FiveAM Development operates a website and several apps. The following terms and conditions govern all use of the FiveAM Development website and all content, services and products available at or through the website, (taken together, the Service). The Service is owned and operated by FiveAM Development.
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement.
If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any content, services and products. If these terms and conditions are considered an offer by the Service, acceptance is expressly limited to these terms.
2. Intellectual Property
This Agreement does not transfer from FiveAM Development to you any FiveAM Development or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with FiveAM Development. FiveAM Development, FiveAM Development website, FiveAM Development logo, and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of FiveAM Development.
Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties.
Your use of the Service grants you no right or license to reproduce or otherwise use any FiveAM Development or third-party trademarks.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (if any) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by the Service or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the software or Content available on the Service (other than Content that you may submit), in whole or in part.
FiveAM Development grant you a personal, non-transferable and non-exclusive right and license to access and use the Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service. You agree not to access the Service by any means other than through the interface that is provided by FiveAM Development for use in accessing the Service.
Any third party trademarks or service marks displayed on the App are the property of their respective owners.
FiveAM Development reserve all rights not expressly granted hereunder.
FiveAM Development are constantly updating content, services and products, and that means sometimes the Service have to change the legal terms under which it’s content, services and products are offered. If the Service make changes that are material, the Service will let you know by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect.
If you disagree with the changes, then you should stop using FiveAM Development products within the designated notice period.
Your continued use of the Service will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
4. Disclaimer of Warranties
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND CONTENT AVAILABLE IN THE SERVICE ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. FiveAM Development AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. FiveAM Development AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
YOU EXPRESSLY AGREE TO RELEASE FiveAM Development, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICE, (b) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICE, (c) ANY DELAY OR INABILITY TO USE THE SERVICE EXPERIENCED BY YOU, (d) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR CONTENT OBTAINED THROUGH THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF FiveAM Development HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5. General Representation and Warranty
You represent and warrant that:
- your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless FiveAM Development, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
Both parties undertake to keep confidential all confidential information they receive about the company of the other party. Both parties also impose this obligation on their employees. Information applies as confidential if designated by one of the parties.
8. Users Conduct
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the Service. You accept responsibility for all activities that occur under your account or from your computer. The Service endeavor to use reasonable security measures to protect against unauthorized access to your account. The Service cannot, however, guarantee absolute security of your account, your Content or the personal information you provide, and the Service cannot promise that the Service’s security measures will prevent third-party “hackers” from illegally accessing the Service or its contents. You accept all risks of unauthorized access to the User Data and any other information you provide to us.
You understand that all information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, available in connection with the Service are the sole responsibility of the person from whom such Content originated. The Service does not control or monitor the Content made available in the Service by others and do not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will the Service be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Service.
You agree to not use the Service to:
- (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- (b) harm minors in any way;
- (c) impersonate any person or entity, including, but not limited to, an FiveAM Development official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- (d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- (e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- (f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- (g) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- (h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; and/or
- (i) intentionally or unintentionally violate any applicable local, state, national or international law. You specifically agree not to access (or attempt to access) the Service or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the Service.
You acknowledge that the Service may or may not pre-screen or monitor Content, but that the Service and the Service designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any Content that is available via the Service. Without limiting the foregoing, the Service and the Service designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content available in connection with the Service, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that the Service may access, preserve and disclose your User Data, Payment Method information, and other Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
- (a) comply with legal process;
- (b) enforce the Terms;
- (c) respond to claims that any Content violates the rights of third parties;
- (d) respond to your requests for customer service; or
- (e) protect the rights, property or personal safety, its users and the public. Subject to the foregoing, the Service will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information.
The Service is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Service, use of the Service or access to the Service.
9. Subscription payments, renewals, and cancellation
If you choose to buy a FiveAM Development subscription, payment will be charged to your Apple ID account at the confirmation of purchase. The subscription automatically renews unless it is canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase.
All purchases are final. FiveAM Development cannot issue refunds for purchases charged to your Apple ID.
These Terms of Service were originally written in English. The Service may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
You could send your questions or comments through the contact page.
Last update: 2023-06-04