opt-Out Handling (If applicable): My 5TH STAR’s platform will make reasonable efforts to honor standard opt-out requests from End Customers. For example, if an End Customer replies “STOP” to an SMS, the system may automatically flag that number to prevent further texts, and similarly, unsubscribe links in emails will prevent further emails. However, ultimate compliance with opt-out requests is the Client’s responsibility. The Client should regularly monitor any notifications of opt-outs and ensure such contacts are not inadvertently re-uploaded or contacted through other means in violation of their request.

No Liability for Message Outcomes: ELIT VIRTUAL LLC (My 5TH STAR) does not guarantee that an End Customer will positively receive or act upon any message. The Company is not liable for any outcomes of the messages beyond sending them as instructed – for instance, if an End Customer reacts negatively to a review request or if sending a request inadvertently reminds a customer of a negative experience resulting in a bad review, the Client understands this risk is inherent in soliciting feedback. The Client agrees that it will not hold

My 5TH STAR responsible for any damage to its reputation or customer relations arising from the act of sending review requests.

32. DATA USE & STORAGE

Data Processing Role: In providing the Services, ELIT VIRTUAL LLC (My 5TH STAR) acts as a data processor (or “service provider”) on behalf of the Client. The Client is the data controller (or “business” as termed under certain laws like CCPA), meaning the Client determines the purposes and means of processing the personal data of End Customers. All End Customer data provided by the Client to My 5TH STAR remains under the Client’s ownership and control. My 5TH STAR will process this data only as necessary to provide the Services and in accordance with the Client’s instructions and these Terms.

Purpose of Data Use: The Client’s data (including End Customer contact information, such as names, phone numbers, email addresses, and any other information provided for the purpose of the Services) will be used solely for sending review requests and related communications and for operating and improving the Service. My 5TH STAR will not use End Customer personal data for any other purpose (such as marketing other products to End Customers, or selling the data) without the Client’s explicit instruction and consent, and in compliance with applicable law. Aggregated or anonymized data (data that does not identify individuals) may be used by the Company for analytics or improvement of service, but not in a way that reveals any personal information.

Data Security: ELIT VIRTUAL LLC (My 5TH STAR) is committed to protecting the security of Client and End Customer data. The Company will implement and maintain reasonable and appropriate technical and organizational measures to safeguard personal data against unauthorized access, disclosure, or misuse. This may include measures such as encryption of data in transit, secure hosting environments, access controls, and regular security audits. However, the Client understands that no method of data transmission or storage is 100% secure, and therefore My 5TH STAR cannot warrant absolute security. In the event of a data breach affecting End Customer personal data,My 5TH STAR will notify the Client as required by law and cooperate with the Client’s reasonable remediation efforts.

Data Privacy Compliance: As the data controller, the Client is responsible for ensuring that the collection and sharing of End Customer data with My 5TH STAR is done in compliance with all applicable privacy laws. This means the Client should have a valid legal basis (e.g., consent or legitimate interest, as appropriate) for processing and sharing personal data with the Service. The Client should also provide any required privacy notices to individuals (for example, informing them that their data may be used to send them communications requesting a review). If a data subject (End Customer) exercises any of their rights under privacy laws (such as a request to access or delete their data), the Client is responsible for fulfilling those rights. My 5TH STAR will reasonably assist the Client, as needed and as required by law, in honoring such requests (for example, by deleting or returning data upon instruction).

Data Storage and Retention: End Customer personal data provided to My 5TH STAR will be stored on secure servers. The data will be retained for as long as necessary to fulfill the review request services or as instructed by the Client, and in accordance with My 5TH STAR

’s data retention policies. If the Client terminates the Service (or upon the Client’s request), My 5TH STAR will delete or return the End Customer personal data in its possession, except where retention is required by law or for legitimate business purposes (such as retaining proof of consent or communication logs for compliance reasons).

International Data Transfer: (If applicable) The Client acknowledges that depending on the location of the Client and the Company’s infrastructure, End Customer data might be processed or stored in a country different from where it was collected. ELIT VIRTUAL LLC (My 5TH STAR) will only transfer data across borders in compliance with applicable data protection laws, and will implement appropriate safeguards for international transfers as required (such as Standard Contractual Clauses for data transferred from the European Economic Area, if relevant in the future).

Indemnity for Data Violations: The Client agrees to indemnify and hold My 5TH STAR harmless for any claims, damages, fines, or penalties arising out of the Client’s failure to comply with data privacy laws or regulations in connection with the Services. This includes any claims that the Company’s handling of data (as directed by the Client) violated a law because the Client failed to obtain proper consent, provide required notice, or otherwise meet its legal obligations. In other words, if My 5TH STAR faces a complaint or regulatory action due to how End Customer data was collected or used by the Client, the Client will be responsible for defending that action and bearing any costs or liability (see Section 10 on Indemnification for more details).

Data Processing Agreement: (If needed by law) The parties agree that if required under certain laws (like GDPR), these Terms, along with the Privacy Policy and any applicable addendums, will serve as a Data Processing Agreement governing ELIT VIRTUAL LLC (My 5TH STAR) ’s processing of personal data on behalf of the Client. The Client’s act of agreeing to these Terms is deemed to also constitute signing of such a Data Processing Agreement, which includes the obligations and assurances described in this Section and elsewhere in these Terms.

33. SERVICE LIMITATIONS & NO GUARANTEES

No Guarantee of Reviews or Outcomes: The Client acknowledges that ELIT VIRTUAL LLC (My 5TH STAR) does not and cannot guarantee any specific results from the Services. By using the platform to request reviews, you may increase the likelihood of receiving feedback from your customers, but My 5TH STAR makes no promise regarding the number of reviews that will be obtained, the content or ratings of those reviews, or any improvement in your online reputation or business performance. End Customers retain full discretion on whether to respond to a review request and what feedback to provide. Any examples of results or success stories are illustrative only and not guarantees of future performance.

Not a Reputation Management Service: The scope of My 5TH STAR

’s Services is limited to sending out review solicitations and related communications as described. The Service does not include monitoring of third-party review platforms, responding to customer reviews on behalf of the Client, replying to feedback, or engaging in any form of reputation management or content moderation. It is the Client’s responsibility to monitor their own reviews on Google or other platforms and to respond to or address any issues raised in those reviews. For example, if an End Customer leaves a negative review, it is outside the scope of My 5TH STAR

’s Services to intervene or assist in resolving that; such follow-up is entirely between the Client and their customer.

No Endorsement or Filtering: ELIT VIRTUAL LLC (My 5TH STAR) does not filter which customers should receive review requests based on their likely sentiment. (For instance, we do not practice “review gating” – i.e., we do not only send review invitations to happy customers and exclude unhappy ones – unless specifically directed by the Client in violation of platform rules, which we advise against.) All End Customers provided by the Client are generally treated equally in the solicitation process. The Company provides the tool to ask for reviews, but it does not guarantee those reviews will be positive. The Client should be prepared to receive honest feedback, which could be positive or negative, as a result of sending out review requests.

Service Availability: While My 5TH STAR aims to provide a reliable and accessible service, we do not guarantee uninterrupted or error-free operation of the Services at all times. There may be occasional maintenance downtime, technical issues, or outages affecting the ability to send messages or access the platform. Additionally, the Service’s performance can be influenced by third-party systems and networks (for example, SMS delivery depends on telecommunications carriers; email delivery depends on internet service and email providers; integration with Google depends on Google’s APIs being available).My 5TH STAR will make commercially reasonable efforts to ensure high availability and to resolve any outages or issues promptly, but the Client understands that some interruptions may occur and agrees that such interruptions, when reasonable in duration, will not constitute a breach of these Terms.

Third-Party Fees and Changes: The Client is responsible for any third-party fees that might be incurred through use of the Service (for example, your mobile carrier’s fees for sending/receiving SMS, data charges, or any fees imposed by integrated third-party services if they have usage costs). ELIT VIRTUAL LLC (My 5TH STAR) is not liable for those external costs. Furthermore, if a third-party platform (like Google, Facebook, or a CRM provider) changes its policies, APIs, pricing, or availability in a way that affects the Service, My 5TH STAR is not responsible for any resulting limitations. (For example, if Google were to restrict the ability to send review invitation links, the Service might need to adjust or could be limited in functionality. Such changes are outside of My 5TH STAR

’s control.)

“As-Is” Service and Disclaimer of Warranties: ELIT VIRTUAL LLC (My 5TH STAR)
provides the Services on an “as is” and “as available” basis. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, regarding the Services. This includes any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or any warranty that the Services will meet the Client’s requirements or expectations. The Company does not warrant that the Services will be completely error-free or that any defects will be corrected immediately. The Client assumes all risk as to the results and performance of the Services. No advice or information, whether oral or written, obtained from My 5TH STAR or through the Services, shall create any warranty not expressly stated in these Terms.

34. TERMINATION & SUSPENSION

Termination by Client (Cancellation)

: The Client may terminate their subscription or stop using the Services at any time. This can typically be done by using the account settings on the My 5TH STAR platform to cancel the subscription or by providing written notice to ELIT VIRTUAL LLC (My 5TH STAR) (such as an email to [email protected]) expressing the desire to terminate. Unless otherwise specified, termination by the Client will be effective at the end of the current billing period for which payment has been made. (For example, if you cancel mid-month on a monthly plan, the Service might continue until the end of that month, then not renew.) It is the Client’s responsibility to back up or export any data they wish to retain prior to termination.

Termination or Suspension by ELIT VIRTUAL LLC (My 5TH STAR): My 5TH STAR
reserves the right to suspend or terminate the Client’s access to the Services, in whole or in part, under the following circumstances:

•If the Client breaches any material term of these Terms (including non-payment of fees, violating messaging rules, or misuse of the Service) and does not cure that breach within a reasonable time after notice (if a cure is possible).

•If the Client is using the Service in a manner that violates any law or regulation, or that materially infringes upon the rights of others (for example, sending messages without consent, or using the Service to harass individuals).

•If the Client’s use of the Service poses a security risk to the platform or any third party, or if it could subjectMy 5TH STAR or any third party to liability (e.g., a malware or hacking attempt originating from the Client’s account).

•If the Client is abusing the platform (for instance, by attempting to send an unreasonable volume of messages far beyond normal business practice, or by attempting to probe or disruptMy 5TH STAR’s systems).

•If required by law or at the request of government authorities (for example, if a court order or regulatory action requires shutting down the Client’s activity).

In most cases, My 5TH STAR will attempt to provide notice to the Client of any suspension or termination, stating the reason and effective date. However, in urgent cases (such as flagrantly illegal activity or security threats), the Company may suspend access immediately without prior notice.

Effect of Termination: Upon termination of the Services (whether by Client or by Company), the Client’s right to access or use the Services will cease. ELIT VIRTUAL LLC (My 5TH STAR)
will stop any further scheduled or automated communications to End Customers on the Client’s behalf. The Client should promptly download or export any of their data from the platform they might need (such as lists of customers or records of sent messages), as My 5TH STAR may delete or disable access to Client data shortly after termination. However, My 5TH STAR may retain certain information associated with the Client’s account for a period of time as part of its internal records, backups, or to comply with legal obligations (for example, retention required for financial records, dispute resolution, or as part of aggregated analytics data – all in compliance with privacy laws). Any personal data of End Customers will be handled in accordance with Section 32 (Data Use & Storage) regarding deletion upon termination, subject to legal retention requirements.

No Refunds on Termination for Cause: If the Client’s account is terminated by My 5TH STAR
due to a violation of these Terms or unlawful conduct, the Client will not be entitled to any refund of fees paid for the remaining period of any subscription or prepaid service. For example, if the Client paid for a year in advance and is terminated in month 6 for cause, the Client forfeits any fees for the unused months. This forfeiture is in addition to any other remedies that ELIT VIRTUAL LLC (My 5TH STAR) may have against the Client.

Reactivation: If a Client’s account was suspended (but not fully terminated) for reasons such as non-payment or a remediable breach, the Client may contact My 5TH STAR to discuss reactivation once the issue is resolved (e.g., payment is made, or the breach is cured). Reactivation may be subject to a reactivation fee at My 5TH STAR

’s discretion, and the Client may be required to agree to updated Terms if the Terms have changed during the suspension period. ELIT VIRTUAL LLC (My 5TH STAR) is under no obligation to reactivate an account if it deems that doing so could result in further violations or risks.

Termination for Convenience by Company: While it is not common, My 5TH STAR reserves the right to terminate the agreement and cease providing Services to the Client for convenience (for example, if the Company decides to discontinue the Service or a portion of it, or to exit a certain market). In such cases, the Company will provide at least 30 days’ advance notice to the Client and will refund any prepaid fees covering the period after the termination effective date. This kind of termination is not due to any fault of the Client, and the refund will be the sole remedy to which the Client is entitled in that event.

Survival of Terms: The provisions of these Terms that by their nature should survive termination (such as indemnification, liability limitations, governing law, dispute resolution, and any accrued payment obligations) will continue in effect after the termination or expiration of the Services.

35. INDEMNIFICATION & LIABILITY LIMITATIONS

Indemnification by Client: The Client agrees to indemnify, defend, and hold harmless ELIT VIRTUAL LLC (My 5TH STAR) , its parent, subsidiaries, affiliates, and its and their respective officers, directors, employees, agents, and representatives (collectively, the “Indemnified Parties”), from and against any and all claims, demands, lawsuits, actions, proceedings, investigations, liabilities, damages, judgments, settlements, costs, fines, penalties, or expenses (including reasonable attorneys’ fees and court costs) arising out of or related to:

(a) the Client’s use of the Services (including any communications sent through the Service on the Client’s behalf);

(b) any breach by the Client of these Terms or violation of any applicable law or regulation (for example, sending messages without proper consent, or violating privacy laws);

(c) the Client’s negligence, misconduct, or improper use of the Services; or

(d) any allegation that the Client’s communications or use of the Services infringed upon or misappropriated the intellectual property rights, privacy rights, or other rights of a third party (including End Customers).

This indemnification obligation includes, for example, claims brought by End Customers or regulators against My 5TH STAR due to messages the Client instructed to send or data the Client provided. ELIT VIRTUAL LLC (My 5TH STAR)

will promptly notify the Client of any such claim and reasonably cooperate (at the Client’s expense) in the defense. The Client shall have the right to control the defense and settlement of any such claim, provided that My 5TH STAR may participate with counsel of its own choosing at its own expense, and further provided that the Client may not settle any claim in a manner that admits fault on or imposes obligations on My 5TH STAR without the Company’s prior written consent.

Limitation of Liability: To the fullest extent permitted by law, ELIT VIRTUAL LLC (My 5TH STAR) and its affiliates, officers, employees, and agents shall not be liable to the Client or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages whatsoever, including but not limited to lost profits, lost savings or revenue, lost or corrupted data, loss of business opportunities or goodwill, or procurement of substitute services, arising out of or in connection with the use or inability to use the Services or otherwise in connection with these Terms, even if My 5TH STAR has been advised of the possibility of such damages. This exclusion of damages applies regardless of the theory of liability (contract, warranty, tort, strict liability, negligence, or any other legal theory).

Liability Cap: To the extent that liability is not otherwise excluded under these Terms, the total cumulative liability of ELIT VIRTUAL LLC (My 5TH STAR)
(and its affiliates and agents) to the Client for any and all claims arising from or related to the Services or these Terms will be limited to the amount that the Client paid to My 5TH STAR
for the Services in the twelve (12) months immediately preceding the event giving rise to the claim. If the Client has used the Service for less than twelve months, then the liability limit shall be the total amount paid by the Client for the Service in that shorter period. If the Client has paid no amount (for example, during a free trial), the total liability of My 5TH STAR
shall not exceed fifty U.S. dollars (USD $50). The existence of multiple claims or events will not enlarge this cap. The Client acknowledges that the fees paid reflect the allocation of risk set forth in this agreement and that without this limitation of liability, the fees would be higher.

Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities. In such jurisdictions, the liability of ELIT VIRTUAL LLC (My 5TH STAR) shall be limited to the greatest extent permitted by law. Nothing in these Terms is intended to exclude or limit liability that cannot be excluded under applicable law (for example, certain statutory liabilities which may not be disclaimed, or liability for personal injury or death resulting from negligence, to the extent the law does not allow such exclusion). However, in any case, the Client’s remedies are limited to monetary damages up to the limits set forth above, and the Client waives any right to seek injunctive or equitable relief or to enjoin or restrain the operation of the Service (aside from the Client’s right to terminate their own use of the Service).

Indemnification by ELIT VIRTUAL LLC (My 5TH STAR): (This is not typically offered in standard T&C to customers, but for completeness one might include that the Company will indemnify the Client for third-party IP infringement by the Service itself, etc. However, since not requested and to mitigate Company’s risk, we generally do not provide a broad indemnity to the client in these Terms. Therefore, no reciprocal indemnity by My 5TH STAR is provided except as may be required by law.) ELIT VIRTUAL LLC (My 5TH STAR)

’s indemnity of Client is limited to the extent of negligence or willful misconduct by My 5TH STAR as required under applicable law, and in any case, any indemnity obligations would be subject to the limitations and exclusions set forth in this section.

Release: To the extent permitted by law, you release ELIT VIRTUAL LLC (My 5TH STAR)
from all liability for you having acquired or not acquired a review or for the content of any review about your business that may be written by an End Customer, even if such review was solicited by a message sent through the Service. My 5TH STAR is not responsible for what your customers ultimately say about your business; we only facilitate the asking.

36. MISCELLANEOUS

Modifications to Terms: ELIT VIRTUAL LLC (My 5TH STAR) reserves the right to modify or update these Terms at any time. If a change is made, we will provide you with reasonable notice of the modifications, either by emailing the last email address associated with your account, by posting a notice within the Service, or by other reliable means. It is your responsibility to review any updated Terms. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to a change in the Terms, you must stop using the Services and, if applicable, cancel your subscription.

Entire Agreement

: These Terms (including any Order Form or service agreement, and any documents incorporated by reference such as a Privacy Policy or Data Processing Addendum) constitute the entire agreement between the Client and ELIT VIRTUAL LLC (My 5TH STAR) regarding the Services. They supersede all prior and contemporaneous understandings or agreements, whether written or oral, relating to the subject matter herein. In entering into this agreement, neither party has relied on any statement, representation, warranty, or agreement of the other party except for those expressly contained in these Terms.

Severability: If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it enforceable (if possible) or, if modification is not possible, it shall be severed from these Terms. All other provisions of these Terms will remain in full force and effect. The invalid or unenforceable provision shall not affect the validity and enforceability of the remaining provisions.

No Waiver: No failure or delay by either party in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy, nor shall any single or partial exercise of any right, power, or remedy preclude the exercise of any other right, power, or remedy. To be effective, any waiver of rights by ELIT VIRTUAL LLC (My 5TH STAR)
must be in writing and signed by an authorized representative of the Company.

Assignment: The Client may not assign or transfer any of its rights or obligations under these Terms to any third party without the prior written consent of ELIT VIRTUAL LLC (My 5TH STAR). Any attempted assignment in violation of this provision is null and void. My 5TH STAR may assign or transfer its rights and obligations under these Terms freely to an affiliate or in the event of a merger, acquisition, reorganization, or sale of all or substantially all of its assets relating to the Services. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Relationship of Parties: The relationship between ELIT VIRTUAL LLC (My 5TH STAR) and the Client is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, franchise, or agency relationship between the Client and My 5TH STAR. Neither party has the authority to bind or incur obligations on behalf of the other without express prior written consent. The Client is solely responsible for its own business operations, employees, and customers, and not for those of My 5TH STAR, and vice versa.

Force Majeure: ELIT VIRTUAL LLC (My 5TH STAR) shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is caused by circumstances beyond its reasonable control (“Force Majeure”). Force Majeure events include, but are not limited to, natural disasters (e.g., floods, earthquakes), acts of government or regulatory authorities, war, terrorism, civil unrest, strikes or labor disputes, Internet or telecommunications outages, power failures, fire, epidemics or pandemics, and other events of similar nature. In the event of a Force Majeure event, ELIT VIRTUAL LLC (My 5TH STAR) will make reasonable efforts to resume the Services as soon as practicable. This provision does not excuse the Client’s obligation to pay for Services already provided.

Notices: Any notices or communications required or permitted under these Terms to you will be given to the contact information we have on file (such as the email associated with your account). Notices to ELIT VIRTUAL LLC (My 5TH STAR) should be sent to our official business address or to an email address designated by us for such communications. Notices will be deemed given (a) when delivered personally, (b) when sent by confirmed email, or (c) one business day after being sent by reputable overnight courier, or (d) three business days after being sent by postal mail (airmail if international).

Headings and Interpretation: The section headings used in these Terms are for convenience and reference only and shall not affect the meaning or interpretation of any provision of these Terms. Words in the singular include the plural and vice versa. The words “including” or “includes” mean “including without limitation.”

Contact Information: If you have any questions or concerns about these Terms or the Services, you may contact ELIT VIRTUAL LLC (My 5TH STAR) at [email protected].

37. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

ELIT VIRTUAL LLC (My 5TH STAR)

1942 Broadway Suite 314C

80302 Boulder, Colorado

United States

Phone: +1(720) 707-2424

Email:[email protected]