Welcome to FiveUp Inc. (“FiveUp,” “we,” “our,” or “us”).
These Terms of Service (“Terms”) govern your access to and use of our website fiveup.ca and all related products, software, and services (“Services”).
By using FiveUp, you agree to these Terms. If you do not agree, please do not use our Services.
1. Overview
FiveUp provides subscription-based reputation-management software and marketing automation tools that help service businesses generate, manage, and promote customer reviews to improve their online visibility.
2. Eligibility
By using our Services, you represent that you:
are at least 18 years of age;
have the legal authority to enter into this agreement;
and will use the Services for lawful business purposes only.
3. Account Registration
You may need to create an account or provide certain information (name, email, phone number, payment details).
You agree to provide accurate information and keep it current.
You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.
4. Subscription and Billing
Our Services are offered on a recurring monthly subscription basis.
Payments are securely processed through Stripe.
By subscribing, you authorize FiveUp to automatically charge your payment method each billing cycle until you cancel.
You will be notified of any material price or feature changes in advance.
5. Cancellation Policy
You may cancel anytime by contacting [email protected] or using the cancellation option in your dashboard.
Cancellations take effect at the end of the current billing period; you’ll retain access until then.
6. Refund Policy
FiveUp offers a 30-day satisfaction guarantee for new subscriptions.
If you are not satisfied within 30 days of your first payment, contact [email protected] for a full refund.
After 30 days, all payments (including renewals) are non-refundable.
No refunds are provided for partial months, unused time, or inactive accounts.
7. Use of Services
You agree not to:
use the Services for unlawful, misleading, or fraudulent purposes;
interfere with or disrupt our systems;
reverse-engineer, copy, or resell any part of the platform;
or upload content that infringes any third-party rights.
FiveUp may suspend or terminate accounts that violate these Terms.
8. Client Responsibilities
To achieve optimal results with the FiveUp platform, you agree to:
Provide accurate and up-to-date business and contact information needed to operate your account.
Ensure your customer data is collected and shared with FiveUp lawfully and with appropriate consent for communication.
Use the platform to request reviews only from your own genuine customers and never to post or fabricate reviews on their behalf.
Comply with all applicable laws, data-protection rules, and third-party platform policies (including Google Business Profile review guidelines).
9. Results Disclaimer
FiveUp uses proven strategies to improve online visibility, but individual results vary.
We do not guarantee specific revenue, ranking, or review-volume outcomes.
10. Intellectual Property
All materials, software, and trademarks provided by FiveUp remain our property or that of our licensors.
You receive a limited, non-exclusive, non-transferable license to use them internally while subscribed.
11. Confidentiality
FiveUp keeps your business data confidential and discloses it only as needed to deliver Services or when required by law.
You likewise agree to protect any proprietary information about FiveUp.
12. Limitation of Liability
To the fullest extent permitted by law, FiveUp and its affiliates will not be liable for indirect, incidental, or consequential damages arising from your use of the Services.
Our total aggregate liability shall not exceed the fees you paid in the three (3) months preceding the event giving rise to the claim.
13. Indemnification
You agree to indemnify and hold harmless FiveUp, its employees, and partners from any claims or damages (including legal fees) resulting from your misuse of the Services or violation of these Terms.
14. Termination
FiveUp may suspend or terminate your account for breach of these Terms or harmful conduct.
You remain responsible for charges incurred before termination.
15. Governing Law
These Terms are governed by the laws of the Province of Quebec, Canada, without regard to conflict-of-law principles.
Any disputes will be resolved exclusively in the courts of Quebec.
16. SMS Program Terms
Program Name: FiveUp SMS Notifications
Program Description: Upon opting in, users may receive text messages related to demo confirmations, onboarding, account updates, and occasional promotional offers for FiveUp services.
You can cancel the SMS service at any time by texting STOP to the sending number. After you send STOP, we’ll confirm your unsubscribe status via SMS. You will not receive further texts unless you opt in again.
If you experience issues with the messaging program, reply HELP for assistance or contact [email protected].
Carriers are not liable for delayed or undelivered messages. Message and data rates may apply.
Message frequency varies.
For questions about your text or data plan, contact your wireless provider. For privacy-related inquiries, please see our Privacy Policy.
No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Information sharing to subcontractors in support services, such as customer service, is permitted. All other use-case categories exclude text-messaging originator opt-in data and consent; this information will not be shared with any third parties.
17. Changes to These Terms
FiveUp may update these Terms periodically to reflect service or legal changes.
We’ll notify users by email or by posting a notice on our website with the revised “Last Updated” date.
18. Contact Information
For any questions regarding these Terms or our SMS program, contact:
