Terms & Conditions

01The Company

My 5th Star is a trade name operated by ELIT VIRTUAL LLC, a limited liability company registered in the State of Colorado, United States.

02Acceptance of Terms

By accessing or using the My 5th Star platform, website, APIs, or any related services (collectively the "Service"), you confirm that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms") and our Privacy Policy.

If you are acting on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms. If you lack that authority, or if you do not agree with any part of these Terms, you must not use the Service.

03Description of Service

My 5th Star provides AI-powered automation agents for real estate agencies, including:

• Lead intake and qualification — automated replies to inbound enquiries on the channels you connect
• Lead scoring and escalation — each lead is rated and higher-rated ones are flagged to your team
• CRM monitoring — flags leads that have gone unattended
• Reactivation — re-engages dormant contacts on your connected channels
• Listing marketing — generates listing content and publishes it to the social accounts you connect
• Transaction records — stores your transactions, parties, commission splits and closing dates
• Document generation and e-signature links
• Review requests — automated review invitations after a closed transaction
• AI voice calls, where you enable them

The Service is delivered as a hosted subscription product. We may modify, add, or remove features. Where a change materially reduces functionality you are actively using, we will give you at least 30 days' notice and you may cancel without penalty for the remainder of that period.

04Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract in your jurisdiction. The Service is intended exclusively for business use by real estate professionals and agencies. Personal or consumer use is not permitted under standard plans.

05Accounts & Registration

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to:

• Provide accurate and complete registration information
• Keep your credentials secure and not share them with third parties
• Notify us immediately at [email protected] of any unauthorised access or security breach

We reserve the right to suspend or terminate accounts we reasonably believe are being misused or shared in violation of these Terms.

06Subscription & Payments

Plans & pricing. The Service is offered on monthly or annual subscription plans. Current pricing is published at my5thstar.com/#pricing and may be updated with 30 days' advance notice.

Billing and automatic renewal. Subscriptions are billed in advance and renew automatically for successive periods of the same length until you cancel. There is no minimum term and no cancellation fee. By providing payment details you authorise ELIT VIRTUAL LLC to charge your chosen payment method on each renewal date. Fees are stated in the currency shown at checkout and are exclusive of applicable taxes, duties and levies, which are your responsibility where they apply.

Failed payments. If a payment fails we will retry for up to 7 days. After that we may suspend your account until the outstanding balance is settled.

Cancellation. You may cancel at any time via your account dashboard or by emailing [email protected]. Access continues until the end of the paid period.

07Acceptable Use

You agree to use the Service only for lawful, legitimate real estate business purposes. You must not:

• Send spam or unsolicited communications in violation of CAN-SPAM, CASL, GDPR, or any other applicable anti-spam law
• Transmit unlawful, defamatory, harassing, abusive, or fraudulent content
• Attempt to reverse-engineer, decompile, or extract source code from any part of the Service
• Use the Service in ways that overburden, damage, or impair our infrastructure
• Resell, sublicense, or white-label the Service without prior written consent from ELIT VIRTUAL LLC
• Impersonate any person or entity or misrepresent your affiliation
• Process or store data in violation of applicable privacy law, including GDPR and CCPA

Violation of this section may result in immediate account termination without refund.

08Intellectual Property

Our IP. The Service — including all software, AI models, interfaces, documentation, and branding — is owned by ELIT VIRTUAL LLC and protected by applicable intellectual property laws. These Terms do not transfer any ownership of our IP to you.

Your IP. You retain full ownership of all content, listings, and data you upload or create using the Service. You grant us a limited, non-exclusive, royalty-free licence to process your content solely to deliver the Service.

Feedback. Any suggestions or feedback you provide may be used by us without restriction or compensation.

09Your Data

ELIT VIRTUAL LLC acts as a data processor for personal data belonging to your leads and clients that you input into the Service. You are the data controller and are responsible for having a lawful basis to share that data with us.

We process such data strictly in accordance with our Privacy Policy and our Data Processing Agreement, which forms part of these Terms where GDPR applies and sets out the Article 28 obligations we owe you as processor. Every third party that may process this data on our behalf is named on our sub-processors page, with what it does and where it is located.

We do not sell, rent, or share your lead or client data with third parties for their own marketing purposes, and we do not use it to train general-purpose AI models.

You can export your data at any time while your subscription is active. On termination we retain it for 30 days so you can still export it, after which it is permanently deleted from active systems. Encryption keys are held per agency, so deleting an account's key renders that account's stored credentials permanently unreadable.

10Confidentiality

Each party agrees to hold in confidence any non-public information disclosed by the other in connection with the Service, and not to disclose it to third parties without prior written consent, except as required by law. This obligation survives termination of these Terms for a period of 3 years.

11Third-Party Integrations

The Service connects to platforms you authorise — WhatsApp Business, Meta (Facebook and Instagram), Telegram, SMS and voice providers, email delivery, social publishing, and AI model providers. Each is listed, with its purpose and location, on our sub-processors page.

Those platforms operate under their own terms and privacy policies, which you accept directly with them. ELIT VIRTUAL LLC is not responsible for their availability, accuracy, pricing, policy changes or conduct. If one of them changes its rules, suspends your account, or withdraws access to an API, the affected part of the Service may stop working through no fault of ours — and we will tell you when we know.

12What the AI Does On Your Behalf

This is the section that matters most and the one most AI services leave out. The Service does not draft messages for you to send. It sends them itself, in your agency's name, from your own accounts and phone numbers, without a human reading them first. Anyone receiving one sees your agency, not us.

What it decides on its own. Whether and when to reply, what to say, what to ask, when to follow up, when to stop, which leads to rate as more promising, and when to escalate to a person. Where you enable it, it also books viewings, publishes listing content to your social accounts, and places voice calls.

Your controls. You choose which channels are connected, you can turn automated replying off, you can set the assistant's instructions and tone, and you can take over any conversation at any point. Higher-rated leads are flagged for human attention. Using those controls is your decision; we do not review your conversations to decide for you.

Who is responsible. We are responsible for the Service functioning as described. You are responsible for the content of communications sent from your accounts and for their compliance with the law that applies to you — including real estate licensing, advertising and fair-housing rules, and the consent rules in Your Channels, Consent and Contact Rules. If you would not be comfortable with a message going out under your name unread, do not enable automated replying on that channel.

Training. We do not use your data, your leads' data or your conversations to train general-purpose AI models available to anyone else. Model providers that process text on our behalf are listed as sub-processors and are contractually barred from training on it.

13Your Channels, Consent and Contact Rules

The Service sends messages through accounts and numbers that belong to you: your WhatsApp Business number, your Meta pages, your Telegram bot, your SMS sender, your email domain. We operate them on your instruction; we do not own them and cannot grant permission to use them.

You confirm that you have the right to use each connected account, that you comply with the platform's own rules (including the WhatsApp Business Messaging Policy and Meta's platform terms), and that you have a lawful basis to contact every person whose details you put into the Service.

Where a platform suspends or restricts one of your accounts, the Service cannot deliver on that channel until you restore it. That is outside our control and is not a failure of the Service.

14Availability and Support

We aim for the Service to be continuously available and we monitor it, but standard subscriptions carry no contractual uptime commitment and no service credits. We would rather say that here than imply a guarantee we have not agreed to. If you need a formal service level, ask us for a written agreement before subscribing.

We may take the Service down for maintenance. Where planned, we give advance notice and use low-traffic hours.

Support is by email at [email protected] and WhatsApp during business hours. Outages affecting message delivery are treated as urgent.

The Service depends on third parties — Meta, Twilio, Telegram, model providers, our hosting and database providers. An interruption at one of those can interrupt the Service. We work around such failures where we can and are not liable for them.

15Security

What we do to protect your data is published in full, kept current, and specific enough to be checked:

• Security statement — encryption, tenant isolation, access control, incident response
• Sub-processors — every third party that may process personal data, what it does, and where
• Data Processing Agreement — the Article 28 terms that apply when we process your leads' data

You are responsible for your side of it: keeping credentials confidential, removing team members who leave, and telling us promptly at [email protected] if you suspect your account has been accessed by someone else.

16Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

• We do not warrant that the Service will be uninterrupted, error-free, or completely secure
• AI-generated responses may not always be accurate, complete, or appropriate for every situation
• The Service does not replace the professional judgment of a licensed real estate agent

17Limitation of Liability

To the maximum extent permitted by applicable law, ELIT VIRTUAL LLC and its officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities.

Our total cumulative liability for any claims arising from these Terms or the Service shall not exceed the total fees paid by you to us in the three (3) months immediately preceding the event giving rise to the claim.

Some states and jurisdictions do not allow certain liability exclusions — in those cases our liability is limited to the greatest extent permitted by law.

18Indemnification

You agree to indemnify and hold harmless ELIT VIRTUAL LLC and its affiliates, officers, employees, and agents from any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from: your use or misuse of the Service; your violation of these Terms; your violation of any applicable law or third-party rights; or content or data you submit to the Service.

19Termination

By you. Cancel your subscription at any time per Subscription & Payments. Your access continues until the end of the paid period.

By us. We may suspend or terminate your access immediately without notice if you materially breach these Terms, your use poses a legal or security risk, or we are required to do so by law.

The following survive termination: Intellectual Property, Confidentiality, Limitation of Liability, Indemnification and Governing Law & Disputes. (Named rather than numbered, because a numbered cross-reference silently becomes wrong the first time a section is added.)

20Governing Law & Disputes

These Terms are governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms shall first be submitted for good-faith informal resolution by emailing [email protected] with a written description of the dispute. If not resolved within 30 days, disputes shall be resolved by binding arbitration in Boulder, Colorado, under the rules of the American Arbitration Association (AAA), except that either party may seek injunctive relief in a court of competent jurisdiction.

You waive any right to participate in a class action lawsuit or class-wide arbitration.

21EU / GDPR Users

If you are located in the European Economic Area (EEA) or the United Kingdom, the following additional terms apply alongside Colorado law:

• We process your personal data in accordance with the EU General Data Protection Regulation (GDPR) and, where applicable, the UK GDPR
• You have the rights set out in our Privacy Policy, including rights of access, rectification, erasure, portability, and objection
• Where we transfer your data outside the EEA, we apply appropriate safeguards such as Standard Contractual Clauses (SCCs)
• You have the right to lodge a complaint with your local data protection supervisory authority

In the event of any conflict between Colorado law and mandatory EU/UK consumer or data protection law, the mandatory provisions of EU/UK law shall prevail for EU/UK users.

22Changes to These Terms

We may update these Terms at any time. For material changes, we will notify you by email or via a prominent notice in the platform at least 14 days before the change takes effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

23Contact

See also our Privacy Policy.