Terms of Service

01. Overview of the Service

MoreStars is a business-to-business (B2B) software-as-a-service platform that enables businesses to send SMS review requests to their customers. The Service includes:

• SMS delivery to customers requesting reviews
• Tracking of message delivery and engagement
• Dashboard for managing review requests
• Integration with third-party services (e.g., Zapier)

The Service is intended for use by businesses, not individual consumers.

02. Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Have the legal authority to bind the business entity you represent
• Operate a legitimate business
• Provide accurate and complete registration information
• Comply with all applicable laws and regulations

03. Account Registration

When you create an account, you agree to:

• Provide truthful, accurate, and complete information
• Maintain and promptly update your account information
• Keep your login credentials confidential
• Accept responsibility for all activity under your account
• Notify us immediately of any unauthorized access

We reserve the right to suspend or terminate accounts that contain false information or violate these Terms.

04. SMS Compliance Obligations

4.1 Consent Requirements

By using the Service, you represent, warrant, and agree that:

• You will only submit phone numbers for customers who have provided prior express written consent to receive SMS review requests from your business
• You will use consent language that includes, at minimum:
  • Your business name
  • Clear description that the customer will receive an SMS review request
  • Disclosure that message and data rates may apply
  • Instructions to reply STOP to opt out
  • Reference to your privacy policy
• You will obtain consent before submitting any phone number to MoreStars
• You will never submit phone numbers obtained through purchasing lists, scraping, or any method other than direct consent from the customer

4.2 Required Consent Language

You must use consent language substantially similar to:

"I agree to receive a one-time SMS review request from [Your Business Name]. Message and data rates may apply. Reply STOP to opt out."

Sample consent forms are available at morestars.io/sms-compliance.

4.3 Consent Record Keeping

You are required to maintain records of consent for each customer for a minimum of four (4) years. Records must include date/time, method of consent, exact language used, and customer acknowledgment.

4.4 Honoring Opt-Outs

When a customer opts out by replying STOP (or similar keywords), their phone number is automatically blocked from receiving future messages. You agree to never resubmit an opted-out phone number and to honor opt-out requests in your own systems.

4.5 Compliance with Laws

You are solely responsible for compliance with Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all other applicable laws.

4.6 Liability for Non-Compliance

You agree to indemnify and hold harmless KREAKTIVE LLC from any claims arising from your failure to obtain proper consent. This includes TCPA violations which may result in penalties of $500 to $1,500 per unsolicited message.

05. Prohibited Uses

You may not use the Service to:

• Send messages to anyone who has not provided proper consent
• Generate fake or fraudulent reviews
• Harass, threaten, or abuse any person
• Transmit spam or unsolicited commercial messages
• Impersonate any person or entity
• Resell or redistribute the Service without authorization

5.1 Prohibited Business Types

The Service may not be used by businesses engaged in Cannabis/CBD, Adult content, Gambling, Firearms, unlicensed Pharmaceuticals, Debt collection, or any illegal activity. We reserve the right to refuse service to any business at our sole discretion.

06. Subscription Plans and Billing

6.1 Plans & Free Trial

The Service is offered through subscription plans. New accounts receive a free trial period of 14 days. At the end of the trial, you must subscribe to a paid plan to continue using the Service.

6.2 Billing & Refund Policy

Payment is due upon subscription signup. Subscriptions renew automatically. All fees are non-refundable. No refunds are provided for partial months, unused SMS requests, or annual subscriptions cancelled mid-term.

6.3 Usage Limits

Each plan includes a monthly limit on SMS requests. We will notify you at 80% usage. Upon reaching your limit, the Service will pause until your next billing cycle or until you upgrade/purchase more credits. Unused requests do not roll over.

07. Cancellation and Termination

You may cancel your subscription at any time through your account dashboard. Upon cancellation, you retain access until the end of your current billing period. No refunds are provided for the remaining period.

We may terminate your account immediately if you violate these Terms, particularly SMS compliance obligations.

08. Data and Privacy

You retain ownership of all data you submit to the Service. By using the Service, you grant us a limited license to use your data solely to provide the Service.

You are responsible for your collection, use, and protection of your customers' personal information. Upon account cancellation, your data is retained for 30 days and then permanently deleted.

09. Intellectual Property

The Service, including all software, design, text, graphics, and other content, is owned by KREAKTIVE LLC and protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service.

10. Third-Party Services

The Service integrates with third-party services including Twilio, Zapier, and Google Business Profile. Your use of these services is subject to their respective terms and privacy policies. We are not responsible for third-party services.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

We disclaim all warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that SMS messages will be delivered, as delivery depends on carriers and recipient devices.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KREAKTIVE LLC SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Any amount exceeding the fees paid by you in the twelve (12) months preceding the claim

13. Indemnification

You agree to indemnify, defend, and hold harmless KREAKTIVE LLC and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your failure to obtain proper consent for SMS messages.

14. Dispute Resolution

Before initiating formal proceedings, you agree to contact us at [email protected] to attempt to resolve any dispute informally. If unresolved, disputes shall be resolved by binding arbitration administered by the American Arbitration Association in Colorado Springs, Colorado. You agree to resolve disputes only on an individual basis and waive any right to participate in a class action lawsuit.

15. General Provisions

These Terms are governed by the laws of the State of Colorado. These Terms constitute the entire agreement between you and KREAKTIVE LLC regarding the Service. We may modify these Terms at any time by posting updated Terms on our website.