Terms of Service

These Terms of Service ("Terms") are an agreement between you ("you", "your business") and FiveNudge ("FiveNudge", "we", "us"), 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. 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 (typically a thank-you message, a link to your Google review page, and a reminder) using WhatsApp's official Business API. FiveNudge is a messaging automation tool only. We do not write, post, edit, 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 are responsible for keeping your login credentials secure and for all activity under your account.
• You must provide accurate information, including a business you actually own or are authorised to manage.

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:

• upload 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, or use the Service in any way that violates Google's review policies;
• violate the WhatsApp Business Messaging Policy or Meta's terms;
• 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. Your Google Business Profile: important disclaimer

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. By using the Service you acknowledge and agree that:

• 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. 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 your message content, your timing and the customers you message, complies with Google's policies and applicable law.

5. Your WhatsApp number

The same applies to WhatsApp: your WhatsApp Business number and account are governed by Meta. While FiveNudge is built to operate within the official WhatsApp Business API and includes safeguards (message limits, opt-out handling, quality monitoring), Meta may independently restrict, suspend or ban numbers at its discretion. We are not responsible or liable for any action Meta or WhatsApp takes against your number or account. You use the WhatsApp integration at your own risk.

6. Customer data you upload

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

• Paid plans are billed in advance (monthly or yearly) at the prices shown on our pricing page. Prices include WhatsApp message fees as described there, and applicable taxes (GST) where stated.
• The free trial requires no card and converts to a paid plan only if you choose to subscribe.
• You can cancel at any time from your account. Cancellation stops future billing; your plan stays active until the end of the period already paid for.
• 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.
• We may change prices with at least 30 days' notice; changes apply from your next billing cycle.

8. 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. The Service depends on third parties we do not control (including Meta's WhatsApp API, Google, hosting and payment providers), and interruptions, delays or errors can occur. We may modify or discontinue features with reasonable notice.

9. 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.

10. 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 message content, or your violation of any law or of any third party's rights (including your customers').

11. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you breach these Terms, misuse the Service, or create risk for us or other users. Sections 4, 5, 9, 10 and 12 survive termination.

12. 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.

13. 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.

14. Contact

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