Terms of Service

These Terms of Service ("Terms") are an agreement between you ("you", "your business") and FiveNudge ("FiveNudge", "we", "us"), a sole proprietorship owned and operated by Tirtha Ray in Kolkata, West Bengal, India, and operator of the website www.fivenudge.com and the application at app.fivenudge.com (together, the "Service"). By creating an account or using the Service you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Service.

1. What the Service does

FiveNudge is a software tool that, on your instructions, sends WhatsApp messages to phone numbers you provide (a review request that opens with a thank-you, a link to your Google review page, and an optional reminder). Messages are sent through Meta's official WhatsApp Business Platform from FiveNudge's own verified WhatsApp number, and each message names your business. FiveNudge also uses Google services to sign you in, to let you choose and verify your Google Business Profile, and to show you your rating, recent reviews and listing details, and uses that information to stop reminders once a customer has reviewed.

FiveNudge is a messaging automation tool only. We do not write, post, edit, reply to, buy, filter or remove Google reviews, and we never guarantee that any customer will leave a review.

2. Your account

• You must be at least 18 years old and authorised to act for the business you register.
• You sign in with your Google account. You are responsible for keeping that account secure and for all activity under your FiveNudge account.
• You must provide accurate information, including a business you actually own or are authorised to manage. We may ask you to verify this, for example with a one-time code sent on WhatsApp to the phone number on your public Google listing, or through your Google account's access to the listing.

3. Your responsibilities and acceptable use

You agree to use the Service only to message your own customers: people who have genuinely interacted with your business and whose phone numbers you obtained lawfully.

You agree NOT to:

• add purchased, scraped or third-party contact lists, or numbers of people who are not your customers;
• use the Service to spam, harass, mislead or send content that is unlawful, defamatory or abusive;
• offer money, discounts or any incentive in exchange for reviews, ask only happy customers for reviews, or use the Service in any way that violates Google's review policies;
• violate the WhatsApp Business Messaging Policy or Meta's terms;
• try to message customers who have replied STOP, or to get around opt-outs, sending limits or other safeguards;
• attempt to reverse-engineer, resell or interfere with the Service.

We may suspend or terminate accounts that breach this section, without refund, to protect other customers and our messaging infrastructure.

4. Google and your Google Business Profile

FiveNudge is not affiliated with, endorsed by or connected to Google. Your Google Business Profile, your Google account, your reviews and your Maps ranking belong to you and are governed entirely by Google and its policies.

• Access you grant. You may allow FiveNudge to read your Google Business Profile so we can list the locations you manage, confirm you are an owner or manager, and see when a customer has reviewed. This access is read-only, and you can withdraw it any time at myaccount.google.com/permissions. How we handle information we receive from Google is described in our Privacy Policy and follows the Google API Services User Data Policy, including its Limited Use requirements.
• Google acts independently. Google may at any time, at its sole discretion, remove reviews, filter reviews, change your rating, change your ranking, restrict, suspend or delete your Google Business Profile, for reasons connected or unconnected to your use of FiveNudge, or change or withdraw the access that FiveNudge's features depend on. We have no control over, and no ability to predict or reverse, any action Google takes.
• We are not responsible for your Google Business Profile. FiveNudge is not responsible or liable for anything that happens to your Google Business Profile, Google account, reviews, rating or ranking while you use, or after you have used, the Service. This includes removal of reviews, loss of reviews, profile suspension, or any resulting loss of business.
• No guarantees. We do not guarantee any number of reviews, any star rating, any ranking position, or any business outcome. Results depend on your customers and on Google, neither of which we control.

You use the Service at your own risk. You are responsible for ensuring that the way you use FiveNudge, including the timing and the customers you message, complies with Google's policies and applicable law.

5. WhatsApp and Meta

Messages are delivered by WhatsApp, which is operated by Meta and governed by Meta's terms and policies. Because every FiveNudge business sends from the same FiveNudge WhatsApp number:

• the number's quality rating and sending limits are shared, so we apply daily sending limits and may pause or slow sending, for any or all businesses, when needed to protect the number;
• if a customer replies STOP (or an equivalent), they are opted out of messages from every business on FiveNudge, and we will not send them further messages;
• Meta may independently restrict, suspend or change access to the number or the WhatsApp Business Platform at its discretion, which can interrupt or stop messaging. We are not responsible or liable for any action Meta or WhatsApp takes or for any resulting interruption.

Your customers' messages are sent in your business's name and on your instructions. You use the WhatsApp integration at your own risk.

6. Customer data you add

You confirm that you have the legal right (and, where required, your customers' consent) to share their phone numbers with us and to have messages sent to them on your behalf. You remain the owner of your customer data; we process it only to provide the Service, as described in our Privacy Policy. You are responsible for honouring your own obligations to your customers under applicable law, including India's Digital Personal Data Protection Act, 2023.

7. Fees, billing and cancellation

• Plans. FiveNudge is a paid subscription (Starter, Growth or Pro) at the prices on our pricing page, in Indian rupees (INR) or, for businesses outside India, US dollars (USD). There is no free trial. Each plan includes a monthly limit on the customers you can start review requests for and a maximum number of messages per customer; the limits are shown on the pricing page. Prices include WhatsApp message fees as described there, and applicable taxes (GST) where stated.
• Billing. Subscriptions are billed in advance, monthly or yearly, through Razorpay using a recurring payment authorisation (such as UPI AutoPay or a card; USD plans are paid by international card), and renew automatically until cancelled. Your bank may charge currency-conversion or international transaction fees. Yearly plans are billed once a year at the discounted price shown.
• Receipts and GST invoices. Razorpay emails a payment receipt for each charge, and FiveNudge issues a GST invoice for subscription payments made in India. If you need an invoice re-sent or your GST details changed, email us.
• Sending starts after payment. Review requests are not sent until your subscription is active, and sending stops if it lapses.
• Cancellation. You can cancel at any time from Settings › Plan in the app. Cancellation stops future billing; your plan stays active until the end of the period already paid for.
• Refunds. Except where required by law, fees already paid are non-refundable. If you believe you were billed in error, email us within 7 days and we will review it fairly.
• Price changes. We may change prices with at least 30 days' notice; changes apply from your next billing cycle.

8. Third-party services

The Service relies on services we do not control, including Google (sign-in, Business Profile and Places data), Meta (WhatsApp Business Platform), Razorpay (payments), and hosting and infrastructure providers. Your use of the Service is also subject to those providers' terms where they apply. If a provider changes its terms, pricing, quotas or access, or ends access, the Service or its features may change, be limited or be unavailable, and we are not liable for that.

9. Service availability

We aim to keep the Service running smoothly, but it is provided "as is" and "as available", without warranties of any kind, express or implied. Because it depends on third parties (including Meta's WhatsApp platform, Google, hosting and payment providers), interruptions, delays or errors can occur. We may modify or discontinue features with reasonable notice.

10. Limitation of liability

To the maximum extent permitted by law, FiveNudge, its founder, employees and partners will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, goodwill, data, reviews, ratings or rankings, arising out of or related to your use of (or inability to use) the Service, even if we have been advised of the possibility of such damages. Our total aggregate liability for any claim arising out of these Terms or the Service is limited to the amount you paid us in the three (3) months before the event giving rise to the claim.

11. Indemnity

You agree to indemnify and hold FiveNudge harmless from claims, damages and expenses (including reasonable legal fees) arising from your breach of these Terms, your violation of Google's or Meta's policies, your use of the Service to contact people, or your violation of any law or of any third party's rights (including your customers').

12. Termination

You may stop using the Service and delete your account at any time from Settings. We may suspend or terminate your access, or pause sending for your account, if you breach these Terms, misuse the Service, or create risk for us, other users or the WhatsApp number. Sections 4, 5, 8, 10, 11 and 13 survive termination.

13. Governing law and disputes

These Terms are governed by the laws of India. Subject to any mandatory consumer-protection rights you may have, the courts at Kolkata, West Bengal shall have exclusive jurisdiction over disputes arising from these Terms or the Service.

14. Changes to these Terms

We may update these Terms from time to time. If a change is material, we will notify you by email or in-app at least 15 days before it takes effect. Continuing to use the Service after a change takes effect means you accept the updated Terms.

15. Contact

Questions about these Terms? Email hello@fivenudge.com. It reaches a human.

Grievance Officer

For complaints about the Service, our Grievance Officer is:
Tirtha Ray, Founder, FiveNudge
Email: hello@fivenudge.com
Kolkata, West Bengal, India
We acknowledge grievances within 48 hours and aim to resolve them within 30 days.