Terms of Service Agreement

Effective Date: May 31, 2026  ·  5 Star Works, Inc., a Florida corporation  ·  Naples, Florida

PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT") CAREFULLY BEFORE USING THE WEBSITE LOCATED AT 5STARWORKS.COM (THE "SITE") OR REGISTERING AS A MEMBER. BY ACCESSING OR USING THE SITE, YOU ("USER," "MEMBER," OR "YOU") AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE SITE.

1. Parties and Acceptance

1.1 This Agreement is entered into between 5 Star Works, Inc., a Florida corporation ("Company," "we," "us," or "our"), and you, the individual or entity accessing or using the Site.

1.2 By accessing the Site, registering as a member, submitting affiliate links, or using any feature of the Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement and all policies incorporated herein by reference, including our Privacy Policy.

1.3 If you are using the Site on behalf of an entity, you represent and warrant that you have authority to bind that entity to this Agreement.

2. Description of Service

2.1 The Site is an invitation-only online community platform that provides educational content about artificial intelligence tools for small business owners, facilitates member networking, and operates an affiliate link routing system whereby member-submitted affiliate tracking URLs may be served to site visitors in connection with third-party tool recommendations (the "Service").

2.2 The Company does not charge membership fees, does not collect payments from visitors on behalf of members, and does not distribute affiliate commissions. All affiliate commissions, if any, are paid directly by third-party affiliate programs to individual members pursuant to those programs' independent agreements with members.

2.3 The Company reserves the right to modify, suspend, or discontinue any aspect of the Service at any time without notice or liability.

3. Membership and Eligibility

3.1 Membership is by invitation only. Access requires a valid referral link from an existing active member.

3.2 You must be at least 18 years of age to register as a member. By registering, you represent and warrant that you are 18 years of age or older.

3.3 You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

3.4 You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

3.5 The Company reserves the right to suspend or terminate any membership account at any time, with or without cause, and with or without notice, at its sole discretion.

4. Affiliate Links and Referral System

4.1 Affiliate Disclosure. In accordance with the Federal Trade Commission's guidelines concerning the use of endorsements and testimonials in advertising (16 C.F.R. Part 255), the Site discloses that tool recommendation links displayed on the Site may be affiliate tracking links. If a visitor clicks such a link and subsequently makes a qualifying purchase, the member whose affiliate link was served may receive a commission payment directly from the applicable third-party affiliate program. The Company does not receive, process, or distribute such commissions.

4.2 Member Affiliate Link Submissions. Members may submit affiliate tracking URLs for display through the Site's routing system. By submitting an affiliate link, the member represents, warrants, and covenants that:

1. The submitted URL is a legitimate affiliate tracking link issued to the member by an authorized affiliate program;
2. The member has entered into a valid affiliate agreement with the applicable program and is in compliance with that program's terms of service;
3. The submitted URL does not redirect to content that is illegal, obscene, defamatory, fraudulent, harmful, or otherwise objectionable;
4. The submission does not constitute an attempt to defraud, manipulate, or circumvent the Company's routing system or any third-party affiliate program;
5. The member holds all rights necessary to submit and use the affiliate link in connection with the Service.

4.3 Validation. The Company employs technical validation measures to verify submitted affiliate links, including domain whitelist verification and HTTP response verification. Links that fail validation will not be saved or served. The Company reserves the right to reject, remove, or disable any submitted link at its sole discretion without notice.

4.4 Referral Chain and Pass-Up System. The Site operates a multi-level referral attribution system. When a visitor accesses the Site via a member's referral link, that member's affiliate links may be served to the visitor for tool recommendations. The system incorporates a pass-up mechanism whereby a portion of attributed clicks may be redirected to qualifying upline members based on their activity level within the platform, as determined by the Company's algorithms. The Company reserves the right to modify the pass-up structure, qualification criteria, and attribution logic at any time without notice.

4.5 No Guarantee of Attribution. The Company makes no representation or warranty that any particular click will be attributed to any particular member, that affiliate links will be served in any particular order or frequency, or that any member will receive any minimum number of attributed clicks.

4.6 Referral Cookies. The Site uses browser cookies to track referral attribution. Referral cookies have a duration of one (1) year from the date of placement and may be overwritten by a subsequent referral link click. The Company is not responsible for cookie deletion, browser settings that prevent cookie placement, or any resulting loss of referral attribution.

5. No Income Representation

5.1 The Company makes no representation, warranty, or guarantee that participation in the referral system or submission of affiliate links will result in any earnings, commissions, income, or financial benefit of any kind.

5.2 Any earnings a member may receive are entirely dependent upon third-party affiliate programs' payment terms, visitor behavior, and market conditions beyond the Company's control.

5.3 Nothing in this Agreement or on the Site constitutes an offer of employment, partnership, joint venture, franchise, or investment opportunity.

5.4 The referral and pass-up system described herein does not require any purchase or payment to participate and does not constitute a pyramid scheme, multi-level marketing arrangement, or other regulated financial instrument under applicable federal or state law.

6. Prohibited Conduct

6.1 You agree not to:

1. Submit affiliate links that redirect to illegal, obscene, pornographic, defamatory, fraudulent, or harmful content;
2. Submit affiliate links that do not belong to you or that violate the terms of the applicable affiliate program;
3. Attempt to manipulate, game, or defraud the referral attribution or pass-up system;
4. Create multiple accounts or use fraudulent referral codes;
5. Use automated tools, bots, or scripts to generate artificial clicks or referrals;
6. Engage in any conduct that violates applicable federal, state, or local law;
7. Harass, threaten, or harm other members or site visitors;
8. Interfere with or disrupt the Site's technical infrastructure.

6.2 Violation of any provision of this Section 6 may result in immediate account suspension or termination, reporting to law enforcement authorities, and/or civil legal action.

7. Intellectual Property

7.1 The Site and its content, including but not limited to text, graphics, logos, and software, are owned by the Company and protected by applicable intellectual property laws.

7.2 Members retain ownership of affiliate links they submit but grant the Company a non-exclusive, royalty-free, worldwide license to use, display, and route such links in connection with the Service for the duration of the member's active membership.

8. Privacy and Data

8.1 The Company collects and processes personal data as described in its Privacy Policy, which is incorporated into this Agreement by reference.

8.2 The Company does not sell personal data to third parties.

8.3 By registering, you consent to the collection and use of your data as described in the Privacy Policy.

9. Disclaimers and Limitation of Liability

9.1 THE SITE AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 THE COMPANY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9.3 IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.4 THE COMPANY'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

9.5 The Company is not responsible for the actions, terms, payment practices, or content of any third-party affiliate program.

10. Indemnification

10.1 You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site; (b) your violation of this Agreement; (c) your submission of affiliate links; (d) your violation of any third-party affiliate program's terms of service; or (e) your violation of any applicable law or regulation.

11. Termination

11.1 Either party may terminate this Agreement at any time. You may terminate by ceasing to use the Site and requesting account deletion. The Company may terminate by suspending or deleting your account.

11.2 Upon termination, your referral link will be deactivated, your affiliate links will be removed from the routing system, and any pending referral attributions may be reassigned at the Company's discretion.

11.3 Sections 5, 6, 7, 9, 10, and 12 survive termination of this Agreement.

12. Governing Law and Dispute Resolution

12.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

12.2 Any dispute arising out of or related to this Agreement shall be resolved exclusively in the state or federal courts located in Charlotte County, Florida, and you consent to the personal jurisdiction of such courts.

12.3 EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT.

13. Miscellaneous

13.1 Entire Agreement. This Agreement, together with the Privacy Policy, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings.

13.2 Modifications. The Company reserves the right to modify this Agreement at any time. Modifications will be effective upon posting to the Site. Continued use of the Site following posted modifications constitutes acceptance of the modified Agreement.

13.3 Severability. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.

13.4 Waiver. The Company's failure to enforce any provision of this Agreement shall not constitute a waiver of that provision.

13.5 Assignment. You may not assign your rights or obligations under this Agreement without the Company's prior written consent. The Company may assign this Agreement freely.

13.6 Contact. For questions regarding this Agreement, contact 5 Star Works, Inc. at steve@5starworks.com or Naples, Florida.