Terms of Service

1. Agreement to Terms

By accessing or using BoostedStars ("the Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Platform.

BoostedStars acts as a data processor and technology provider. Each business using our platform is the data controller and is solely responsible for obtaining proper consent from their customers before collecting, processing, or communicating with them.

2. Service Description

BoostedStars provides a review management platform that enables businesses to request, collect, and manage customer feedback through email and SMS communications. Our services include review form creation, email delivery, analytics, and customer feedback management tools.

3. User Responsibilities and Compliance

By using BoostedStars, you agree to:

• Obtain Proper Consent: Only send communications to individuals who have provided explicit, verifiable consent to be contacted
• Comply with Laws: Follow all applicable laws including CAN-SPAM Act, GDPR, CCPA/CPRA, CASL, and A2P 10DLC regulations
• Accurate Information: Provide accurate business information and maintain up-to-date contact details
• No Spam: Not use the Platform for unsolicited communications, spam, or any unlawful purpose
• Respect Privacy: Honor unsubscribe requests and respect customer privacy preferences
• Legitimate Use: Use the Platform only for legitimate business purposes related to customer feedback

4. Prohibited Activities

You may not:

• Send communications to purchased, rented, or scraped contact lists
• Impersonate another person or business
• Transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to the Platform or other users' accounts
• Use the Platform in any way that could damage, disable, or impair our services
• Violate any applicable laws or regulations

5. Account Suspension and Termination

We reserve the right to suspend or terminate your account immediately, without prior notice, if you violate these Terms or engage in activities that:

• Result in high complaint rates or spam reports
• Violate anti-spam laws or communication regulations
• Harm our platform, reputation, or other users
• Involve fraudulent or illegal activity

Upon termination, your right to use the Platform will immediately cease. We may retain certain data as required by law or for legitimate business purposes.

6. Indemnification

You agree to indemnify, defend, and hold harmless BoostedStars, LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising from:

• Your use or misuse of the Platform
• Your violation of these Terms or any applicable laws
• Your violation of any third-party rights, including privacy or intellectual property rights
• Any communications you send through the Platform, including spam complaints or legal violations

7. Limitation of Liability

To the maximum extent permitted by law, BoostedStars' total liability for any claims arising from or related to your use of the Platform will not exceed the amount you paid to BoostedStars in the 6 months immediately preceding the claim.

BoostedStars is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, even if we have been advised of the possibility of such damages.

8. Disclaimer of Warranties

The Platform is provided "as is" and "as available" without warranties of any kind, either express or implied. BoostedStars does not guarantee that the Platform will be uninterrupted, error-free, or secure.

9. Payment and Subscription Terms

Subscription fees are billed in advance on a monthly or annual basis. All fees are non-refundable except as required by law. We reserve the right to change pricing with 30 days' notice.

10. Intellectual Property

All content, features, and functionality of the Platform are owned by BoostedStars and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

11. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or in-app notification at least 7 days before taking effect. Your continued use of the Platform after changes constitutes acceptance of the updated Terms.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, USA, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Platform will be resolved through binding arbitration in California, except where prohibited by law.

13. Contact Information