Terms of Service - Star Guard Review

1. ACCEPTANCE OF TERMS

1.1 Agreement to Terms

Welcome to Star Guard Review ("Company," "we," "us," or "our"). These Terms of Service ("Terms," "Agreement") govern your access to and use of our website located at starguardreview.com (the "Website") and our automated review management services, including SMS review requests, review collection, analytics, and CRM integrations (collectively, the "Services").

BY ACCESSING OR USING OUR WEBSITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE.

If you do not agree to these Terms, you may not access or use the Website or Services.

1.2 Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

1.3 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through prominent notice on our Website at least thirty (30) days before such changes take effect. Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Services before the changes take effect.

1.4 Eligibility

You must be at least 18 years old to use our Services. If you are using the Services on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms, and that such entity agrees to be bound by these Terms.

1.5 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and any additional agreements you enter into with us, constitute the entire agreement between you and Star Guard Review regarding the Services and supersede all prior agreements, understandings, and communications, whether written or oral.

2. ACCOUNT REGISTRATION AND SECURITY

2.1 Account Creation

To access certain features of our Services, you must create an account by providing:

Full legal name
Business name and type
Valid email address
Phone number
Password meeting our security requirements
Payment information (for paid plans)
Business address

You represent and warrant that all information provided is accurate, current, and complete, and you agree to update such information as necessary to maintain its accuracy.

2.2 Account Security

You are solely responsible for:

Maintaining the confidentiality of your password and account credentials
All activities that occur under your account, whether or not authorized by you
Immediately notifying us of any unauthorized access or security breach at starguardreview@gmail.com
Using a strong, unique password (minimum 8 characters with letters and numbers)
Enabling multi-factor authentication when available
Logging out of your account after each session on shared devices

WE ARE NOT LIABLE FOR ANY LOSS, DAMAGE, OR UNAUTHORIZED ACCESS ARISING FROM YOUR FAILURE TO MAINTAIN ACCOUNT SECURITY OR YOUR DISCLOSURE OF LOGIN CREDENTIALS TO ANY THIRD PARTY.

2.3 Account Restrictions

You may not:

Create more than one account per business entity
Share your account credentials with unauthorized users
Allow others to access your account
Transfer or sell your account to another party
Create accounts using false or misleading information
Create accounts for the purpose of violating these Terms

2.4 Account Termination

By You: You may terminate your account at any time by:

Canceling your subscription through your account dashboard
Contacting starguardreview@gmail.com

By Us: We reserve the right to suspend or terminate your account immediately, without prior notice or liability, for:

Violation of these Terms
Fraudulent, illegal, or abusive activity
Non-payment of fees after the grace period
TCPA violations or SMS abuse
Repeated complaints from your customers
Conduct that harms our reputation, business, or other users
Any other reason at our sole discretion

3. SERVICES DESCRIPTION

3.1 Overview

Star Guard Review provides automated review management services for local service businesses, including:

Automated SMS review requests sent to your customers on your behalf
Two-stage rating collection (rating first, then feedback or review link)
Smart routing (positive ratings to public review platforms; negative ratings to private feedback)
Review collection and management dashboard
Customer feedback collection and analysis
Review analytics, reporting, and insights
CRM and business management integrations
Review platform integrations
Automated follow-up and rebooking reminders
Team member access and management

3.2 Service Features by Plan

We offer multiple subscription plans with varying features and usage limits. Current pricing and plan details are available on our Pricing page. Plan features, pricing, and limits are subject to change with 30 days' advance notice.

3.3 Trial Period

Free Trial Terms:

Duration: 14 days OR 30 review requests (whichever comes first)
Features: Full access to Pro plan features during trial
Credit card required at signup for verification
Auto-converts to paid subscription unless cancelled before trial ends
One trial per customer, per business, per lifetime
Trial abuse (including creating multiple accounts) will result in immediate termination and potential legal action
No refunds for trials that auto-convert; cancel before trial ends to avoid charges

3.4 Service Availability

THE SERVICES ARE PROVIDED "AS AVAILABLE." We do not guarantee any specific level of uptime, availability, or performance. We may:

Perform scheduled or emergency maintenance at any time
Temporarily suspend Services for maintenance, updates, or security reasons
Modify, update, or discontinue features without prior notice

We are not liable for any interruption, delay, or failure to perform resulting from maintenance, updates, third-party service failures, or events beyond our reasonable control.

4. BILLING AND PAYMENT TERMS

4.1 Subscription Fees

Subscriptions operate on a 30-day billing cycle from your signup date
When you use all your review requests before the 30-day cycle ends, the service pauses until your next billing cycle
You may purchase additional review request packs at any time: 25 requests for $15, 50 requests for $25, or 100 requests for $45
Unused review requests do not roll over to the next billing period
Your subscription automatically renews every 30 days unless cancelled before the renewal date
Prices are subject to change with 30 days' advance notice
All fees are in U.S. Dollars (USD)
Fees are exclusive of all taxes, which you are responsible for paying

4.2 Payment Methods

We accept:

Credit cards (Visa, Mastercard, American Express, Discover)
Debit cards with major card network logos

All payments are processed securely through Stripe. By providing payment information, you authorize us to charge your payment method for all fees incurred.

4.3 Failed Payments

If payment fails:

Days 1-7: Grace period - your account remains active but in read-only mode (no new SMS can be sent)
Day 7: Account suspended if payment not received; all Services disabled
Day 14: Final notice sent via email
Day 30: Account and all associated data permanently deleted without further notice

We will attempt to charge your payment method up to three (3) times before suspension. You are responsible for ensuring your payment information is current and valid.

4.4 Refund Policy

No refunds for monthly subscriptions once charged
No refunds for partial months of service
No refunds for unused review requests
No refunds for plan downgrades
No charge if cancelled during free trial (before trial ends)
Cancellation takes effect at the end of the current billing period
You will continue to have access to the Services until the end of your paid period

ALL SALES ARE FINAL. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY REASON, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH THE SERVICES, FAILURE TO USE THE SERVICES, OR CHANGE OF MIND.

4.5 Chargeback Policy

If you initiate a chargeback or payment dispute with your bank or credit card company:

(a) Your account will be immediately suspended pending investigation

(b) You agree to pay a $50 administrative fee for processing the dispute

Reimburse us for all fees, costs, and expenses incurred (including chargeback fees from our payment processor)
Pay all outstanding amounts owed
Pay the $50 administrative fee

(d) We reserve the right to:

Pursue collection of all amounts owed through collection agencies or legal action
Report fraudulent chargebacks to credit bureaus, fraud prevention services, and law enforcement
Permanently terminate your account without the possibility of reinstatement
Seek damages for fraudulent chargebacks

(e) Before initiating a chargeback, you must first contact us at starguardreview@gmail.com and allow 10 business days to resolve the issue

4.6 Price Changes

We may change our prices at any time. Price changes will:

Take effect at the start of the next billing cycle following 30 days' notice
Be communicated via email to the address on your account
Not apply retroactively to the current billing period

If you do not agree to a price change, you may cancel your subscription before the new price takes effect.

5. YOUR RESPONSIBILITIES AND OBLIGATIONS

5.1 Compliance with Laws

You are solely responsible for ensuring that your use of the Services complies with all applicable laws, regulations, and industry standards, including but not limited to:

Telephone Consumer Protection Act (TCPA) of 1991 and all amendments
CAN-SPAM Act of 2003
Federal Trade Commission (FTC) Act and regulations
FTC Telemarketing Sales Rule (TSR)
State consumer protection and telemarketing laws
Do Not Call (DNC) regulations (federal and state)
California Consumer Privacy Act (CCPA)
General Data Protection Regulation (GDPR) if applicable
Health Insurance Portability and Accountability Act (HIPAA) if applicable
Gramm-Leach-Bliley Act (GLBA) if applicable
Children's Online Privacy Protection Act (COPPA)
State-specific SMS and privacy laws
Carrier messaging policies and guidelines
Review platform Terms of Service

WE DO NOT PROVIDE LEGAL ADVICE AND MAKE NO REPRESENTATION THAT YOUR USE OF THE SERVICES COMPLIES WITH ANY LAW. YOU SHOULD CONSULT WITH YOUR OWN LEGAL COUNSEL REGARDING COMPLIANCE.

5.2 Customer Consent Requirements

YOU ARE SOLELY RESPONSIBLE FOR OBTAINING PROPER CONSENT FROM YOUR CUSTOMERS BEFORE:

Sending SMS messages through our platform
Sending email communications
Collecting their personal information
Sharing their information with us or any third party
Contacting them for any purpose

You represent, warrant, and covenant that:

(a) You have obtained prior express written consent from each customer before adding them to receive SMS messages, as required by TCPA

(b) Your consent documentation:

Clearly identifies that the customer is consenting to receive text messages
Discloses that message and data rates may apply
Provides opt-out instructions
Is not buried in other terms or conditions
Meets all TCPA requirements for "prior express written consent"

(c) You maintain complete records of all consents for a minimum of five (5) years after the last message sent, including:

Date and time of consent
Method of consent (written form, electronic form, etc.)
The specific language the customer agreed to
The customer's signature or electronic acknowledgment

(d) You can produce consent documentation within 72 hours if requested by us, a carrier, a regulatory agency, or in connection with any legal proceeding

(e) You will honor all opt-out requests within 10 business days as required by law

(f) You will not send messages to any phone number on the National Do Not Call Registry unless you have a valid exemption

5.3 SMS Best Practices and Requirements

You agree to:

Send SMS only to customers who have provided valid, documented consent
Honor all opt-out requests (STOP, UNSUBSCRIBE, CANCEL, END, QUIT) immediately
Ensure compliance with any applicable laws regarding message timing, understanding that SMS messages are sent automatically when triggered by your actions (such as closing a job in your CRM or manual submission) and you are solely responsible for controlling when those triggers occur
Clearly identify your business name in every message
Include clear opt-out instructions in every message
Not send excessive messages (no more than one review request per customer per service)
Not send messages that are false, misleading, deceptive, or offensive
Not send messages promoting illegal activities
Not use URL shorteners that obscure the destination
Comply with all carrier guidelines and messaging policies

5.4 Prohibited Uses

You agree NOT to use the Services to:

Send messages without proper consent
Send spam, unsolicited messages, or harassing communications
Send messages to phone numbers on the Do Not Call Registry (unless exempt)
Violate any law, regulation, or third-party rights
Send false, misleading, defamatory, or fraudulent content
Impersonate any person or entity
Engage in illegal, fraudulent, or abusive activities
Attempt to manipulate reviews or engage in fake review schemes
Offer incentives for reviews in violation of platform policies
Reverse engineer, decompile, or disassemble the Services
Copy, modify, or create derivative works of the Services
Interfere with or disrupt the Services or servers
Attempt to gain unauthorized access to our systems
Use automated means to access the Services (except authorized APIs)
Harvest data from the Services
Use the Services to compete with us or develop competing products
Resell or redistribute the Services without authorization
Use the Services for any purpose other than as intended

5.5 SMS COMPLIANCE DISCLAIMER AND LIABILITY WAIVER

IMPORTANT - PLEASE READ THIS SECTION CAREFULLY

(a) STAR GUARD REVIEW IS A TECHNOLOGY PLATFORM ONLY

Star Guard Review provides a software platform to FACILITATE the sending of SMS review requests on your behalf. We are a technology service provider only.

WE DO NOT AND CANNOT:

Determine who should receive SMS messages (that is your decision)
Verify that you have obtained proper consent from recipients (that is your responsibility)
Guarantee that your use of the Services complies with TCPA or any other law
Verify the accuracy of phone numbers or customer information you provide
Monitor the content of messages for legal compliance
Provide legal advice regarding SMS compliance or any other matter
Act as your legal counsel or compliance officer

(b) YOU ACKNOWLEDGE AND AGREE THAT:

You are SOLELY responsible for compliance with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, FTC regulations, and ALL applicable federal, state, and local laws regarding electronic communications
Star Guard Review does NOT guarantee or warrant that your use of our Services complies with any law, regulation, or industry standard
You will NOT rely on Star Guard Review for legal compliance, consent verification, or legal advice
TCPA violations can result in statutory damages of $500-$1,500 PER MESSAGE. Class action lawsuits under TCPA can result in damages in the millions of dollars. YOU BEAR THIS RISK ENTIRELY.
We disclaim all liability for any fines, penalties, damages, settlements, or legal fees arising from your SMS practices

You have obtained PRIOR EXPRESS WRITTEN CONSENT from each recipient as required by TCPA before sending any SMS message through our platform
Your consent documentation meets ALL legal requirements under TCPA and applicable state laws
You maintain complete records of consent for at least FIVE (5) YEARS after the last message is sent
You have implemented procedures to honor opt-out requests within the time periods required by law
You have consulted with your own legal counsel regarding SMS compliance
You understand the legal risks associated with SMS marketing and accept full responsibility
You have trained your staff on TCPA compliance requirements
You have a written SMS compliance policy in place

(d) COMPREHENSIVE INDEMNIFICATION FOR SMS CLAIMS:

You agree to INDEMNIFY, DEFEND, and HOLD HARMLESS Star Guard Review and its officers, directors, employees, agents, affiliates, successors, and assigns from and against ANY AND ALL claims, damages, fines, penalties, settlements, judgments, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and expert witness fees) arising from or related to:

YOUR sending of SMS messages through our platform
Any claim that you lacked proper consent to send messages
TCPA class actions or individual claims naming you or us as a defendant
State consumer protection claims related to your SMS practices
FCC enforcement actions
State attorney general actions
Carrier complaints, fines, or penalties
Claims from recipients of your messages
Any violation of this Agreement related to SMS communications

This indemnification obligation:

Survives termination of your account and this Agreement
Applies regardless of whether we are named as a party to any claim
Includes our costs of defending any claim, even if the claim is ultimately unsuccessful
Requires you to defend us with counsel acceptable to us

(e) RIGHT TO SUSPEND OR TERMINATE:

We reserve the right to immediately suspend or terminate your SMS privileges and/or your entire account, without notice or liability, if:

We receive any complaint about your SMS practices
We believe you may be violating TCPA or other laws
We receive a carrier complaint or cease-and-desist notice
We are contacted by any regulatory agency about your activities
Your SMS practices pose a risk to our business or reputation

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Our Intellectual Property

Star Guard Review and its licensors own all rights, title, and interest in and to:

The Website and Services, including all software, code, and technology
All content, designs, graphics, user interfaces, and visual elements
The Star Guard Review name, logo, and all related trademarks and service marks
All documentation, training materials, and support content
All improvements, modifications, and derivative works of the foregoing

You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our intellectual property without our prior written consent.

6.2 Your Content and Data

You retain ownership of:

Customer data you upload or provide to us
Review content collected from your customers
Business information you provide
Custom templates you create

By using the Services, you grant us a limited, non-exclusive, royalty-free, worldwide license to use, store, process, display, and transmit your content solely as necessary to provide the Services to you. This license terminates when you delete your content or close your account, except that we may retain archival copies as required for legal or compliance purposes.

6.3 Feedback

If you provide us with suggestions, ideas, feedback, or recommendations regarding the Services ("Feedback"), you grant us a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate such Feedback into the Services without any obligation to you.

7. CUSTOMER DATA AND PRIVACY

7.1 Data Ownership

You own all customer data you provide to us, including:

Customer contact information (names, phone numbers, emails, addresses)
Service and job information
Review data and feedback
SMS communication logs
Integration data from connected CRMs

7.2 Our Role as Data Processor

We act as a data processor on your behalf. You are the data controller and are responsible for:

Determining the purposes and means of processing customer data
Ensuring lawful basis for collecting and processing data
Providing customers with appropriate privacy notices
Responding to customer data subject requests (access, deletion, etc.)
Complying with all applicable data protection laws

7.3 Data Portability

You can export your data at any time by:

Downloading customer lists and review data in CSV format from your dashboard
Requesting a complete data export via starguardreview@gmail.com (fulfilled within 30 days)

7.4 Data Security Disclaimer

(a) SECURITY MEASURES:

We implement industry-standard technical and organizational security measures designed to protect your information. This includes measures for data protection during transmission and storage, access controls, and regular security assessments. However, NO SYSTEM IS 100% SECURE. No method of transmission over the Internet or electronic storage is completely secure.

(b) LIMITATION OF LIABILITY FOR DATA INCIDENTS:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, STAR GUARD REVIEW SHALL NOT BE LIABLE FOR:

Unauthorized access to your data by third parties
Data breaches resulting from sophisticated cyber attacks
Actions of hackers, cybercriminals, or malicious actors
Data loss due to technical failures, natural disasters, or force majeure events
Breaches resulting from YOUR failure to maintain account security
Breaches resulting from YOUR sharing of login credentials
Data incidents at third-party service providers
Any consequential, incidental, or indirect damages arising from data incidents

You are responsible for:

Using strong, unique passwords
Protecting your login credentials and not sharing them
Enabling multi-factor authentication when available
Reporting suspected unauthorized access immediately
Maintaining security of your own systems, devices, and networks
Training your employees on security best practices
Complying with applicable data security requirements

(d) NOTIFICATION: In the event of a data breach affecting your information, we will notify you in accordance with applicable law, but shall not be liable for any damages arising from such breach except as required by law.

8. THIRD-PARTY INTEGRATIONS

8.1 Third-Party Services

Our Services integrate with various third-party platforms and service providers, including:

CRM and business management systems
Review and reputation platforms
SMS and email delivery services
Payment processors
Cloud hosting and infrastructure providers

These third-party services have their own terms of service and privacy policies that govern their operations.

8.2 Third-Party Terms

These third parties have their own terms of service and privacy policies. By using our Services, you also agree to comply with their terms. We are not responsible for:

The availability, performance, or reliability of third-party services
Changes to third-party APIs, terms, or policies
Actions taken by third parties (message filtering, review removal, etc.)
Data practices of third-party services
Any harm arising from your use of third-party services

8.3 Third-Party Dependencies Disclaimer

OUR SERVICES DEPEND ON THIRD-PARTY PROVIDERS. We are not liable for any failure, delay, or issue caused by:

SMS or messaging service delivery failures
Payment processing failures
Review platforms filtering or removing reviews
CRM integration failures or data sync issues
Internet or telecommunications failures
Cloud hosting or infrastructure issues
Any other third-party service issue

We have no control over the availability, performance, or policies of third-party services.

9. WARRANTIES AND DISCLAIMERS

9.1 Limited Warranty

We warrant only that:

The Services will substantially conform to our published documentation
We will provide the Services with reasonable skill and care
We have the right to grant you access to the Services

9.2 DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE SERVICES, WEBSITE, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY, RELIABILITY, OR COMPLETENESS
QUIET ENJOYMENT
TITLE

WE DO NOT WARRANT THAT:

The Services will be uninterrupted, secure, or error-free
The Services will meet your specific requirements or expectations
SMS messages will always be delivered
Reviews will be posted on third-party platforms
Customer reviews will result in increased business or revenue
The Services will be compatible with all systems or devices
Defects will be corrected
The Services are free from viruses or harmful components

YOU USE THE SERVICES AT YOUR OWN RISK.

9.3 REVIEW PLATFORM DISCLAIMER

IMPORTANT NOTICE REGARDING THIRD-PARTY REVIEW PLATFORMS

(a) PLATFORM LIMITATION ACKNOWLEDGMENT:

Star Guard Review serves SOLELY as a delivery platform to facilitate the sending of review requests to your customers via SMS or email.

WE DO NOT AND CANNOT:

Guarantee that reviews will be posted on any platform
Guarantee that reviews will remain visible once posted
Control the policies, algorithms, or decisions of any review platform
Prevent review platforms from filtering, suppressing, hiding, or removing reviews
Guarantee any increase in your review count, average rating, or ranking
Control which reviews are displayed prominently or hidden
Prevent negative reviews from being posted
Remove or modify reviews posted by your customers

(b) THIRD-PARTY TERMS COMPLIANCE:

You acknowledge and agree that:

Review platforms have their own Terms of Service that govern reviews
Some platforms PROHIBIT soliciting reviews, offering incentives for reviews, or selectively requesting reviews only from satisfied customers
It is YOUR SOLE RESPONSIBILITY to research and comply with the Terms of Service of each review platform you use
Violation of platform terms may result in: Review removal or suppression, Account suspension or termination, Penalties or fines from the platform, Damage to your business reputation, Legal action from the platform
Star Guard Review is NOT responsible for any adverse actions taken by review platforms against you or your reviews

BY USING OUR SERVICES, YOU ACKNOWLEDGE AND ACCEPT THAT:

Star Guard Review does not control third-party review platforms
Review platform policies change frequently without notice
Reviews may be filtered, suppressed, hidden, or removed at any time for any reason
We make NO GUARANTEES about: How many reviews you will receive, Whether reviews will be posted, Whether reviews will remain visible, Your rating or ranking on any platform, Any business outcome from using our Services
We are NOT LIABLE for lost reviews, suppressed reviews, removed reviews, negative reviews, or any consequences from review platform actions

(d) THIRD-PARTY PLATFORM RISKS YOU ACCEPT:

Third-party review platforms may, at any time and for any reason:

Filter, suppress, hide, or remove reviews based on their own policies and algorithms
Change their terms of service, algorithms, or display methods without notice
Penalize businesses they believe are violating their guidelines
Restrict or terminate business accounts

Each platform has its own Terms of Service that govern how reviews are collected, displayed, and moderated. We have no control over these third-party decisions and are not liable for any actions taken by these platforms regarding your reviews or account.

(e) RELEASE OF CLAIMS:

You hereby RELEASE and DISCHARGE Star Guard Review from any and all claims, demands, damages, losses, and causes of action related to:

Review platforms filtering, suppressing, or removing your reviews
Changes in your rating or ranking on any platform
Loss of reviews for any reason
Platform policy changes affecting your business
Any decision by any review platform regarding your reviews or account
Any other review platform action or inaction

10. LIMITATION OF LIABILITY

10.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STAR GUARD REVIEW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY:

Indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, business opportunities, or goodwill
Loss of data, use of data, or cost of data recovery
Business interruption or loss of business
Cost of substitute services
Damages arising from unauthorized access to your data
Damages arising from third-party actions (carriers, review platforms, etc.)
Damages arising from SMS delivery failures
Damages arising from reviews not being posted
Any damages arising from events beyond our reasonable control

THESE LIMITATIONS APPLY REGARDLESS OF:

The theory of liability (contract, tort, negligence, strict liability, or otherwise)
Whether we were advised of the possibility of such damages
Whether the damages were foreseeable
Whether any remedy fails of its essential purpose

10.2 Maximum Liability Cap

OUR TOTAL CUMULATIVE LIABILITY to you for any and all claims arising from or related to these Terms or the Services shall not exceed the GREATER OF:

(a) One Hundred Dollars ($100.00), or

(b) The total amount you actually paid to us during the twelve (12) months immediately preceding the event giving rise to the claim

This limitation applies to all claims in the aggregate, not per claim.

10.3 Liability for Free Services

IF YOU ARE USING FREE SERVICES OR A FREE TRIAL:

You acknowledge that you are using the Services without charge. In consideration of this, you agree that our maximum liability to you for any claim arising from the free Services shall be limited to Ten Dollars ($10.00).

10.4 No Liability for Your TCPA Violations

UNDER NO CIRCUMSTANCES SHALL STAR GUARD REVIEW BE LIABLE FOR:

Any TCPA claim, lawsuit, or enforcement action arising from your SMS practices
Fines, penalties, or damages imposed on you for TCPA violations
Your failure to obtain proper consent from message recipients
Your failure to honor opt-out requests
Any SMS-related claim made by your customers or any third party

10.5 Acknowledgment

YOU ACKNOWLEDGE AND AGREE THAT:

The limitations in this Section 10 are fundamental elements of the bargain between you and us
We would not provide the Services without these limitations
These limitations shall apply even if any remedy fails of its essential purpose
These limitations allocate risk between you and us
The pricing of our Services reflects this allocation of risk

11. INDEMNIFICATION

11.1 Your Indemnification Obligations

You agree to INDEMNIFY, DEFEND, and HOLD HARMLESS Star Guard Review and its officers, directors, employees, agents, affiliates, successors, assigns, licensors, and service providers from and against any and all claims, damages, judgments, awards, losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys' fees, expert witness fees, and costs of investigation and litigation) arising from or related to:

(a) Your Use of Services:

Your access to or use of the Services
Your violation of these Terms
Your violation of any third-party rights

(b) TCPA and SMS Violations:

Any TCPA claim arising from messages you send through our platform
Any claim that you lacked proper consent to send SMS messages
Class action lawsuits related to your SMS practices
Individual claims from message recipients
FCC or state attorney general enforcement actions
Carrier complaints or penalties

Your failure to comply with the Telephone Consumer Protection Act (TCPA) of 1991
Your failure to comply with the CAN-SPAM Act
Your failure to comply with FTC Telemarketing Sales Rule
Your failure to comply with State Do Not Call laws
Your failure to comply with California Consumer Privacy Act (CCPA)
Your failure to comply with General Data Protection Regulation (GDPR) if applicable
Your failure to comply with Health Insurance Portability and Accountability Act (HIPAA) if applicable
Your failure to comply with Gramm-Leach-Bliley Act (GLBA) if applicable
Your failure to comply with any other applicable law or regulation

(d) Third-Party Claims:

Claims by your customers related to your SMS practices
Claims by review platforms related to your review solicitation practices
Claims by any third party related to your use of the Services
Infringement of third-party intellectual property rights

(e) Your Content and Conduct:

Content you submit, post, or transmit through the Services
Your violation of any third party's rights
Fraudulent, abusive, or illegal conduct

11.2 Indemnification Procedure

We will:

Provide you with prompt written notice of any claim (though failure to provide timely notice will not relieve your obligations except to the extent you are prejudiced)
Allow you to control the defense and settlement of the claim, subject to our approval of counsel and any settlement that requires us to admit liability or pay money
Cooperate with your defense at your expense

You may not settle any claim without our prior written consent if the settlement:

Requires us to admit fault or liability
Requires us to pay any amount
Imposes any obligation on us
Does not fully release us from liability

11.3 Survival

Your indemnification obligations shall survive termination of these Terms and your account for a period of six (6) years or the applicable statute of limitations, whichever is longer.

12. DISPUTE RESOLUTION

12.1 Informal Resolution

Before filing any legal claim, you agree to attempt informal resolution by:

Contacting us at starguardreview@gmail.com with a detailed description of your dispute
Allowing us sixty (60) days to attempt to resolve the issue
Engaging in good-faith negotiations

This informal dispute resolution process is a prerequisite to arbitration or litigation.

12.2 Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

(a) Agreement to Arbitrate:

You and Star Guard Review agree that any dispute, claim, or controversy arising from or relating to these Terms or the Services (including the formation, interpretation, breach, termination, or validity of these Terms) shall be resolved by binding arbitration rather than in court, except as set forth below.

(b) Arbitration Rules and Procedures:

Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be:

Conducted by a single arbitrator
Held in San Diego, California (or another mutually agreed location)
Conducted in English
Governed by the Federal Arbitration Act

THE ARBITRATOR MAY ONLY CONDUCT AN INDIVIDUAL ARBITRATION AND MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

(d) Arbitration Fees:

Each party shall bear its own costs and attorneys' fees. The filing fees shall be split equally unless the arbitrator determines that an alternative allocation is appropriate.

(e) Arbitrator's Authority:

The arbitrator shall have the authority to:

Award any relief that would be available in court
Issue a written decision including findings of fact and conclusions of law
Award attorneys' fees if authorized by applicable law

The arbitrator shall NOT have authority to:

Conduct class, collective, or representative arbitration
Award relief to anyone other than the parties to the arbitration
Award punitive damages except as expressly authorized by applicable law

(f) Exceptions to Arbitration:

Notwithstanding the foregoing, either party may:

Seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights
Bring claims in small claims court if the claims qualify

12.3 Class Action Waiver

YOU AND STAR GUARD REVIEW AGREE THAT:

All disputes must be brought on an individual basis only
You cannot bring claims as a plaintiff or class member in any class action, collective action, or representative action
Claims cannot be joined or consolidated with claims of other users
The arbitrator may not consolidate more than one person's claims
This class action waiver is an essential part of this arbitration agreement

IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION AGREEMENT SHALL BE NULL AND VOID.

12.4 Opt-Out of Arbitration

You have the right to opt out of this arbitration agreement by sending written notice to starguardreview@gmail.com within thirty (30) days of first accepting these Terms. Your notice must include:

Your name and address
Your email address associated with your account
A clear statement that you wish to opt out of arbitration

If you opt out, you and Star Guard Review may litigate disputes in court, subject to the other provisions of these Terms (including the class action waiver, jury trial waiver, and forum selection clause).

12.5 Statute of Limitations

YOU MUST BRING ANY CLAIM WITHIN ONE (1) YEAR after the cause of action arises. After one year, the claim is PERMANENTLY BARRED regardless of any statute of limitations that might otherwise apply.

12.6 Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND STAR GUARD REVIEW HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY in any legal proceeding arising out of or related to these Terms or the Services, whether the proceeding is in arbitration or court.

12.7 Small Claims Exception

Notwithstanding the arbitration agreement, either party may bring individual claims in small claims court if:

The claims qualify for small claims court
The claims remain in small claims court (not removed or appealed to a different court)
The claims are brought only on an individual basis

12.8 Equitable Relief

Notwithstanding the arbitration agreement, Star Guard Review may seek injunctive or other equitable relief in any court of competent jurisdiction to:

Prevent actual or threatened infringement of our intellectual property rights
Enforce the confidentiality provisions of these Terms
Prevent unauthorized access to our systems or data
Protect against imminent harm to our business

12.9 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

12.10 Forum Selection

For any claims not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in San Diego County, California. You waive any objection to venue in these courts.

13. TERMINATION

13.1 Termination by You

You may terminate your account at any time by:

Canceling your subscription through your account dashboard before the next billing date
Contacting starguardreview@gmail.com

Termination will take effect at the end of your current billing period. You will continue to have access to the Services until then.

13.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including but not limited to:

Violation of these Terms
TCPA violations or SMS abuse
Fraudulent, illegal, or abusive activity
Non-payment of fees after the grace period
Repeated complaints from your customers or third parties
Carrier complaints or penalties
Conduct that harms our reputation, business, or other users
Upon request from law enforcement or government agencies
Extended inactivity (no login for 12+ months)
Discontinuation of the Services

13.3 Effect of Termination

Upon termination:

Your access to the Services ends immediately (or at the end of your billing period if you terminate)
No refund for the current billing period or any unused Services
Your data will be retained for thirty (30) days (you may request export during this period)
After 30 days, your data will be permanently deleted without further notice
We may retain certain data as required for legal, compliance, or audit purposes
You remain liable for all fees incurred prior to termination
Any amounts owed become immediately due and payable

13.4 Survival

The following provisions shall survive termination of these Terms and your account:

Section 4 (Billing and Payment Terms) - for outstanding fees
Section 5.5 (SMS Compliance Disclaimer and Liability Waiver)
Section 6 (Intellectual Property Rights)
Section 7.4 (Data Security Disclaimer)
Section 9 (Warranties and Disclaimers)
Section 10 (Limitation of Liability)
Section 11 (Indemnification)
Section 12 (Dispute Resolution)
Section 14 (General Provisions)
Any other provision that by its nature should survive

14. GENERAL PROVISIONS

14.1 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and any additional agreements you enter into with us, constitute the entire agreement between you and Star Guard Review regarding the Services. These Terms supersede all prior agreements, understandings, representations, and communications, whether written or oral.

14.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed. The remaining provisions shall remain in full force and effect.

14.3 No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless made in writing and signed by an authorized representative of Star Guard Review.

14.4 Assignment

You may not assign, transfer, or delegate these Terms or any of your rights or obligations without our prior written consent. Any attempted assignment without consent is void.

We may freely assign these Terms and our rights and obligations in connection with a merger, acquisition, sale of assets, corporate reorganization, or by operation of law.

14.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to events beyond our reasonable control, including but not limited to:

Natural disasters (earthquakes, floods, hurricanes, fires, volcanic eruptions)
Acts of war, terrorism, civil unrest, or armed conflict
Government actions, laws, regulations, or embargoes
Pandemics, epidemics, or public health emergencies
Internet or telecommunications failures
Power outages or utility failures
Failures of third-party service providers, platforms, or infrastructure
Cyberattacks, DDoS attacks, or security incidents
Labor disputes, strikes, or slowdowns
Supply chain disruptions
Acts of God or any other cause beyond our reasonable control

During force majeure events, our obligations are suspended for the duration of the event. If a force majeure event continues for more than thirty (30) days, either party may terminate these Terms without penalty.

14.6 Relationship of Parties

The relationship between you and Star Guard Review is that of independent contractors. Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship. Neither party has authority to bind the other or incur obligations on the other's behalf.

14.7 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights. Our affiliates, officers, directors, employees, and service providers are intended third-party beneficiaries of the limitation of liability and indemnification provisions.

14.8 Notices

Notices to You: We may provide notices to you by:

Posting on the Website or within the Services
Sending email to the address associated with your account
Any other method we reasonably believe will reach you

Notices are effective upon posting or sending.

Notices to Us: You must send notices to us at:

Email: starguardreview@gmail.com
Mail: Star Guard Review, San Diego, CA

Notices to us are effective upon receipt.

14.9 Electronic Communications

By using the Services, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

14.10 Headings

The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

14.11 Construction

These Terms shall not be construed against us merely because we drafted them. Both parties acknowledge that they have had the opportunity to consult with legal counsel.

15. CONTACT INFORMATION

For questions about these Terms:

Star Guard Review

Email: starguardreview@gmail.com

Phone: (619) 808-5487

Website: starguardreview.com

Location: San Diego, California, USA

16. ACKNOWLEDGMENT AND ACCEPTANCE

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT:

You have read and understood these Terms of Service in their entirety
You agree to be legally bound by these Terms
You have the authority to enter into this Agreement on behalf of yourself or your business
You will comply with all applicable laws, including TCPA and other SMS regulations
You understand and accept the SMS compliance disclaimer and liability waiver in Section 5.5
You understand and accept the review platform disclaimer in Section 9.3
You understand the arbitration agreement and class action waiver in Section 12
You understand and accept the limitation of liability provisions in Section 10
You understand your indemnification obligations in Section 11
You waive your right to a jury trial as set forth in Section 12.6
You have had the opportunity to consult with legal counsel before accepting these Terms

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.