Terms of Service

Last updated: January 1, 2026

These Terms of Service ("Terms") govern your access to and use of the 5CRE platform, website, and related services (collectively, the "Service") provided by 5CRE, Inc. ("5CRE," "we," "our," or "us"). By accessing or using the Service, you agree to be bound by these Terms.

1. Account Registration

To use the Service, you must create an account and provide accurate, complete information. You are responsible for maintaining the security of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

2. Acceptable Use

You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations. You agree not to:

3. Messaging Compliance

You are solely responsible for ensuring that your use of the messaging features complies with all applicable laws, including but not limited to the TCPA, CAN-SPAM Act, and state-specific regulations. This includes obtaining proper consent before sending messages, honoring opt-out requests, and maintaining required records. 5CRE provides compliance tools but does not guarantee compliance on your behalf.

4. Payment Terms

Paid plans are billed in advance on a monthly or annual basis. All fees are non-refundable except as required by law. We may change our pricing with 30 days' notice. Failure to pay may result in suspension or termination of your account. Overage charges for SMS usage beyond your plan limit are billed at the end of each billing cycle.

5. Free Trial

We may offer a free trial period. At the end of the trial, your account will be converted to a paid plan unless you cancel before the trial expires. No credit card is required to start a free trial.

6. Your Data

You retain ownership of all data you upload to or create within the Service ("Your Data"). You grant 5CRE a limited license to use, process, and store Your Data solely for the purpose of providing the Service. We will not access, use, or share Your Data for any other purpose without your explicit consent.

7. Intellectual Property

The Service, including its design, features, content, and underlying technology, is owned by 5CRE and protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service. The 5CRE name, logo, and all related trademarks are our property.

8. Service Availability

We strive to maintain 99.9% uptime but do not guarantee uninterrupted access to the Service. We may perform scheduled maintenance with advance notice. We are not liable for any downtime, delays, or service interruptions.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, 5CRE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Indemnification

You agree to indemnify, defend, and hold harmless 5CRE and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising out of your use of the Service, your violation of these Terms, or your violation of any applicable laws (including TCPA violations).

12. Termination

Either party may terminate this agreement at any time. You may cancel your account through the platform settings or by contacting support. We may suspend or terminate your account if you violate these Terms. Upon termination, your right to use the Service ceases immediately. We will make your data available for export for 30 days following termination.

13. Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved in the state or federal courts located in New York County, New York.

14. Changes to These Terms

We may modify these Terms at any time. We will provide notice of material changes via email or through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

15. Contact

For questions about these Terms, contact us at:

5CRE, Inc.
110 Greene Street, Suite 400
New York, NY 10012
Email: [email protected]
Phone: (212) 555-5CRE