Terms of Service for FivePointFive, Inc.
1. Introduction
Welcome, and thank you for your interest in FivePointFive’s breathwork app, which offers on-demand digital breathwork classes through our mobile applications, websites, and other related services (collectively, the "Service"). By using the Service, you agree to these Terms of Service ("Terms"). These Terms are a legally binding contract between you and FivePointFive regarding your use of the Service.
The Service is provided by:
FivePointFive Movement Limited
16 Great Queen Street
Covent Garden
London WC2B 5AH
United Kingdom
support@fivepointfive.com
Registered in England with company number: 14397846
VAT registration number: GB427459865
2. 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), among other metrics.
3. Data Use and Privacy
All personal information collected through the Service, which may also include health-related data, will be processed in accordance with our Privacy Policy here.
4. Eligibility
You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 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 all applicable laws and regulations.
If you are concerned that someone under 13 (or under the legal age for consenting to use of personal data in your country) may be using the Service, please contact us as above.
5. Accounts and Registration
To access most features of the Service, you must register for an account. When you register, you must provide accurate, current, and complete information, and maintain and update such information as necessary. You are responsible for maintaining the confidentiality of your account and password and for any use of your account using these credentials (unless you notify us of a breach).
6. Payment Terms
In order to access the principal features of the Service, you can purchase a subscription through the applicable appstore or, where available, through our website.
We may from time to time change subscription models, durations, and/or fees. If you are a current subscriber then we will seek to inform you by e-mail before any change. If you do not accept the change, you will be permitted to unsubscribe. The available payment methods may vary by type of device and may also change over time.
Periodic subscriptions are payable in advance by recurring debit from your chosen method of payment. The first payment will be taken when subscribing (or at the end of any free trial period) and then subsequent payments will be taken immediately prior to each renewal period until cancellation or termination of your subscription.
If we are unable to collect payment on time or at all, then at our option we may seek payment by other means and your subscription may be suspended or terminated.
Except as set out in the next Section, all payments are non-refundable.
7. Duration, Termination, Right of Withdrawal
These Terms will remain in full force and effect while you use the Service.
You may terminate your subscription through your account on the Service at any time up to twenty-four (24) hours before the end of the current billing period (or if applicable of any free trial period). The termination will be effective at the end of that billing period.
We may at any time suspend or terminate your use of the Service if you breach any of these Terms, including in particular if you fail to pay your agreed-upon subscription, copy or download content from the Service when not authorised, engage in prohibited conduct, or breach our intellectual property rights.
In the UK and EU, you have a right under applicable consumer laws during fourteen (14) calendar days from the subscription start date to cancel a subscription purchased online, as long as provision of the Service has not started. If delivery of the Service has started at your request, then you will be charged for the period until we receive your cancellation request. Cancellation must be requested via the applicable appstore or, if purchased directly from us, through your account. The prepaid amount of your order will be refunded using the same method of payment as your order.
8. Prohibited Conduct
You must not do anything that risks breaching the integrity, security, or proper operation of the Service. This includes sending or uploading any harmful code, malware, spam, or viruses, interfering with our servers, vulnerability testing, mining information about or impersonating other users, overburdening the Service, scraping crawling, or using an alternative interface to access the Service, or copying significant portions of the Service.
We may permit you to add comments, messages, questions, photos, or other content to the Service. You represent and warrant that you have created or own any such materials. You hereby grant us a fully-paid up, royalty free, perpetual, irrevocable, worldwide, non-exclusive, transferable, sublicensable licence to use, reproduce, copy, adapt, modify, distribute, communicate to the public, and adapt and create derivative works from them.
You must not upload to any part of the Service anything that:
(a) includes threats, defamation, obscenity, or harassment;
(b) promotes, facilitates or incites illegal activity;
(c) is sexually explicit;
(d) promotes violence or self-harm;
(e) is discriminatory based on race, gender, religious belief, sexual orientation, disability or any other protected characteristic;
(f) exploits or is harmful to minors;
(g) causes damage or injury to any person or property (including viruses or malware);
(h) contains spam or unsolicited commercial offers;
(i) breaches any third party’s rights (such as copyrights, publicity rights, or privacy rights); and/or
(j) is otherwise in any way illegal, objectionable, or contrary to our policies.
We are not obliged to monitor such materials but we reserve the right to may take down and delete any materials that infringe these Terms or our other policies communicated to you. FivePointFive otherwise excludes all liability for any content within the Service that was not produced by FivePointFive.
9. Ownership and Intellectual Property Rights
The Service and all materials within or accessible through it, and all intellectual property rights related thereto, are the exclusive property of FivePointFive.
Subject to compliance with these Terms, and based on the subscriptions purchased, FivePointFive grants you a revocable, non-exclusive, non-transferable license to use the Service in accordance with these Terms for your personal use only and not for resale or any commercial purpose. If you are a teacher or other professional and wish to use the Service for clients or participants in a class, then each user will need their own account and subscription.
Except for the limited rights of use expressly provided for in these Terms, no license or right is granted to you by implication or otherwise over any intellectual property rights owned or controlled by FivePointFive or its licensors.
You must not (yourself or by assisting or encouraging any third party) use, copy, modify, distribute, communicate to the public, sell, or lease any part of the Service or its contents, create any derivative works from it, or decompile, reverse engineer or attempt to extract the source code of the Service, save to the extent permitted under applicable laws or with our written permission. All third-party content, trademarks, service marks, logos, and patented material 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.
As an exception to the above, you are permitted to download, reproduce and distribute a limited extract of content from the Service solely for the purpose of sharing or commenting on the Service on your social networks or personal internet pages, provided that this is not accompanied by any other content that you know to be false, inaccurate, or misleading or that is or that is prohibited content as set out in these Terms.
You may link to our homepage provided that you do so in a manner that is fair and lawful, and does not compete with us or damage our reputation, and without suggesting any form of association, approval, or endorsement by us that does not exist.
10. Feedback
We welcome your feedback and suggestions for improving the Service. By submitting feedback, you assign to us all rights of ownership and intellectual property rights in your feedback, without any obligation to compensate you, which we may freely integrate into the Service at our discretion.
11. Service Availability
We are committed to providing the best possible service, but we cannot promise that the Service will always be available and will meet your needs or expectations.
Service interruptions may occur due to faults, external events, or planned maintenance. We will try to restore the Service as soon as reasonably possible. We will not be liable to you for any interruptions.
12. Warranties and Liability
Under some laws such as the UK Consumer Rights Act, or other laws applicable to you, you may have rights that override what is set out in this Section. Nothing in these Terms affects those statutory rights where they apply to you and cannot be changed by these Terms.
Nothing in these Terms shall limit the liability of any person for death or personal injury caused by their negligence, fraud including fraudulent misrepresentation, or any other matter than may not be limited or excluded under applicable law.
Otherwise, to the maximum extent permitted by applicable laws:
(a) the Service is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind with respect to the Service, either express or implied, and all such representations and warranties, including warranties of satisfactory quality, fitness for a particular purpose or non-infringement, are hereby excluded; and
(b) we exclude all liability whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent), indemnity, or otherwise, for any:
(i) economic losses (e.g. loss of revenues, profits, contracts, business or anticipated savings);
(ii) loss of goodwill or reputation;
(iii) damage to any device or digital content; or
(iv) indirect losses,
arising out of or in connection with these Terms or the Service, even if we have been advised of the possibility of such damages;
(c) we will not be liable for any delays, failures, loss or damage caused by any event or cause beyond our reasonable control; and
(d) our aggregate liability to you or any third party claiming through you for any cause whatsoever is limited to whichever is the greater of: (i) the total subscription amount you have paid, up to a maximum of twelve (12) months; or (ii) one hundred pounds (GBP 100).
13. Notice Regarding Health Data
We rely 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 advice.
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 health data from your devices. Health-related decisions or diagnoses should not be made relying solely on the health data presented by the Service. Always consult a qualified healthcare professional for medical advice and health-related decisions.
We are not a medical organisation, the Service is not a medical device, and our content is not medical advice. We do not make any warranties regarding the results you may expect from the Service, and are not responsible for any health issues that may result from your use of the Service. Participation in any breathwork class is at your own risk.
14. Marketing
We may send you occasional special offers, marketing communications, and communications related to your subscription. You may easily opt out or unsubscribe from these emails by following the instructions given when opening your account or in each email.
15. Third-Party Services
Our Service integrates with third-party services, including health and fitness trackers. We may also provide links to other sites or services. You acknowledge that access to these sites or services is at your sole discretion and risk and that these links are presented for your information only. Your use of these third-party services is subject to their respective terms and policies. Inclusion within the Service is not an endorsement any of these websites or services.
16. Additional Terms for Apple Device Users
The following terms apply to you only if you are using the Service from the Apple App Store:
(a) These Terms are between us and you only, and not with Apple. We, and not Apple, are solely responsible for the Service and the content thereof. To the extent that anything in these Terms conflicts with the Apple Media Services Terms and Conditions or the Volume Content Terms then those shall prevail over the provision in these Terms.
(b) Such license is limited to a non-transferable license to use the Service on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Service may be accessed and used by other accounts associated with the purchaser via Family Sharing, volume purchasing, or Legacy Contacts.
(c) We are solely responsible for providing any maintenance and support services with respect to the Service, as specified in these Terms, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
(d) In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for such Service to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
(e) We, and not Apple, are responsible for addressing any claims from you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
(f) In the event of any third party claim that the Service or your possession and use of the Service infringes a third party’s intellectual property rights, we, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
(g) You represent and warrant that you are not: (i) located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; or (ii) listed on any U.S. Government list of prohibited or restricted parties.
(h) You must comply with applicable third party terms (e.g. of a wifi provider) when using the Service.
(i) Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and 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.
17. Modification of Terms
We reserve the right to update or modify these Terms at any time, in particular to reflect changes in market conditions, our business, technological changes, changes in payment methods, changes in relevant laws, regulatory requirements, or the capabilities of our systems. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. You should check this page periodically to ensure that you agree with the current Terms of Service.
18. Miscellaneous
We may assign or transfer our rights and obligations under these Terms to any person at any time without limitation. You may not transfer your rights or obligations under these Terms to anyone else.
Subject to any supplementary or alternative terms agreed in writing, these Terms constitute the entire agreement between us and you regarding the Service. If any of these Terms is void or unenforceable, the remainder of these Terms shall remain in full force and effect. Any waiver of any provision or breach of these Terms will not waive such provision in other circumstances or any subsequent breach.
Your use of the Service and any dispute arising out of or in connection with the Service is subject to the laws of England and dispute resolution in the courts of England. This does not affect your statutory rights as a consumer to available protections under the laws of your home country.