Terms of service (public offer)

1. Parties and general terms

The Provider is Individual entrepreneur Zolotarev Mikhail Igorevich (INN 773319471109, OGRNIP 319774600026268). The Customer is a business or individual who accepts these terms. The service is available at get5stars.ru and in the account area at app.get5stars.ru.

Acceptance of the offer is the payment for the service or the start of its use (including during the free trial). From that moment the agreement is concluded on the terms of this offer.

2. Subject of the agreement

The Provider grants the Customer subscription access to the get5stars cloud service — software (SaaS) that helps local businesses collect and monitor honest reviews. The service has two features, used separately or together:

• Review tracking — automatic Telegram alerts for every new review on maps (Yandex Maps, 2GIS and other supported platforms) for the Customer’s connected locations.
• Prize Wheel — a QR mechanic: a guest leaves a review and receives a guaranteed prize from the Customer; staff have a prize-redemption console. The prize is given for the fact of a review at any rating, so reviews come from real guests after a real visit. The mechanic is structured as a promotional event with a guaranteed prize (art. 1055 of the Civil Code) and is not a lottery.

The service is intangible (a digital service, software access); no physical goods are shipped. Country of origin of the service — Russia. The service is provided remotely over the Internet.

2.1. Allocation of roles

The Provider supplies software. The promotional events are run by the Customer — by their own means, in their own name and at their own expense. The parties expressly agree the following allocation of roles:

• The Customer is the organiser of the promotional event (the «promo») within the meaning of art. 9 of 38-FZ «On Advertising»: they define the prize pool, the dates and the redemption procedure, hand the prizes to guests, and are responsible for compliance with the requirements for running the promo. The Provider is not the organiser and does not supply the prizes.
• The Customer is the controller (operator) of guests’ personal data within the meaning of art. 3 of 152-FZ: they determine the purposes and the scope of guest data processed and obtain the guests’ consent. The Provider processes guests’ personal data solely on the Customer’s instruction (part 3 art. 6 of 152-FZ), on the terms of section 8 of this offer.
• For the personal data of the Customer and their staff (account, payment and contact data) the Provider is the controller.
• The obligation to notify Roskomnadzor of the processing of guests’ personal data (art. 22 of 152-FZ) rests with the Customer as the controller.

The service shows the guest the Customer’s legal name and INN as the promo organiser and the controller of their personal data. The Customer undertakes to provide accurate organiser details and keep them up to date.

3. Access, timing and regions

Access to a paid feature is granted automatically right after the bank confirms payment — usually within a few minutes, with no wait and no physical delivery. The service runs continuously, except during scheduled maintenance and circumstances beyond the Provider’s control. No service level agreement (SLA) is concluded between the parties.

The service is provided remotely and is available in the Russian Federation and other countries — anywhere with Internet access. There are no regional restrictions on providing the service.

4. Price and payment

Prices are set by the tariffs published on the site: Review tracking from ₽290/mo per card, Prize Wheel from ₽490/mo per location. Current tariffs and term discounts are on the Pricing page. Prices are in Russian rubles.

Payment is made online by Visa, Mastercard, MIR cards, or via T-Pay. Payments are processed by JSC «TBank» internet acquiring (tbank.ru). Card details are entered on the bank’s secure payment page; the Provider does not receive or store them.

The service is billed by subscription with automatic renewal. The Customer gives consent to automatic recurring charges by a separate act — by ticking a dedicated checkbox in the account area before a card is saved. The box is not pre-ticked; the exact charge amount and its frequency (1, 3, 6 or 12 months, depending on the tariff) are shown next to it. Charges repeat at that frequency until the Customer cancels the subscription. The Provider records the date and the edition of this offer in force at the moment the box was ticked.

The first 14 days of each feature are free (trial); no card is required for the trial.

The Provider uses the simplified tax system; VAT is not charged to the Customer. A fiscal receipt (54-FZ) is issued for each payment and sent to the Customer’s email.

5. Cancellation and refunds

The Customer may cancel the subscription at any time in the account area with one click. After cancellation the next automatic charge is not made, and access remains until the end of the already-paid period, after which the feature switches to the free plan.

As the service is access to a working product provided continuously, payment for an already-used period is non-refundable. A refund for a paid but not-yet-used period is available on request to support. An approved refund is issued to the same card, within up to 10 business days.

For cancellation, a refund, or any billing question, email support@get5stars.ru, message Telegram @get5stars_bot, or call +7 930 600-36-30.

6. Rights and obligations

The Provider will grant access to paid features, keep the service operational and handle support requests. The Customer will use the service in line with the law and the review platforms’ rules, provide accurate data, and not use the service for review fraud, fake reviews or other bad-faith actions.

The Prize Wheel mechanic is run as a promotional campaign under advertising law. A prize is given for the fact of an honest review with any rating; rewarding only positive reviews is not allowed. Whether a specific review is published is decided by the platform’s moderation.

7. Personal data and security

Personal data is processed under Russian data-protection law (152-FZ) and the Privacy Policy. Data exchange between the user’s device and the service is encrypted (HTTPS/TLS). Card data is handled by the acquiring bank (JSC «TBank», PCI DSS) and is not passed to the Provider.

8. Instruction to process guests’ personal data

This section is the Customer’s (the controller’s) instruction to the Provider to process guests’ personal data under part 3 art. 6 of 152-FZ. It takes effect when the offer is accepted and lasts until the agreement ends. Consent from data subjects is obtained by the Customer; the Provider does not obtain such consent (part 4 art. 6 of 152-FZ).

Personal data processed under the instruction: the guest’s phone number, the guest’s name (if given), the rating and text of the review left by the guest, details of the prize issued, the date and time of participation, technical information about the device (visitor identifier, IP address), and the date and time consent was given.

Operations performed: collection, recording, systematisation, accumulation, storage, updating (amendment, alteration), retrieval, use, blocking, deletion and destruction; processing is carried out by automated means.

Purposes: to operate the Customer’s promotional mechanic (recording participation, issuing and accounting for prizes) and to give the Customer access to the data left by guests in the account area and its export. The Provider does not process this data for its own purposes under this instruction.

• The Provider undertakes to keep personal data processed under the instruction confidential and not to disclose it to third parties without the Customer’s consent, except where required by law.
• The Provider undertakes to comply with part 5 art. 18 and art. 18.1 of 152-FZ, to ensure the security of personal data during processing, and to meet the protection requirements of art. 19 of 152-FZ.
• The Provider undertakes, at the Customer’s request, to provide documents and other information confirming the measures taken under art. 18.1 and art. 19 of 152-FZ.
• The Provider undertakes to notify the Customer of the events set out in part 3.1 art. 21 of 152-FZ (including unlawful transfer of personal data and incidents causing it) no later than 24 hours after they are identified.
• On termination of the agreement the Provider ceases processing and deletes the personal data processed under the instruction no later than 30 calendar days, unless another period is set by law or by the Customer’s direction.

The Customer, as the controller, is liable to the guest as a data subject; the Provider is liable to the Customer (part 5 art. 6 of 152-FZ).

9. Liability and limitations

The Provider does not guarantee a specific moderation outcome on review platforms, a number of new reviews, or a change in rating — those depend on the platforms and on the Customer’s guests. The Provider is not the organiser of the Customer’s promos and is not responsible for the prize pool, the issuing of prizes, or the Customer’s performance of their duties as organiser and as data controller.

The Provider’s liability is limited to the fees actually paid by the Customer for the last 3 (three) months preceding the circumstance giving rise to the claim. The Provider does not compensate lost profit.

The limitation of liability in this section does not apply to intentional breach of an obligation by the Provider (para. 4 art. 401 of the Civil Code).

There are no export restrictions: the service is a digital service and does not involve the export of goods.

10. Indemnity

If the Customer is an individual entrepreneur or a commercial organisation, the parties agree under art. 406.1 of the Civil Code that the Customer shall indemnify the Provider for property losses arising on any of the following circumstances:

• a guest or any other third party brings a claim against the Provider relating to the running of the Customer’s promo, its terms, the prize pool, or a refusal to issue a prize;
• a data subject brings a claim against the Provider, or a competent authority holds the Provider liable, in connection with the absence, invalidity or defect of the guest’s consent obtained by the Customer, or with inaccurate organiser details supplied by the Customer;
• a claim is brought against the Provider in connection with the Customer’s use of the service in breach of the law or of review-platform rules, including to publish fake reviews.

Indemnifiable losses are documented amounts actually paid by the Provider to a third party or to the state budget (including fines and awarded sums), plus reasonable legal costs; the total indemnity under this section is capped at RUB 500,000 per circumstance. Indemnification is made irrespective of any breach of obligation by the Customer and irrespective of causation (para. 15 of Resolution No. 7 of the Plenum of the Supreme Court, 24.03.2016).

This section does not apply to the extent that the losses were caused by the Provider’s intentional breach, or by processing of personal data carried out by the Provider otherwise than in accordance with the Customer’s instruction.

11. Provider details

Legal name

Individual entrepreneur Zolotarev Mikhail Igorevich

INN (tax id)

773319471109

OGRNIP (reg. no.)

319774600026268

Address

Moscow, Abramtsevskaya st., 12, Russia

Bank

JSC «TBank»

Account

40802810000006057610

BIC

044525974

Corr. account

30101810145250000974

Email

support@get5stars.ru

Phone

+7 930 600-36-30

Telegram

@get5stars_bot