Terms of Service

Last Updated: December 2, 2025

These Terms of Service ("Terms") govern your access to and use of FilterFive ("Service"), operated by KREAKTIVE LLC ("Company," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.

If you do not agree to these Terms, do not use the Service.

1. Overview of the Service

FilterFive 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.

2. 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

3. 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.

4. SMS Compliance Obligations

This section is critical. Violation may result in immediate termination and legal liability.

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
  • Honor opt-out requests in your own systems
  • Never attempt to circumvent opt-out mechanisms

4.5 Compliance with Laws

You are solely responsible for compliance with:

  • Telephone Consumer Protection Act (TCPA)
  • CAN-SPAM Act
  • State consumer protection laws
  • Carrier requirements and CTIA guidelines
  • Any other applicable laws and regulations

4.6 Liability for Non-Compliance

You agree to indemnify and hold harmless KREAKTIVE LLC from any claims, damages, fines, or penalties arising from your failure to obtain proper consent or comply with applicable laws. This includes, but is not limited to, TCPA violations which may result in penalties of $500 to $1,500 per unsolicited message.

5. Prohibited Uses

You may not use the Service to:

  • Send messages to anyone who has not provided proper consent
  • Send messages for any unlawful purpose
  • Generate fake or fraudulent reviews
  • Harass, threaten, or abuse any person
  • Transmit spam or unsolicited commercial messages
  • Impersonate any person or entity
  • Interfere with or disrupt the Service
  • Attempt to gain unauthorized access to any systems
  • Resell or redistribute the Service without authorization
  • Violate any third-party rights

5.1 Prohibited Business Types

The Service may not be used by businesses engaged in:

  • Cannabis or CBD products (regardless of legality)
  • Adult content or services
  • Gambling or lottery services
  • Firearms or weapons sales
  • Pharmaceutical sales (without proper licensing)
  • Debt collection
  • Any illegal activity

We reserve the right to refuse service to any business at our sole discretion.

6. Subscription Plans and Billing

6.1 Plans

The Service is offered through subscription plans as described on our website. Current plans include usage limits on the number of SMS requests per month.

6.2 Free Trial

New accounts may receive a free trial period of thirty (30) days with a limit of thirty (30) SMS requests. At the end of the trial, you must subscribe to a paid plan to continue using the Service.

6.3 Billing

  • Payment is due upon subscription signup
  • Subscriptions are available on monthly or annual billing cycles
  • All fees are quoted in U.S. dollars
  • You authorize us to charge your payment method on a recurring basis

6.4 Usage Limits

Each plan includes a monthly limit on SMS requests. If you approach your limit:

  • We will notify you when you have 15% of your allocation remaining
  • Upon reaching your limit, the Service will pause until your next billing cycle or until you upgrade your plan
  • Unused requests do not roll over to subsequent months

6.5 Refund Policy

All fees are non-refundable. You may cancel your subscription at any time, and you will retain access until the end of your current billing period. No refunds are provided for:

  • Partial months or billing periods
  • Unused SMS requests
  • Annual subscriptions cancelled mid-term
  • Accounts terminated for Terms violations

6.6 Price Changes

We reserve the right to modify pricing with thirty (30) days' notice. Price changes will take effect at your next billing cycle.

7. Cancellation and Termination

7.1 Cancellation by You

You may cancel your subscription at any time through your account dashboard or by contacting us at info@filterfive.io. Upon cancellation:

  • You retain access until the end of your current billing period
  • No refunds are provided for the remaining period
  • Your data will be retained for thirty (30) days, then permanently deleted

7.2 Termination by Us

We may suspend or terminate your account immediately, without notice, if:

  • You violate these Terms, particularly SMS compliance obligations
  • You fail to pay fees when due
  • We receive complaints about your messaging practices
  • We are required to do so by law or carrier requirements
  • Your use poses a risk to the Service or other users

7.3 Effect of Termination

Upon termination:

  • Your right to use the Service ceases immediately
  • You remain liable for any fees incurred
  • Provisions that should survive termination will remain in effect (including indemnification, limitation of liability, and dispute resolution)

8. Data and Privacy

8.1 Your Data

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.

8.2 Customer Data

You are responsible for your collection, use, and protection of your customers' personal information. You represent that your collection and use of customer data complies with applicable privacy laws and your own privacy policy.

8.3 Our Privacy Policy

Our collection and use of information is described in our Privacy Policy.

8.4 Data Retention

Upon account cancellation or termination:

  • Your data is retained for thirty (30) days
  • After thirty (30) days, all data is permanently deleted
  • Consent records may be retained longer as required by law

9. Intellectual Property

9.1 Our 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.

9.2 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant us the right to use such feedback without restriction or compensation.

10. Third-Party Services

The Service integrates with third-party services including:

  • Twilio (SMS delivery)
  • Zapier (workflow automation)
  • Google Business Profile (review destinations)

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
  • Non-infringement
  • Accuracy or reliability of results
  • Uninterrupted or error-free operation

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
  • Damages arising from your use of or inability to use the Service
  • Damages arising from unauthorized access to your account
  • Any amount exceeding the fees paid by you in the twelve (12) months preceding the claim

These limitations apply regardless of the theory of liability and even if we have been advised of the possibility of such damages.

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
  • Your violation of any law or regulation
  • Your violation of any third-party rights
  • Your failure to obtain proper consent for SMS messages
  • Any claims by your customers related to messages sent through the Service

14. Dispute Resolution

14.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at info@filterfive.io to attempt to resolve any dispute informally. We will attempt to resolve disputes within thirty (30) days.

14.2 Binding Arbitration

If informal resolution fails, any dispute arising from these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.

  • Arbitration shall take place in Colorado Springs, Colorado
  • The arbitrator's decision shall be final and binding
  • Judgment on the award may be entered in any court of competent jurisdiction

14.3 Class Action Waiver

You agree to resolve disputes only on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

14.4 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to the Service.

15. General Provisions

15.1 Governing Law

These Terms are governed by the laws of the State of Colorado, without regard to conflict of law principles.

15.2 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and KREAKTIVE LLC regarding the Service.

15.3 Modifications

We may modify these Terms at any time by posting updated Terms on our website. Continued use of the Service after changes constitutes acceptance of the modified Terms.

15.4 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

15.5 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

15.6 Assignment

You may not assign your rights under these Terms without our consent. We may assign our rights without restriction.

15.7 Notices

Notices to you may be sent to the email address associated with your account. Notices to us should be sent to info@filterfive.io.

16. Contact Information

Email: info@filterfive.io

By using FilterFive, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.