1. Who we are
My 5th Star is a product of Elit Virtual LLC, 1942 Broadway, Ste 314C, Boulder, CO 80302, USA (“we”, “us”). Contact: partners@my5thstar.com · +32 499 40 97 70.
2. The service
A CRM for estate agents with an AI assistant that answers enquiries across connected channels (web chat, WhatsApp, Facebook, Instagram, Telegram, SMS, phone), records leads, books viewings, and produces marketing content.
3. Your account
- You must be 18 or older and able to enter a contract.
- You are responsible for what happens under your account and for keeping credentials secure.
- You are responsible for your team members’ use of the service.
4. What the AI assistant does — and what it does not
The assistant generates replies automatically. It is useful, and it is not infallible: it can be wrong, and it can misunderstand. You remain responsible for what is sent under your name. Review its output where accuracy matters — particularly prices, availability, legal or financial statements, and anything a client might rely on.
- Do not present the assistant as a human being. Applicable EU rules require people to be told they are interacting with an AI system, and our Privacy Policy states this.
- The assistant does not give legal, tax or financial advice, and its output is not professional advice.
- You are responsible for meeting your own professional obligations — including, in Belgium, those attached to BIV/IPI registration.
5. Acceptable use
You will not use the service to:
- Send unsolicited bulk messages or anything breaching marketing or telecoms law.
- Message people who have asked not to be contacted.
- Upload unlawful content, or content you have no right to use.
- Impersonate anyone, or misrepresent a property.
- Attempt to breach the security of the service or access another customer’s data.
- Resell the service without our written agreement.
You must also follow the rules of the third-party channels you connect (Meta, Twilio, Google, TikTok and others). Their rules apply to your use of them, and a suspension there is not something we can lift.
6. Your content and data
Your data stays yours. We claim no ownership of your listings, leads or content. We process personal data under the Data Processing Agreement, and you can export it at any time. We use your data to provide the service — not to train AI models.
7. Fees
- Subscription fees are billed in advance for the period shown at checkout.
- Usage-based features (AI video generation, voice calls, messaging) may carry limits or additional charges, shown before use.
- Fees exclude VAT unless stated. Where required, VAT is added at the applicable rate.
- Late or failed payment may result in suspension after notice.
- Fee changes take effect on your next renewal, with at least 30 days’ notice.
8. Cancellation
You may cancel at any time, effective at the end of the current billing period. We do not refund part-periods unless required by law. If you are a consumer in the EU with a statutory withdrawal right, that right is unaffected.
9. Availability
We work to keep the service available but do not guarantee uninterrupted operation. The service depends on third parties — messaging platforms, AI providers, telecom carriers — and their outages affect it. We may perform maintenance, with notice where practical.
10. Liability
Nothing here excludes liability for death or personal injury caused by negligence, for fraud, or anything that cannot lawfully be excluded — including consumers’ statutory rights.
Subject to that, the service is provided “as is”; we are not liable for lost profits, lost business, lost data or indirect loss; and our total liability in any 12-month period is limited to the fees you paid in that period.
11. Suspension and termination
We may suspend or terminate an account for a material breach of these terms, for unlawful use, or for non-payment. Except where the breach is serious, we give notice and a chance to fix it. On termination you can export your data; see the DPA for deletion.
12. Changes
We may update these terms. Material changes take effect 30 days after we notify customers by email, and continuing to use the service means accepting them.
13. Governing law
These terms are governed by the laws of the State of Colorado, United States, and the courts of Boulder County, Colorado have jurisdiction. This does not deprive a consumer, or a customer in the European Union, of the protection of mandatory rules of their own country, nor of the right to bring proceedings there where the law allows it.