Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Fivion (“Fivion,” “we,” “us,” or “our”), accessible at www.fivion.space.

By accessing or using Fivion, creating an account, or clicking “I agree,” you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use this Service.

These Terms apply globally, including but not limited to users in the United States, Canada, the United Kingdom, the European Union, Australia, New Zealand, Japan, South Korea, Singapore, and all other jurisdictions.

2. Description of Service

Fivion is a software platform that enables small business owners to automatically send SMS review request messages to their customers following a transaction. The Service includes:

• Automated SMS delivery via Twilio to end customers
• Integration with third-party POS systems (including Square)
• Google Business review link redirection
• Customer database management
• Review tracking and AI-assisted reply drafting

3. Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the business entity you represent. By using Fivion, you represent and warrant that you meet these requirements.

4. SMS Messaging — Critical Obligations

By using Fivion to send SMS messages, you represent, warrant, and agree that:

• You have obtained all necessary consents from your customers to receive SMS marketing or transactional messages, as required by applicable law in their jurisdiction.
• You will comply with all applicable SMS and telecommunications laws, including but not limited to: the Telephone Consumer Protection Act (TCPA) (USA), Canada’s Anti-Spam Legislation (CASL), the Spam Act 2003 (Australia), the Privacy and Electronic Communications Regulations (PECR) (UK), and equivalent laws in all other applicable jurisdictions.
• You will immediately honor all opt-out requests from your customers. Fivion automatically processes STOP replies, but ultimate compliance responsibility rests with you.
• You will not use Fivion to send unsolicited, deceptive, harassing, or fraudulent messages.
• You are solely responsible for the content, legality, and compliance of messages sent to your customers through Fivion.
• You will not use Fivion to send messages to purchased or rented contact lists.

Fivion is not liable for any regulatory fines, penalties, or legal actions arising from your failure to comply with applicable SMS and messaging laws. You agree to indemnify and hold Fivion harmless from any such claims.

5. User Accounts

• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activity that occurs under your account.
• You must notify us immediately at legal@fivion.space of any unauthorized use.
• We reserve the right to suspend or terminate accounts that violate these Terms, without notice and without liability.

6. Acceptable Use Policy

You agree NOT to use Fivion to:

• Violate any applicable local, national, or international law or regulation
• Send spam, phishing, or deceptive communications
• Harass, threaten, or harm any person
• Solicit fake, paid, or incentivized reviews in violation of Google’s policies
• Impersonate any person or entity
• Reverse engineer, decompile, or attempt to extract source code
• Introduce malicious code, viruses, or harmful components
• Resell or sublicense the Service without written permission
• Use the Service in any way that could damage Fivion’s reputation or operations

7. Third-Party Services

Fivion integrates with third-party services including Twilio (SMS delivery), Supabase (data storage), Square (POS integration), Google (review links and Places API), and OpenAI (AI features). Your use of Fivion is also subject to the terms and privacy policies of these third-party providers. Fivion is not responsible for the actions, content, or policies of any third-party service.

8. Intellectual Property

All content, features, functionality, trademarks, logos, and software associated with Fivion are owned by Fivion and are protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service solely for its intended purpose.

You retain ownership of your business data. By using Fivion, you grant us a limited license to process your data solely to provide the Service.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

FIVION DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) RESULTS OBTAINED FROM USING THE SERVICE WILL BE ACCURATE OR RELIABLE; (C) ANY ERRORS WILL BE CORRECTED; OR (D) THE SERVICE OR SERVERS ARE FREE OF VIRUSES OR HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIVION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

IN NO EVENT SHALL FIVION’S TOTAL CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO FIVION IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS (CAD $100).

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Fivion and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) any SMS messages sent through Fivion on your behalf; or (e) any claim that your use of the Service harmed a third party.

12. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in Vancouver, British Columbia, Canada, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction.

For users in the European Union: Nothing in these Terms affects your rights as a consumer under applicable EU law. EU users may also access the European Commission’s Online Dispute Resolution platform.

For users in Australia: Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited.

13. Termination

We may suspend or terminate your access to Fivion at any time, with or without cause, with or without notice, effective immediately. Upon termination, your right to use the Service ceases immediately. You may terminate your account at any time by contacting us. Termination does not relieve you of obligations accrued prior to termination.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the “Last updated” date and, where appropriate, by email or in-app notification. Your continued use of the Service after changes constitutes your acceptance of the revised Terms.

15. Contact

For questions about these Terms, please contact us at:

Fivion
legal@fivion.space
www.fivion.space