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These Terms & Conditions (“Terms”) govern access to and use of the Get Cinco platform, websites, mobile apps, and related services (collectively, the “Services”). By creating an account, clicking “I agree,” or using the Services, you accept these Terms for yourself or the company you represent (“Customer,” “you”).

If you are entering into these Terms on behalf of a company, you represent that you have authority to bind that company.

1) The Services & Your Account

1.1 What we provide. Get Cinco offers subscription software for review generation, monitoring, response assistance, listings management, messaging, social publishing, surveys/insights, analytics, and related professional services (setup, onboarding, training). The specific features and limits you receive are described in your order form or online checkout (each an “Order”).

1.2 Your responsibilities. You must provide accurate account information, maintain the confidentiality of login credentials, and promptly remove access for users who should no longer have it. You are responsible for all activity under your account.

1.3 Third-party connections. The Services may connect to platforms such as Google, Facebook, X (Twitter), LinkedIn, YouTube, SMS carriers, payment providers, and others. Each third-party platform has its own terms and policies; your use of those integrations remains subject to those rules. We are not responsible for third-party sites, content, service levels, or changes to their terms. 

2) Fair & Lawful Use

2.1 Acceptable Use. You agree not to misuse the Services. Prohibited activities include: illegal acts; infringing others’ rights; attempting to bypass technical protections; scraping or reverse engineering; interfering with service stability; sending spam; or using the Services to publish or transmit content that is unlawful, defamatory, or hateful.

2.2 Review-site compliance (no review gating or fake reviews). When requesting or displaying reviews, you must follow the rules of each review site (e.g., Google, Yelp, Facebook). You may not “review gate” (asking sentiment first and then only directing happy customers to public sites) or solicit fake/misleading reviews; you must comply with applicable FTC rules on reviews and testimonials. Violations can lead to suspension. 

2.3 Fair Use. To protect overall reliability, we may apply reasonable usage thresholds to bandwidth, API calls, and storage. If your usage materially exceeds typical levels for similarly situated customers, we may throttle, limit, or propose an upgraded plan. 

3) Messaging, 10DLC & Consent

3.1 Consent & compliance. If you use texting, email, or messaging features, you are responsible for obtaining and honoring all required consents under laws such as the TCPA and applicable carrier rules (including A2P 10DLC registration in the U.S.). You must maintain opt-in/opt-out records and comply with all anti-spam and consumer-protection laws. Carrier pass-through fees for registration or campaigns may apply. 

3.2 Numbers & registration. We may assist you in registering a brand/campaign or obtaining numbers for compliant messaging; you authorize us to act as your agent for that limited purpose where needed. Failure to maintain required registrations or to pay carrier fees may result in suspension of messaging features. 

4) Customer Content, Data & Privacy

4.1 Your content. You own the content and data you input or collect via the Services (“Customer Data”). You grant Get Cinco a non-exclusive, worldwide license to host, process, transmit, display, and otherwise use Customer Data solely to provide and improve the Services and to comply with law.

4.2 Data sources & display. Some data displayed in the Services may originate from third-party platforms or public sources. Your use of that third-party data may be further limited by the third party’s license or terms.

4.3 Privacy. Our use of personal data is governed by the Get Cinco Privacy Policy and, if applicable, our Data Processing Addendum (DPA). Where required, you will disclose your use of third-party technology and the resulting collection and use of data on your sites or channels. 

4.4 AI features. Some features use artificial intelligence to assist with tasks such as drafting responses or summarizing sentiment. We process data for these features consistent with our Privacy Policy and security practices. We do not use your data to train third-party AI models. You remain responsible for reviewing AI-assisted outputs before publishing. 

4.5 Feedback. If you provide feedback or suggestions, you grant us a perpetual, royalty-free license to use them without restriction.

5) Plans, Fees & Renewals

5.1 Billing. Fees and billing cadence are shown in your Order. Unless stated otherwise, subscriptions renew automatically for successive terms at then-current rates. You authorize us (or our processor) to charge all amounts due to your payment method on file, including taxes.

5.2 Late payments. Overdue amounts may incur finance charges, collection costs, suspension, or termination after reasonable notice.

5.3 Changes. We may modify plan features or pricing on renewal; we’ll notify you in advance as required by law or contract.

5.4 Free trials. If you sign up for a trial, it runs for the period stated in the offer and may include reduced functionality. At trial end, access may stop unless you convert to a paid plan. 

6) Term, Suspension & Termination

6.1 Term. Your subscription starts on the effective date of your Order and continues for the initial term selected, renewing as above.

6.2 Suspension. We may suspend access immediately if: (a) you breach these Terms (including AUP, consent rules, carrier rules, or review-site policies); (b) your use threatens the security or operability of the Services; or (c) invoices remain unpaid after notice.

6.3 Termination. Either party may terminate for material breach not cured within 30 days after written notice. Upon termination or expiration, you remain responsible for fees accrued, and we will make Customer Data export tools available for a reasonable period.

7) Ownership, Licenses & Confidentiality

7.1 Our IP. We (and our licensors) own the Services, software, documentation, and all related intellectual property. No rights are granted except as expressly stated.

7.2 Your license. During your subscription, we grant you a limited, non-exclusive, non-transferable license to access and use the Services solely for your internal business purposes, within plan limits.

7.3 Confidentiality. Each party may receive non-public information from the other. The receiving party will protect such Confidential Information with reasonable care and use it only as necessary to perform these Terms. Standard exceptions apply for information that is public, independently developed, or rightfully obtained from another source. 

8) Warranties, Disclaimers & Limits

8.1 Mutual warranties. Each party represents it has authority to enter into these Terms and will comply with applicable laws.

8.2 Service warranty. We warrant that the Services will perform materially as described in the applicable documentation during your subscription, and that professional services (if any) will be provided in a professional and workmanlike manner.

8.3 Disclaimers. Except as expressly stated, the Services are provided “as is.” We do not guarantee any particular search-engine ranking, review volume, revenue outcome, or business result. To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, non-infringement, and accuracy. 

8.4 Limitation of liability. To the maximum extent allowed by law:

• No special damages. Neither party is liable for indirect, incidental, consequential, exemplary, or special damages (including lost profits or lost data), even if advised of the possibility.
  
  
• Cap. Each party’s aggregate liability for claims in any 12-month period is limited to the fees paid or payable by you to us for the Services during that period, except for amounts due, indemnity obligations, data-security incidents caused by a party’s failure to use reasonable security, or a party’s gross negligence or willful misconduct.
  
  
• These limits apply regardless of the theory of liability and to the fullest extent permitted by law.
  
  

8.5 Indemnity. You will defend and indemnify us against third-party claims arising from (a) your content or sites; (b) your use of the Services in violation of these Terms, laws, carrier rules, or review-site policies; or (c) your integrations with third-party platforms.

9) Notices, Governing Law & Disputes

9.1 Notices. Formal notices must be sent by email and one of: personal delivery, courier, or certified mail to the addresses below (or as updated in writing):

• Get Cinco, LLC
  2620 Buford Hwy, NE
  Atlanta, GA 30324
  Email: info@getcinco.com
• Customer: To the contact on your Order.
  
  

9.2 Governing law & venue. These Terms are governed by the laws of the State of Georgia, USA, without regard to conflicts principles. The parties consent to exclusive jurisdiction and venue in the state or federal courts located in Fulton County, Georgia. (If you operate elsewhere and need a different venue, update this clause.)

(Note: Birdeye’s public T&Cs use their own governing-law clauses; we’ve localized yours for Georgia.) 

9.3 Injunctive relief. Either party may seek urgent relief to prevent misuse or disclosure of Confidential Information. 

9.4 Export control. You represent you are not subject to embargoes or on restricted-party lists and will not use the Services where prohibited by law.

10) Changes to the Services or Terms

We may update the Services and these Terms from time to time. If a change is material, we will provide reasonable notice (for example, by email or in-app). Updates take effect on the stated effective date. If you continue using the Services after the effective date, you accept the updated Terms.

11) General

• Entire agreement. These Terms (plus your Order and any DPA or addenda) are the entire agreement and override conflicting terms.
  
  
• Severability. If any provision is unenforceable, the remainder remains in effect.
  
  
• No waiver. A failure to enforce a provision is not a waiver.
  
  
• Assignment. You may not assign these Terms without our prior written consent; we may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
  
  

Plain-English Summary (non-binding)

• Use Get Cinco responsibly and follow each review site’s rules—no review gating, no fake reviews.
  
  
• Get consent before you message customers; keep your 10DLC/TCPA registrations current.
  
  
• You own your data; we use it only to run and improve the Service, and we don’t train third-party AI models on your data.
  
  
• We work hard to keep everything running smoothly; if something goes wrong, our liability is limited to what you paid in the last 12 months.
  
  
• Georgia law applies; disputes go to courts in Fulton County, GA.