Terms of Service

Effective Date: February 1, 2025

Welcome to beyondfivestars.com (“Website”). This Terms of Use Agreement (“Agreement”) between you and Beyond Five Stars Marketing LLC (“Company,” “we,” “us,” or “our”) governs your use of the Website and its products, materials, and services (“Services”).

1. Acceptance of this Agreement

These terms are important, so please read them carefully. Using our Services (or clicking “accept/agree”) means you agree to them. If you don’t agree, please don’t use our Services and leave the Website.

You must be at least 13 years old, a US resident, and not a Company competitor to use our Website and Services. By using our Services, you confirm you meet these requirements and have the authority to agree to these terms. If you don’t meet these requirements, you may not use our Services.

2. Changes to this Agreement

We may change this Agreement periodically. We will notify you of changes (unless they are for legal or administrative purposes) before they become effective. Changes will apply to your use of the Services from the effective date forward. New users are subject to the changes immediately. By continuing to use the Services after changes are posted, you agree to the updated Agreement. You are responsible for reviewing this page regularly for updates.

3. Access to the Services

3.1 Changes to Your Access and the Services

The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time, with or without notice. You agree that the Company shall not be liable to you or any third party for any unavailability of the Services.

3.2 Creating an Account

Access to certain Services or features may require account registration and the provision of accurate, complete, and current information. Different account types may be available. Connecting to the Services via a third-party service grants us permission to access and use your information from that service, in accordance with its terms, for login credential storage. All information provided is subject to our Privacy Policy, to which you consent.

3.3 Account Responsibilities

You are solely responsible for maintaining the confidentiality of your password and account. All activities under your account are your responsibility. You may not share your login credentials with any other person. Log out at the end of each session, and exercise caution when using public or shared computers. Account transfers are prohibited without prior written consent. Notify us immediately of any unauthorized account use or security breach. We are not liable for losses arising from your failure to comply with these security obligations, and you may be held liable for losses caused by unauthorized use of your account.

3.4 Termination or Deletion of an Account

The Company reserves the right, in its sole discretion, to suspend or terminate your account at any time, with or without cause, including but not limited to violations of this Agreement.

4. Policy for Using the Services

4.1 Prohibited Uses

You may use the Services solely for lawful purposes and in compliance with this Agreement. You agree not to use the Services in any manner that could damage the Services or the Company’s business operations. Commercial use of the Services is permitted.

4.2 Prohibited Activities

You agree not to do any of the following while using the Services:

• Break the law: Don’t violate any laws, regulations, or contractual obligations, including those related to intellectual property, privacy, or publicity.
• Send spam: Don’t send unsolicited advertising, promotions, or other unwanted communications.
• Impersonate others: Don’t pretend to be someone you’re not or misrepresent your affiliation with anyone.
• Harm minors: Don’t exploit or harm minors in any way, including exposing them to inappropriate content or collecting their personal information.
• Violate content standards: Don’t upload, share, or transmit any material that violates our Content Standards (see below).
• Disrupt others’ use: Don’t harass or interfere with anyone else’s use of the Services, or expose us or other users to harm.
• Damage the Services: Don’t use any device, software, or process that interferes with how the Services work, or put undue strain on our infrastructure.
• Copy content without permission: Don’t copy, monitor, share, or reveal any part of the Services using automated or manual means, except that public search engines may use spiders to create searchable indexes (but not caches) of our materials.
• Spread malware: Don’t upload or distribute any viruses, worms, or other harmful software.
• Hack the system: Don’t try to gain unauthorized access to the Services or related systems, bypass security measures, or interfere with any server, user, or network.
• Reverse engineer: Don’t try to figure out the underlying code or information of the Services.
• Collect user data without consent: Don’t gather information about other users without their permission, including emails, usernames, or passwords.
• Interfere with the Services: Don’t do anything else that could disrupt the Services.
• Help others break the rules: Don’t help or encourage anyone else to do any of these prohibited activities.

4.3 Geographic Restrictions

The Company is based in the United States, and the Services are intended for use only by individuals located within the United States. Accessing the Services from outside the United States is your sole responsibility, and you are responsible for compliance with all applicable local laws. The Company makes no representation that the Services or their content are accessible or appropriate for use outside of the United States.

4.4 Texting Contacts

Users of the service will have the option to send text messages to the contacts that opt-in to this form of communication. These text messages can be used to share promotions, provide product and/or service updates, and serve as a method for any other communication. Text messages must comply with carrier requirements.

1. For contacts that are receiving text messages, can cancel the SMS service at any time. Simply text “STOP” to the shortcode. Upon sending “STOP,” we will confirm the unsubscribe status via SMS. Following this confirmation, the contact will no longer receive SMS messages from us. To rejoin, sign up as completed initially, and we will resume sending SMS messages to the contact.
2. If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to support@beyondfivestars.com.
3. Carriers are not liable for delayed or undelivered messages.
4. As always, message and data rates may apply for sent messages. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.
5. For privacy-related inquiries, please refer to our privacy policy: Beyond Five Stars Marketing Privacy Policy.

Customers and leads opting into our SMS program consent to receive text messages regarding our services, promotions, and important updates. Message frequency varies. Message and data rates may apply. Reply STOP to opt out, HELP for more info to (612) 712-8344.

You may opt out of receiving SMS messages at any time by replying STOP. After opting out, you will no longer receive messages unless you opt in again.

5. Terms and Conditions of Sale

5.1 Refunds

All sales of products and one-time services are final; no refunds or exchanges are offered. Subscription fees are non-refundable. You may cancel your subscription at any time, which will terminate future billing. Access to the service will continue through the end of the current billing cycle; however, no refunds or credits will be issued for partial months or unused services. It is your responsibility to review your purchase and subscription selections before completing your transaction.

5.2 Purchasing Process

The purchase of Services involves a multi-step process, commencing with product selection and culminating in order submission. Clicking the “Buy Now” button redirects you to a third-party merchant checkout, where you will provide your contact information and preferred payment method.

Prior to finalizing your purchase, you are required to carefully review your order. Confirmation and submission of your order via the designated button or mechanism on the Website constitutes your acceptance of these Terms and your agreement to pay the specified price.

5.3 Order Submission

Order submission constitutes a legally binding contract, obligating you to pay the specified price, applicable taxes, and any additional fees or expenses. If the purchased Services require your active participation, such as providing personal information or specifications, you are obligated to cooperate accordingly. Upon submission, you will receive an order confirmation. All communications regarding the purchasing process will be sent to the email address you provided.

5.4 Prices

Prior to order submission, you will be informed of all applicable fees, taxes, and costs, including any delivery charges.

5.5 Methods of Payment

Information regarding accepted payment methods is provided during the purchasing process. Certain payment methods may be subject to additional conditions or fees, details of which are available on the Website. All payments are processed independently through third-party services; therefore, the Website does not collect payment information such as credit card details. In the event of payment failure or refusal by the payment service provider, the Company is not obligated to fulfill the order, and any resulting costs or fees shall be your responsibility.

5.6 Usage Rights

Access to the purchased Services is contingent upon receipt of the full purchase price by the Company.

5.7 Usage Credits

Automate and Optimize subscription plans shall include $10.00 USD in monthly usage credits (“Usage Credits”) in the subscription price.

• Monthly Subscription: For customers subscribing on a monthly basis, the Usage Credits shall be allocated monthly and shall expire at the end of each monthly billing cycle. Unused Usage Credits shall not accumulate or roll over to subsequent billing cycles.
• Annual Subscription: For customers subscribing on an annual basis with a single, upfront payment, Usage Credits shall be allocated in $10.00 USD increments monthly. These Usage Credits shall expire at the end of each respective monthly allocation period and shall not accumulate or roll over to subsequent periods.

The Usage Credits are applicable to usage costs associated with email transmissions, webhook executions, and email verifications, as outlined herein. Specifically, the following usage rates shall apply:

• Email Transmission: $0.0007 USD per email.
• Webhook Execution: $0.0105 USD per webhook.
• Email Verification: $0.0026 USD per email verification.

In the event that a customer’s usage exceeds the allocated Usage Credits within a given monthly billing cycle, the customer’s payment method on file shall be automatically charged for the excess usage incurred, in increments of $10 USD. Unlike the Usage Credits included within the subscription, the excess usage charges will not expire and can roll over.

The customer hereby authorizes such charges. All charges are non-refundable, except as otherwise explicitly stated in this Agreement. The company reserves the right to modify the pricing of these services with proper notice to the client.

6. Contract Duration

6.1 Subscriptions

Subscriptions provide continuous or regular access to the Services for a specified duration. Paid subscriptions commence on the date payment is received by the Company. Timely payment of recurring fees is required to maintain active subscriptions; failure to do so may result in service interruption.

Paid fixed-term subscriptions begin upon payment and continue for the period selected by you or as otherwise specified during the purchase process. Upon expiration of the subscription term, access to the Services will be terminated unless the subscription is renewed through payment of the applicable fee. Fixed-term subscriptions are non-cancellable prior to their expiration date.

6.2 Automatic Renewal

Subscriptions are automatically renewed using the payment method you selected at purchase, unless canceled within the termination deadlines specified in these Terms and/or on the Website. The renewal period will be equivalent to the original subscription term. You will receive reasonable advance notice of the upcoming renewal, including instructions on how to cancel the automatic renewal.

6.3 Termination

Recurring subscriptions may be terminated at any time by providing clear and unambiguous notice to the Company via the contact information provided herein, or, if applicable, through the designated cancellation mechanisms on the Website. If such notice is received prior to the subscription renewal date, termination will be effective upon completion of the current billing period.

7. User Content

7.1 User-generated Content

Our Services may have places where you can share things like messages, photos, and other content (“User Content”). It’s important to be responsible for what you post, so please consider carefully what you share and make sure it follows our rules (the Content Standards below). You’re responsible for any risks that come with sharing your content, including making sure it’s accurate and doesn’t reveal private information. We’re not responsible for what users post, and we don’t get involved in disagreements between users.

7.2 License

You grant the Company a perpetual, irrevocable, worldwide, royalty-free, transferable, and non-exclusive license to use your User Content in any manner related to the Services and the Company’s business, including reproduction, distribution, public display, performance, creation of derivative works, incorporation into other works, and sub-licensing of these rights, in any media formats and channels. You represent that you possess all necessary rights to grant this license. You irrevocably waive any claims against us for infringement or misappropriation of your User Content. This license is subject to our Privacy Policy concerning personally identifiable information.

7.3 Content Standards

User Content must adhere to the following standards:

• It must not violate any applicable laws, regulations, or contractual/fiduciary obligations.
• It must not promote illegal activity, advocate unlawful acts, or create a risk of harm to any person or property.
• It must not infringe any intellectual property rights.
• It must not contain any unlawful, defamatory, abusive, threatening, harassing, harmful, hateful, obscene, vulgar, profane, indecent, offensive, inflammatory, humiliating, or otherwise objectionable material.
• It must not promote sexually explicit or pornographic material, violence, or discrimination.
• It must not contain false or misleading information, or impersonate any person or misrepresent your affiliation.
• It must not falsely represent or imply endorsement by the Company or any other entity.

The Company reserves the right, but not the obligation, to take any action it deems necessary or appropriate with respect to User Content, including removal if it violates these Terms or creates liability. This may include reporting to law enforcement. The Company may remove User Content for any reason. We may disclose User Content, your identity, or electronic communications to comply with legal requirements or protect our rights or those of others. We may terminate or suspend your Service access for any reason, including violations of these Terms. We do not pre-screen User Content and assume no liability for any action or inaction regarding user-provided content.

8. Copyright Infringement (Digital Millennium Copyright Act Policy)

We take copyright seriously, and we ask our users to do the same. If you believe your copyrighted work has been copied without your permission, please let us know. To help us address the issue quickly, please provide the following information to our designated copyright agent (as required by the Digital Millennium Copyright Act):

• Your signature (either electronic or on paper)
• A description of your copyrighted work
• A description and location of the material that you believe infringes your copyright
• Your contact information (address, phone number, and email)
• A statement that you believe the use of your work is not authorized
• A statement (under penalty of perjury) that the information you’re providing is accurate and that you own the copyright or are authorized to act on behalf of the owner

Please be aware that it’s important to be accurate in your copyright infringement notification. Knowingly misrepresenting any facts could have legal consequences (17 U.S.C. § 512(f)).

9. Feedback to the Company

By submitting feedback or suggestions regarding the Services, you assign all rights thereto to the Company, granting us the unrestricted right to use and exploit such feedback. All feedback will be treated as non-confidential and non-proprietary. Please do not submit any information or ideas that you consider confidential or proprietary.

10. Assumption of Risk

The information provided on or through the Services is for general informational purposes only. The Company makes no warranties, express or implied, as to the accuracy, completeness, suitability, or quality of this information. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility for any reliance on this information by you, any other user, or anyone who may become aware of its contents.

11. Privacy

Our Privacy Policy (https://beyondfivestars.com/privacy-policy) details our data collection, usage, and sharing practices. By using the Services, you consent to these practices. We comply with the Children’s Online Privacy Protection Act (COPPA) and do not knowingly collect personally identifiable information from children under 13. Children under 13 are prohibited from registering for the Services or submitting personal information. Upon learning of any such information, we will delete it promptly. Please contact us if you believe a child under 13 has provided personal information.

12. Limitation of Liability

To the fullest extent permitted by law, neither we nor our affiliates, licensors, service providers, employees, agents, officers, or directors will be liable to you or any third party for any damages of any kind, under any legal theory, arising out of or related to your use or inability to use the services, any third-party link, or any content on the services or such third-party link. This includes, but isn’t limited to, any loss of use, revenue, profit, business, anticipated savings, data, goodwill, or value, or any consequential, incidental, indirect, exemplary, special, or punitive damages, whether arising from breach of contract, tort (including negligence), or otherwise, even if such damage was foreseeable and even if we were aware of the possibility of such damages. Your only recourse if you’re dissatisfied with the services is to stop using them.

Some states don’t allow the exclusion or limitation of certain damages, so this limitation and these exclusions might not apply to you.

13. No Warranty

Our services are provided “as is” and “as available,” and you use them at your own risk. To the fullest extent allowed by law, we offer the services without any warranties, whether express, implied, or statutory. This means we don’t guarantee things like merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.

More specifically, we and our licensors don’t guarantee that the content is accurate, reliable, complete, or correct; that the services will meet your needs; that the services will be available at any specific time or place, uninterrupted, error-free, or secure; that any defects will be fixed; that the services are free of viruses or other harmful components; or that the services or items you get through them will meet your requirements or expectations. To the extent permitted by law, we’re not liable for any loss or damage to your computer, mobile device, data, or other property that may result from using the services, items obtained through them, or downloading material from them. We don’t endorse, guarantee, or take responsibility for any third-party products or services offered through the services or linked third-party sites, and we won’t be involved in any transactions between you and third-party providers or other users.

We wouldn’t offer the services without these limitations. No advice or information, whether spoken or written, that you get from us through the services creates any warranty, representation, or guarantee that isn’t specifically stated in this agreement. Some places don’t allow us to exclude implied warranties, so this exclusion might not apply to you. If the law requires any warranties, they’re limited to 90 days from your first use of the services.

14. Indemnification

You agree to protect us (including our affiliates, officers, directors, employees, agents, successors, and assigns) from any losses, claims, actions, lawsuits, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of any kind (including reasonable attorneys’ fees and the costs of enforcing this agreement or pursuing insurance) that arise from your breach of this agreement or your use or misuse of the services. This includes, but isn’t limited to, your user content or actions taken by someone using your account. We reserve the right, at your expense, to take over the defense of any claim you’re required to indemnify us for, and you agree to cooperate with us in defending or settling those claims.

15. Disputes

15.1 Governing Law

This agreement and anything related to it, whether based on contract, tort, or law, will be governed by and interpreted according to the laws of Minnesota, without considering any conflict of law rules.

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15.2 Dispute Resolution

Any lawsuit related to this agreement or the services must be filed in a state or federal court in Hennepin County, Minnesota. However, we can sue you for breach of this agreement in your home country or any other relevant country. You agree to the jurisdiction of these courts and waive any objection that they are an inconvenient place to hold the trial.

We may, at our discretion, require any dispute about this agreement (including its breach, termination, enforcement, interpretation, or validity) to be decided by a single arbitrator through binding arbitration under the rules of the American Arbitration Association in [LOCATION]. The arbitrator’s decision will be final and can be enforced in any appropriate court. The winning party in the arbitration will receive reasonable attorneys’ fees, expert witness costs, and all other related costs, unless the arbitrator decides otherwise for good reason.

All arbitrations will be handled individually. You agree that you can only bring claims against us in arbitration individually, and you waive the right to a jury trial, to participate in a class action lawsuit or arbitration (as a named plaintiff or class member), and to participate in any joint or consolidated lawsuit or arbitration. Even if the American Arbitration Association rules say otherwise, the arbitrator cannot combine claims from more than one person or oversee any kind of representative or class proceeding. If a court decides that the law prevents any part of this paragraph about class actions from being enforced for a particular claim, then that claim (and only that claim) must be separated from the arbitration and can be taken to court.

You understand and agree that by agreeing to these terms, you are giving up your right to a jury trial and your right to participate in a class action.

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15.3 Limitation to Time to File Claims

Any lawsuit or claim you have related to this agreement or the services must be started within one year after the event occurred, or it will be permanently waived.
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16. Miscellaneous

16.1 Waiver

Unless stated otherwise in this agreement, if we don’t use a right or power we have, or if we delay using it, that doesn’t mean we’ve given up that right or power. Using a right or power once doesn’t prevent us from using it again or using any other rights or powers we have.

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16.2 Severability

If a court finds any part of this agreement invalid, illegal, or unenforceable, the rest of the agreement will still be valid. That specific part will also not be considered invalid or unenforceable in any other legal jurisdiction.

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16.3 Entire Agreement

This agreement, along with any documents it refers to, is the complete understanding between you and us about the topics covered. It replaces all previous agreements and discussions, whether written or spoken, about these topics.

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16.4 Headings.

The headings in this agreement are just for convenience and don’t affect the meaning of any of the provisions.‍

16.5 No Agency, Partnership or Joint Venture

This agreement doesn’t create any agency, partnership, or joint venture between you and us. You don’t have any authority to make agreements on our behalf.

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16.6 Assignment

You can’t transfer any of your rights or responsibilities under this agreement without our written permission. Any attempt to do so without our permission is invalid. Transferring your rights doesn’t relieve you of your obligations under this agreement. We can freely transfer our rights and responsibilities at any time. This agreement applies to and binds both parties and their respective successors and assigns, except as limited by the assignment restrictions mentioned earlier.

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16.7 Export Laws

Our services might be subject to U.S. export control laws. You agree to follow these laws and regulations (including the Export Administration Act and the Arms Export Control Act) and not send any materials from the services to a foreign national or foreign destination if it violates these laws or regulations.

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17. Contact Information

Copyright infringement notices should be sent to our designated copyright agent, as explained in Section 7 (User Content). All other feedback, comments, support requests, and other communications about the services should be sent to support@beyondfivestars.com.