Terms of Service

Effective {{EFFECTIVE_DATE}} · Version 1.0

Important for US users: section 17 requires most disputes between you and us to be resolved by binding individual arbitration, and you give up the right to a jury trial and to take part in a class action. You can opt out of arbitration within 30 days of accepting these terms, as explained in section 17.

1. About these terms

These terms are an agreement between you and Ricardo Pedrotti Vespero Fernandes, an individual developer based in England ("we", "us", "our") for your use of the Five to Nine app and related services ("Five to Nine"). By creating an account or using Five to Nine, you agree to them. If you don't agree, please don't use Five to Nine.

Our Health & AI Disclaimer is part of these terms. Our Privacy Policy explains how we handle your personal data.

2. Who can use Five to Nine

You must be at least 18 years old and able to enter into a binding contract. Five to Nine is for your personal, non-commercial use. You must give accurate information when you create your account, and you may only have one account.

3. Your account

You can sign up with Sign in with Apple, Google, or your email address. Keep access to your sign-in method secure; you are responsible for activity on your account. Tell us promptly at support@five2nine.cc if you think someone else has accessed it.

4. Using Five to Nine

We give you a personal, non-exclusive, non-transferable, revocable licence to use Five to Nine on Apple devices you own or control, in line with these terms and Apple's Usage Rules. We, or our licensors, own Five to Nine and everything in it except your content, including the recipe, routine and exercise libraries we provide. You may use that content for your own personal use.

5. Fair and lawful use

You agree not to:

• break the law, or use Five to Nine to harm, harass or deceive anyone;
• upload content you don't have the right to use, or other people's personal information without their permission;
• copy, modify, reverse engineer or resell Five to Nine, except where the law allows;
• access Five to Nine by automated means (bots, scrapers, scripts), or send requests in a way designed to overload it or get around usage limits;
• try to get unauthorised access to our systems or other users' data, or interfere with security features;
• break the rules for AI Features in section 7.6;
• upload malware or anything else that could damage Five to Nine or other people's devices.

6. Your content

"Your content" is anything you add to Five to Nine: tasks, notes, plans, recipes, photos, pantry items, workouts and so on. You keep ownership of your content.

You give us permission to store, copy, process and transmit your content (including sending it to our service providers and AI providers described in the Privacy Policy) only as needed to provide Five to Nine to you. This permission ends when you delete the content or your account, except for copies in backups, which are overwritten within the period stated in the Privacy Policy.

If Five to Nine lets you share content with other people and you choose to do so, you also allow us to show that content to the people you share it with, for as long as you keep it shared.

You confirm you have the right to use the content you add, for example recipes or photos you import. We may remove content that breaks these terms or the law.

7. Use of Artificial Intelligence Technologies

7.1 Where we use AI

Five to Nine uses artificial intelligence ("AI") models to generate day plans, workout routines and recipe suggestions, to read recipes you import, and to read photos of receipts and groceries ("AI Features"). Whenever you use an AI Feature, you are interacting with an AI system, not a person. Content created by AI Features ("AI Output") is labelled as AI-generated in the app.

7.2 Who provides the AI

AI Features are powered by third-party AI providers, listed in our Privacy Policy. We may change the AI model or provider behind a feature at any time, for example to improve quality, speed or cost, but we will only use providers listed there. Changes can affect the style or quality of AI Output.

7.3 What you put in

The text, photos and choices you submit to an AI Feature ("AI Input") are your content (section 6). We send AI Input to our AI providers only to generate your result, never with your name, email address or account ID. You are responsible for your AI Input, and you confirm you have the right to submit it. Do not include:

• identity documents, payment card numbers, passwords or medical records;
• other people's personal information or images of other people;
• anything illegal, or that you don't have the right to share.

7.4 What you get out

• It can be wrong. AI Output is generated automatically and is not reviewed by a person. It can be inaccurate, incomplete, out of date or unsuitable for you, even when it sounds confident. Check it before you rely on it.
• It is not advice. AI Output is not medical, nutritional, fitness, financial, legal or other professional advice. Our Health & AI Disclaimer applies to all AI Output.
• It depends on your input. Incomplete or incorrect AI Input leads to poorer AI Output.
• It may not be unique. Other people may receive similar AI Output for similar requests.
• Using it. As between you and us, we don't claim ownership of AI Output generated for you, and you may use it for your own personal purposes. Because AI Output may resemble existing material, we can't promise it is free of other people's rights.
• Your decisions. AI Output is a suggestion. We don't use AI to make decisions about you that have legal or similarly significant effects.

7.5 Training

We don't use your content, AI Input or AI Output to train AI models, and our AI providers are not permitted to use them to train theirs.

7.6 Rules for AI Features

In addition to section 5, you agree not to:

• use AI Features to create content that is illegal, harmful, deceptive, or breaks our AI providers' usage policies;
• try to bypass the safeguards or instructions built into AI Features, for example by "jailbreaking" or prompt injection;
• try to extract, copy or reverse engineer the underlying models, prompts or system instructions;
• use AI Output to develop or train other AI models, or present AI Output as advice from a qualified professional.

7.7 Availability and limits

AI Features depend on third-party providers and may sometimes be slow or unavailable. To keep Five to Nine reliable and affordable, we may set limits on how often AI Features can be used (which may differ between free and paid plans), and we may change, suspend or remove AI Features.

8. Health and safety

Five to Nine is a planning tool, not a medical, nutritional or fitness service. Talk to a doctor before starting a new exercise or eating routine, stop exercising if you feel unwell, and check every ingredient if you have an allergy. The full Health & AI Disclaimer is part of these terms.

9. Subscriptions and purchases

Five to Nine is currently free. If we offer paid features, these terms apply to them:

• Purchases are made through Apple's App Store and charged to your Apple account. The price and billing period are shown before you buy.
• Subscriptions renew automatically at the end of each period unless you turn off auto-renew at least 24 hours before it ends, in your iPhone's Settings > Apple ID > Subscriptions.
• If a free trial is offered, it turns into a paid subscription when it ends unless you cancel at least 24 hours before.
• Deleting the app or your Five to Nine account does not cancel your subscription.
• Apple handles all payments and refunds under its own policies. Request a refund at reportaproblem.apple.com. If you live in the UK or EU, you may have a legal right to cancel within 14 days; Apple processes these requests.
• If we change a subscription price, Apple will notify you in advance, and the new price applies from your next renewal. If you don't agree, you can cancel before then.

10. Feedback

If you send us ideas or feedback, we may use them to improve Five to Nine without owing you anything. We are not obliged to use them.

11. Changes to Five to Nine

We are always improving Five to Nine, so features may change, be added or be removed. If a change significantly reduces a feature you have paid for, we will tell you in advance and you can cancel. We aim to keep Five to Nine available, but it may sometimes be unavailable for maintenance or reasons outside our control.

12. Ending this agreement

You can stop using Five to Nine and delete your account at any time in Settings > Delete account.

We may suspend or close your account if you seriously or repeatedly break these terms, if the law requires it, or to protect other users or our systems. Where reasonable, we will tell you why and give you a chance to fix the problem first. If we decide to stop offering Five to Nine altogether, we will give you at least 30 days' notice so you can export your data.

Sections 6 (to the extent needed for backups), 7.4, 10, 13, 14, 15, 16, 17 and 18 continue after this agreement ends.

13. What we promise, and what we don't

We provide Five to Nine with reasonable care and skill. Beyond that, and to the extent the law allows, Five to Nine is provided "as is": we don't promise it will always be available, error-free, or suitable for your particular needs, or that AI output will be accurate. Nothing in these terms affects your legal rights as a consumer, including your rights under the Consumer Rights Act 2015 if you live in the UK, or equivalent laws where you live.

14. Our liability to you

What we don't limit. Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law.

What we're not responsible for. Subject to the paragraph above, we are not responsible for:

• loss or damage that was not reasonably foreseeable when you started using Five to Nine;
• business losses, such as lost profits or business opportunities, because Five to Nine is for personal use only;
• loss or damage caused by your breach of these terms, or by events outside our reasonable control.

Limit. Subject to the first paragraph of this section, our total liability to you for all claims relating to Five to Nine is limited to the greater of £100 (or the equivalent in your local currency) and the amount you paid us in the 12 months before the claim arose.

Some places don't allow certain exclusions or limits, so some of the above may not apply to you.

15. Apple App Store terms

If you downloaded Five to Nine from Apple's App Store:

• These terms are between you and us, not Apple. We, not Apple, are solely responsible for Five to Nine and its content.
• Your licence is limited to using Five to Nine on Apple-branded devices you own or control, as allowed by the Usage Rules in the App Store Terms of Service.
• Apple has no obligation to provide maintenance or support for Five to Nine.
• If Five to Nine fails to meet any applicable warranty, you can notify Apple and Apple will refund any purchase price you paid for it. To the extent the law allows, Apple has no other warranty obligation for Five to Nine. Any other claims, losses or costs from a failure to meet a warranty are our responsibility, subject to these terms.
• We, not Apple, are responsible for addressing any claims by you or a third party relating to Five to Nine or your use of it, including product liability claims, claims that Five to Nine fails to meet legal or regulatory requirements, and consumer protection, privacy or similar claims.
• If a third party claims that Five to Nine or your use of it infringes their intellectual property rights, we, not Apple, are responsible for investigating, defending, settling and discharging that claim.
• You confirm that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties.
• You must comply with any third-party terms that apply when using Five to Nine, such as your mobile data provider's terms.
• Apple and its subsidiaries are third-party beneficiaries of these terms and, once you accept them, may enforce them against you.

16. Governing law

These terms, and any dispute about them or Five to Nine, are governed by the law of England and Wales, without regard to its conflict-of-law rules. If you are a consumer, you also keep the protection of any mandatory laws of the country or state where you live.

• If you live outside the United States, you can bring a claim in the courts of England and Wales or in the courts where you live. Section 17.2 onwards (arbitration) does not apply to you.
• If you live in the United States, disputes are resolved as described in section 17. The US Federal Arbitration Act governs the interpretation and enforcement of section 17.

17. Dispute resolution and binding arbitration

17.1 Talk to us first (everyone)

Most problems can be sorted out quickly. Before starting any formal proceedings, please email support@five2nine.cc with your name, the email address on your account, a description of the problem, and what you would like us to do. We will both try in good faith to resolve it for 60 days from when we receive your message. Any time limit for bringing a claim is paused during those 60 days.

17.2 Agreement to arbitrate (US users)

If you live in the United States and we can't resolve a dispute informally, you and we agree that any dispute, claim or controversy arising out of or relating to these terms or Five to Nine (a "Dispute") will be resolved by binding individual arbitration rather than in court, except as set out in section 17.3. The arbitrator decides questions about the scope and enforceability of this section 17, except that a court decides any question about the enforceability of section 17.4.

17.3 Exceptions

Either of us may instead (a) bring an individual claim in small claims court, as long as it stays there and is not a class action, or (b) ask a court to stop the infringement or misuse of intellectual property rights. Claims that the law does not allow to be arbitrated are also excluded.

17.4 Individual claims only

You and we each give up the right to a jury trial, and agree that Disputes will be brought only on an individual basis, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may award relief only to the individual party asking for it, and only to the extent needed to resolve that party's claim.

17.5 How arbitration works

• Arbitration is administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, available at adr.org/consumer. If 25 or more similar demands are filed against us by or with the help of the same or coordinated lawyers, the AAA's Mass Arbitration Supplementary Rules also apply.
• A single arbitrator decides the Dispute. Hearings can take place by video or phone, through written submissions, or in person in the US county where you live.
• We pay all AAA filing, administration and arbitrator fees beyond the amount you would have paid to file a claim in court, unless the arbitrator finds your claim was frivolous or brought for an improper purpose.
• The arbitrator can award the same individual relief a court could, applying the governing law in section 16. The decision is final and binding, and any court with jurisdiction can enter judgment on it.

17.6 Your right to opt out

You can opt out of arbitration by emailing support@five2nine.cc with the subject "Arbitration opt-out", your name and the email address on your account, within 30 days of first accepting these terms. If you opt out, Disputes will be resolved in the courts described in section 17.8, and the rest of these terms still apply.

17.7 Changes to this section

If we make a material change to this section 17, you can reject it by emailing us within 30 days of being notified. The version of section 17 you previously accepted will then continue to apply to you.

17.8 If arbitration doesn't apply

If you opt out, if a Dispute falls under section 17.3, or if a court finds section 17.4 unenforceable for a particular Dispute, that Dispute (and only that Dispute) will be decided by a court, either in England and Wales or in the state or federal courts where you live. If any other part of this section 17 is found unenforceable, the rest of it still applies.

18. General

• Whole agreement. These terms, the Health & AI Disclaimer and any terms shown when you buy something are the whole agreement between you and us about Five to Nine.
• Transfer. We may transfer this agreement to another organisation, for example if the business is sold; your rights under these terms won't be reduced and we will tell you. You may not transfer your account or this agreement.
• Severability. If a court finds part of these terms unenforceable, the rest stays in effect.
• No waiver. If we don't enforce a right straight away, we can still enforce it later.
• Third parties. Apple (section 15) is the only third party with rights under these terms.

19. Changes to these terms

We may update these terms, for example when we add features or the law changes. We will tell you in the app at least 30 days before a significant change takes effect, unless it's needed sooner for legal or security reasons. If you keep using Five to Nine after the change, the new terms apply. If you don't agree, you can stop using Five to Nine and delete your account.

20. Contact

Ricardo Pedrotti Vespero Fernandes, England
Support: support@five2nine.cc · Privacy: privacy@five2nine.cc