1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the products, services, and websites provided by Fivecrown Reputation LLC, a Wisconsin limited liability company ("Fivecrown," "we," "us," "our"). By using our Services, you agree to these Terms. If you do not agree, do not use our Services.
By signing up for, accessing, or using any Fivecrown Service, you confirm that you are at least 18 years of age, have the authority to enter into these Terms on behalf of yourself or your business, and agree to comply with these Terms and all applicable laws.
2. Description of Services
Fivecrown provides reputation management software and services for local businesses. Our Services include automated review-request messaging (SMS and email), review monitoring, review response services (including AI-drafted responses subject to client approval), reporting, and related features. Specific features available to you depend on your subscription plan.
3. Account Registration
To use most Services, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your account information
- Keep your password confidential
- Notify us promptly of any unauthorized access
- Be responsible for all activity on your account
4. Customer Consent Obligations
If you use our Services to send messages to your customers, you represent and warrant that:
- You have obtained valid prior express consent from each recipient to send the messages, including any SMS messages
- You disclose to recipients that message and data rates may apply
- You provide clear opt-out instructions
- You honor opt-out requests promptly
- You comply with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all other applicable communications laws
5. Subscription and Billing
Our Services are provided on a subscription basis. By signing up, you authorize us to charge your payment method on a recurring basis at the rate disclosed at signup. Fees are non-refundable except as required by law. We may change prices upon notice; continued use after the price change indicates acceptance.
6. Acceptable Use
You agree not to:
- Use the Services for any unlawful, harmful, or fraudulent purpose
- Send unsolicited messages or spam
- Misrepresent your identity or affiliation
- Reverse engineer, decompile, or interfere with the Services
- Attempt to gain unauthorized access to our systems
- Use the Services to harass, defame, or harm any person
7. Third-Party Platforms
Our Services interact with third-party platforms including Google Business Profile, Yelp, Facebook, and others. Your use of those platforms is subject to their own terms. We are not responsible for the availability, accuracy, or content of third-party platforms.
8. Intellectual Property
The Services, including all software, content, designs, and trademarks, are owned by Fivecrown or our licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable license to use the Services solely as permitted by these Terms.
You retain ownership of any content you submit to the Services. By submitting content, you grant Fivecrown a worldwide, royalty-free license to use, host, and display that content for the purpose of providing the Services.
9. Service Availability
We strive to provide reliable Services but do not guarantee uninterrupted access. We may modify, suspend, or discontinue any Service at any time. We are not liable for downtime, data loss, or other interruptions.
10. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, FIVECROWN AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FIVECROWN IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100.
12. Indemnification
You agree to indemnify and hold harmless Fivecrown, its officers, employees, and agents from any claim, loss, or expense (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms, or your violation of any law or third-party right (including TCPA, CAN-SPAM, and customer-consent obligations).
13. Termination
We may suspend or terminate your account at any time for breach of these Terms or for any other reason at our discretion. You may cancel your account at any time by contacting [email protected]. Upon termination, your right to use the Services ends immediately.
14. Governing Law
These Terms are governed by the laws of the State of Wisconsin, without regard to its conflict-of-law principles. Any dispute arising from these Terms or your use of the Services will be resolved exclusively in the state or federal courts located in Waukesha County, Wisconsin, except where prohibited by applicable consumer-protection laws of your state of residence.
15. Dispute Resolution
Before filing any claim, you agree to first contact us at [email protected] to attempt informal resolution. If we cannot resolve the dispute within 30 days, either party may proceed in court as provided in Section 14.
16. Changes to These Terms
We may revise these Terms at any time. The "Last Updated" date at the top of this page will reflect any changes. We will notify you of material changes by email or notice on our website. Continued use after changes constitutes acceptance.
17. Carrier Liability and Message Delivery
Standard wireless carrier message and data rates apply to SMS and MMS messages sent or received through our Services. Neither Fivecrown nor any participating wireless carrier (including but not limited to AT&T, Verizon, T-Mobile, and their affiliates) shall be liable for any delayed, failed, or undelivered messages. Message delivery is dependent on the recipient's wireless carrier and device, and we cannot guarantee delivery times or successful transmission. Carriers are not responsible for the content of any message, and delivery is subject to carrier limitations and policies.
18. Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced, constitute the entire agreement between you and Fivecrown regarding the Services.
19. Contact
Fivecrown Reputation LLC
13115 Watertown Plank Rd.
Elm Grove, WI 53122
[email protected]
(262) 440-9142