These terms are the agreement between you and us. They cover what you are buying, what we owe you, and what you are responsible for. Our Privacy Policy covers what happens to information, and is part of this agreement.
My Morning Five is operated by Cactus Living Home LLC, an Arizona limited liability company, 1106 W Lynwood St, Phoenix, AZ 85007.
By creating an account or subscribing, you accept these terms. If you do not accept them, please do not use the app.
You must be at least 18 and able to enter a contract. My Morning Five is built for real estate professionals, but nothing stops anyone else from using it for the same purpose.
If you are using it on behalf of a brokerage or team, you confirm you are authorized to accept these terms for that organization.
A subscription to My Morning Five, giving you access to the app and the features described on our website at the time you subscribe.
Pricing. $34 per month or $349 per year, plus tax where applicable. The price you pay at signup is the price you keep for as long as your subscription runs without interruption. If we change pricing, we will tell you at least 30 days before it affects a renewal, and you can cancel before then.
Card credits. Physical cards are purchased separately from your subscription. Credits do not expire while your account is open. Unused credits are not refundable in cash and are lost if you delete your account.
Features change. We add and improve things, and occasionally remove something that is not working. If we remove a feature you are actively relying on, we will tell you in the app first.
Your subscription renews automatically. A monthly plan renews every month. An annual plan renews every year. Each renewal charges the payment method on file at the then-current price for your plan.
You can cancel at any time, from your account settings or by emailing support@mymorningfive.com. Cancellation stops the next charge. It does not refund the period you are already in, and your access continues to the end of that period.
Cancelling is not the same as deleting. Your account and your synced data remain until you delete the account. See the Privacy Policy.
If a payment fails, we will retry and let you know. If it keeps failing, your subscription may be suspended. Your data is not deleted for non-payment, and your export remains available.
If My Morning Five is not right for you, tell us within 30 days of your first payment and we will refund it in full. Monthly or annual, the same. You do not have to explain why.
How. Email support@mymorningfive.com from the address on your account. We will confirm within 48 hours business days and refund to your original payment method. Depending on your bank it typically appears within 5 to 10 business days.
What it covers. Your first payment only, and only if you ask within 30 days of it being taken.
What it does not cover. Renewals. Card credits already used to mail cards. Requests made after the 30-day window, where the normal cancellation terms in section 3 apply instead.
No app store in the middle. Every subscription is purchased on our website and processed by Stripe, so every refund is handled by us directly.
You are responsible for what happens under your account. We sign you in with one-time codes sent to your email, so keep access to that email secure and tell us promptly if you think someone else has it.
One account is for one person. Do not share credentials across a team; each agent needs their own.
This is the most important obligation in this agreement, and it is specific to what this app does.
You are entering information about other people who did not sign up for this service. You are responsible for that information. Specifically, you agree that:
You have a lawful basis for keeping the notes you keep, under whatever law applies to you.
You will not enter information you were told in confidence, or sensitive categories of information such as health conditions, financial circumstances, immigration status, or anything similar.
You will honor a request from someone in your sphere to correct or remove their information. The app lets you delete any person, note, or date at any time.
You will comply with laws that apply to your outreach, including telephone consumer protection, anti-spam, and do-not-call rules. We do not send messages for you. You do. Whether a call, text, or email is lawful is your responsibility.
You agree to indemnify us for claims arising from information you entered or outreach you sent, to the extent it results from your failure to meet these obligations.
Use the app for anything unlawful, or to harass anyone.
Resell, sublicense, or provide the app as a service to others.
Reverse engineer, decompile, or attempt to extract our source code.
Scrape, bulk-export, or otherwise take data from the service beyond your own export.
Interfere with the service’s operation or security, or attempt to access another user’s account.
Use the service to build a competing product.
If you do these things, we may suspend or terminate your account, with notice where practical.
The app can draft messages for you. Those drafts are suggestions.
You are responsible for what you send. Read every draft before it goes out. AI can be wrong, can misread a note, and can produce something that reads oddly for the relationship. We do not guarantee that a draft is accurate, appropriate, or compliant with any law or professional obligation that applies to you.
You own what you send. We claim no rights over your notes, your drafts, or your messages.
Cards are printed and mailed by a third party. When you send one:
Nothing is charged or mailed until you have proofread it.
Once it is in the mail, it cannot be recalled.
Delivery timing depends on the postal service and is not guaranteed.
If a card is lost or damaged in transit, tell us and we will reprint and remail it at no charge to you.
By default your sphere lives on your device. If you have not turned on cloud sync, we do not hold a copy, and we cannot recover it for you. If you delete the app without exporting first, it is gone.
Export early and often. Settings includes an export that works whether or not you have an account, and whether or not your membership is current.
We do not guarantee against data loss. We take reasonable measures, described in our Privacy Policy, but no system is perfect. Your export is the backstop, and it is yours to run.
The app, the website, the name My Morning Five, and everything we have made are ours. Your subscription gives you a limited, personal, non-transferable right to use the app while your subscription is current. Nothing here transfers ownership of anything.
Your data, your notes, and anything you write remain yours.
We aim to keep the app working, but we do not promise uninterrupted or error-free service. We may need to take things down for maintenance, and things occasionally break. Because your sphere lives on your device, the core of the app keeps working when our servers do not.
The service is provided “as is.” To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
My Morning Five is not a compliance tool. It does not verify that your outreach complies with real estate regulations, telephone consumer protection laws, anti-spam laws, fair housing requirements, or your brokerage’s policies. Those remain yours to satisfy.
We do not provide legal, tax, or professional advice.
To the fullest extent the law allows:
We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost commissions, lost business opportunities, lost relationships, or lost data, even if we were told such damages were possible.
Our total liability for any claim arising out of or relating to this agreement is limited to the amount you paid us in the 12 months before the claim arose.
Some jurisdictions do not allow these exclusions, in which case they apply to the extent permitted.
You can stop at any time by cancelling your subscription and, if you wish, deleting your account.
We can suspend or terminate your account if you materially breach these terms, if we are required to by law, or if we discontinue the service. If we discontinue the service, we will give you at least 30 days’ notice and refund any prepaid period you have not used.
Sections 6, 8, 11, 13, 14, and 16 survive termination.
Governing law. Arizona law governs this agreement, without regard to conflict-of-law rules.
Where. Any dispute will be brought in the state or federal courts located in Maricopa County, Arizona, and you and we both consent to that jurisdiction.
Arbitration and class action waiver.
You and we agree that any dispute arising out of or relating to these terms or the service will be resolved by binding individual arbitration rather than in court, except as set out below. Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, in Maricopa County, Arizona, or by telephone or video if you prefer.
Class action waiver. You and we each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative action.
Small claims. Either of us may bring an individual claim in small claims court instead, if it qualifies.
Costs. We will pay all arbitration filing and administrative fees for claims under $10,000, unless the arbitrator finds the claim frivolous. Each side otherwise bears its own attorney fees unless the law provides otherwise.
You can opt out of arbitration. If you do not want this section to apply, email support@mymorningfive.com within 30 days of first accepting these terms, saying you opt out of arbitration and including the email address on your account. Opting out costs you nothing, changes nothing else in this agreement, and will not affect your subscription in any way.
If the class action waiver is found unenforceable, this entire arbitration section does not apply and disputes proceed in the courts named above. This section survives termination of your account.
First, talk to us. Before filing anything, email support@mymorningfive.com and give us 30 days to sort it out. Most things can be.
Changes to these terms. We may update them. For material changes, we will tell you at least 30 days beforehand, in the app or by email, and the change applies from your next renewal. Continuing to use the service after that means you accept the new terms.
Assignment. You may not assign this agreement. We may assign it to a successor if the business is sold or merges.
Severability. If a provision is unenforceable, the rest stands.
Entire agreement. These terms and the Privacy Policy are the whole agreement between us about the service.
No waiver. If we do not enforce something immediately, we have not given up the right to enforce it later.
Cactus Living Home LLC
dba My Morning Five
1106 W Lynwood St
Phoenix, AZ 85007
support@mymorningfive.com