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 responses to inbound inquiries within seconds
• CRM watchdog — monitors lead pipelines and flags stale or unattended contacts
• Reactivation agents — re-engages dormant leads via WhatsApp, email, and SMS
• Listing marketing — generates and distributes property content across digital channels
• FSBO & expired listing prospecting — identifies and outreaches to off-market opportunities
• Transaction coordination — tracks document deadlines and closing milestones
• Review management — automates post-closing reputation building

The Service is delivered as a SaaS product. We reserve the right to modify, add, or remove features at any time with reasonable notice to subscribers.

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. Subscriptions are billed in advance on a recurring basis. By providing payment details you authorise ELIT VIRTUAL LLC to charge your chosen payment method on each renewal date. All fees are in USD and are exclusive of applicable taxes.

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. We do not sell, rent, or share your lead or client data with third parties for their own marketing purposes.

Upon termination, we retain your data for 30 days to allow export, after which it is permanently deleted from active systems.

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 may connect with third-party platforms including CRM systems, WhatsApp Business API, email providers, social networks, and advertising platforms. These integrations are subject to those third parties' own terms and privacy policies. ELIT VIRTUAL LLC is not responsible for the availability, accuracy, or conduct of any third-party platform.

12Disclaimers

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

13Limitation 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.

14Indemnification

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.

15Termination

By you. Cancel your subscription at any time per Section 6. 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.

Sections 8, 10, 13, 14, and 16 survive termination.

16Governing 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.

17EU / 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.

18Changes 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.

19Contact

See also our Privacy Policy.