Terms of Service for FivePointFive, Inc.
1. Introduction
Welcome, and thank you for your interest in FivePointFive, Inc. ("FivePointFive," "we," "us"), and our breathwork app, which offers on-demand digital breathwork classes through our mobile applications, and other related services (collectively, the "Service"). By using the Service, you agree to these Terms of Service ("Terms"), which include our Privacy Policy. These Terms are a legally binding contract between you and FivePointFive regarding your use of the Service.
2. Arbitration Notice
By agreeing to these Terms, you agree to resolve disputes with FivePointFive through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the arbitration section below.
3. Eligibility
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service are in compliance with any and all applicable laws and regulations.
4. Accounts and Registration
To access most features of the Service, you must register for an account. When you register, you agree to provide accurate, current, and complete information and to maintain and update such information as necessary. You are responsible for maintaining the confidentiality of your account and password.
5. Service Overview
FivePointFive offers a platform for users to engage in breathwork exercises facilitated by coaches. Our Service integrates with health data from devices like Apple Health, Apple Watch, Whoop, and Oura Ring to measure and show the positive impact of breathwork on heart rate variability (HRV), heart rate (HR), and resting heart rate (RHR), amongst other metrics.
6. Disclaimer
The Service is not a medical organization and our content is not medical advice. You should consult a healthcare professional before starting any new exercise regimen, including our breathwork classes. We are not responsible for any health problems that may result from your use of the Service. Participation in any breathwork class is at your own risk.
7. General Payment Terms
The Service is currently in beta. We plan to introduce subscription services and payment terms upon exiting the beta phase.
8. Invite a Friend
Upon introduction of our subscription service, you may have the option to invite friends to join the Service. Specific terms and conditions for inviting friends will be provided at that time.
9. Feedback
We welcome your feedback and suggestions for improving the Service. By submitting feedback, you grant us the right to use your feedback without any obligation to compensate you. By submitting feedback, you grant us a worldwide, perpetual, irrevocable license to use and incorporate your feedback into the Service.
10. Licenses
FivePointFive grants you a personal, non-commercial, revocable, non-exclusive, non-transferable license to use the Service in accordance with these Terms.
11. Ownership and Intellectual Property
All rights, title, and interest in and to the Service, including all intellectual property rights, are and will remain the exclusive property of FivePointFive and its licensors.
12. Third-Party Services
Our Service integrates with third-party services, including health and fitness trackers. Your use of these third-party services is subject to their respective terms and policies.
13. Prohibited Conduct
You agree not to engage in any of the prohibited activities listed in this section, including but not limited to using the Service for any illegal purpose, or to harass or harm another person.
14. Modification of Terms
We reserve the right to update or modify these Terms at any time. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service.
15. Term and Termination
These Terms will remain in full force and effect while you use the Service. We may suspend or terminate your access to the Service at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your account.
16. Indemnification
You agree to defend, indemnify, and hold harmless FivePointFive and its officers, directors, employees, coaches, and agents from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from your use of and access to the Service.
17. Ownership; Proprietary Rights
The Service and all materials therein or transferred thereby, including, but not limited to, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, and all Intellectual
Property Rights related thereto, are the exclusive property of FivePointFive, Inc. Except as explicitly provided herein, no license or right is granted to you by implication or otherwise under any intellectual property rights owned or controlled by FivePointFive, Inc. or its licensors. You may not use, copy, modify, distribute, sell, or lease any part of the Service or included content, nor may you reverse engineer or attempt to extract the source code of the software, unless laws prohibit those restrictions or you have written permission from FivePointFive, Inc. All third-party trademarks, service marks, logos, and patents appearing on the Service are the property of their respective owners and your use of the Service does not grant you any rights or licenses to use them.
18. Notice Regarding Apple
This section only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and FivePointFive, Inc. only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Service or its content. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the mobile application to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe that third party's intellectual property rights.
You agree to comply with any applicable third-party terms when using the Service. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
19.Data Sharing
FivePointFive, Inc. respects your privacy and is committed to protecting your personal data. We do not share any personal data or health data derived from Apple Health, Whoop, Oura Ring, or any other third-party devices with external parties. All data collected through the Service is used solely for the purpose of providing and improving the Service, demonstrating the positive impacts of breathwork on health metrics, and as described in our Privacy Policy.
20.Revocation of Data Access
Your privacy and control over your personal and health-related data are of utmost importance to us. You have the ability to control the integration of health data within the FivePointFive app. Consent for data integration with Apple Health, Whoop, Oura Ring, and other health data sources can be easily turned on or off at any time through the "Settings" under "Health Data" within the app. Adjusting these settings will affect the data we collect and may impact your experience and the personalization of the Service.
21.Privacy Concerns
If you have any questions or concerns regarding your privacy, the handling of your personal data, or wish to exercise any of your privacy rights, please do not hesitate to contact us at support@fivepointfive.com. Our dedicated team is here to address your inquiries and provide assistance regarding your privacy and data protection needs.
22.Data Use and Privacy
How We Use Your Data: FivePointFive, Inc. integrates with Apple Health and third-party devices, such as Whoop and Oura Ring, to collect specific health-related data. This data includes Heart Rate Variability (HRV), Heart Rate (HR), Resting Heart Rate (RHR), Respiratory Rate (RR), Respiratory Efficiency (RE), Blood Oxygen Levels, Steps, Walking + Running Distance, Weight, Height, and Active Energy. The primary purpose of collecting this data is to demonstrate the positive impact of breathwork on your well-being.
23.Data Collection Consent
By using FivePointFive, you grant us permission to access and use your health data for the aforementioned purposes. You can manage and revoke this consent at any time through the settings under 'Health Data' within the app.
24.Data Privacy and Security
We are committed to protecting your privacy and securing your data. The information collected through Apple Health and third-party devices is not shared with any external parties. We employ industry-standard measures to protect the data from unauthorized access, disclosure, alteration, and destruction.
25.Disclaimer on Health Data Accuracy
Accuracy of Data: FivePointFive, Inc. relies on data provided by Apple Health and third-party devices like Whoop and Oura Ring to enhance your experience and demonstrate the benefits of breathwork. While we strive to use accurate and up-to-date information, we do not guarantee the accuracy, reliability, or completeness of the data provided by these devices. The data collected and displayed by our Service is intended for general wellness purposes only and should not be considered medical advice or a substitute for professional healthcare.
User Responsibility: You acknowledge that discrepancies in data accuracy or the interpretation of such data may occur. It is your responsibility to review and confirm the accuracy of your health data from your devices. Relying solely on the health data presented by the Service for medical decisions or diagnoses is not advised. Always consult a healthcare professional for medical advice and health-related decisions.
Contact for Privacy Concerns: If you have any questions or concerns about how we handle your health data or wish to exercise any of your privacy rights, please contact us at support@fivepointfive.com. We are dedicated to addressing your concerns and ensuring your privacy is respected.
26.Miscellaneous
Contact Information: If you have any questions about these Terms, please contact us at support@fivepointfive.com.