Terms of Service

Welcome to Five Degrees (hereinafter the "Platform", a Platform provided by Aequia Technology Pte. Ltd. (hereinafter referred to as "Five Degrees", "we", or "us"). You, as an accesser of the Platform, are hereinafter referred to as "you" or "your".

These Terms of Service constitute a legally binding agreement between you and us and govern your access to and use of the Platform, including all related websites, services, applications, products, and content (collectively, the “Services”). These Terms of Service, along with any additional publicly available policies or agreements from Five Degrees, collectively form the entire agreement between you and us regarding your use of the Services. The Services are intended for personal, non-commercial use.

By accessing or using the Services, creating an account, connecting a wallet, or clicking “I agree” (or a similar acknowledgment) on the Platform, you confirm that you are entering into an agreement with Five Degrees, accept these Terms, and agree to comply with them. Your use of the Services is also subject to our Privacy Policy.

If you are accessing or using the Services as an employee or agent on behalf of a company or entity, then "you" or "your" in these Terms includes you and that business or entity. You also confirm that you are an authorized representative of the business or entity with the authority to enter into a contract on behalf of that entity and that business or entity is legally and financially responsible for your access. More than one person can create an Account as an employee or agent on behalf of the same company.

Using the services constitutes an acceptance of these Terms. If, at any time, you no longer agree to these Terms, you must stop using the Services. We recommend you to print off or save a local copy of the Terms.

Account Rights

You must register an account with us to use our Platform or access our Services.

It is solely your responsibility to keep your account password confidential and your account secure. If you know or suspect that any third party has accessed your account or knows your password, you should immediately reset your password through our Platform.

You agree that you are solely responsible (to us and to others) for any and all activity that occurs on your account.

Notify us of any breaches of your account at: support@fivedegrees.ai.

Rights Reserved

At our sole discretion, we may suspend, deactivate, or terminate your account at any time and for any reason, including, without limitation, failing to comply with any provision of these Terms. If we determine that activity on your account may harm or impair the Services, infringe upon the rights of any third party, or violate applicable laws or regulations, we may take any action we deem appropriate in accordance with these Terms and applicable law.

Deleting your Account

You may delete your account by request via support@fivedegrees.ai or from the Delete Account portal provided within our Services.

To delete any information about your account that we may have stored, please view the related section in our Privacy Policy.

Using Five Degrees' Services

Your access to and use of the Services is subject to these Terms, our User Guidelines, as well as any applicable laws and regulations in your country, state, region, county, or district.

You may not:

1. access or use the Services if you are not of legal age to enter into a contract in your jurisdiction or if you are not legally competent to enter a contract agreement;
2. license, transfer, distribute, sell, market, rent, or lease, in whole or in part, any of the Services or any derivative works thereof;
3. interfere with or attempt to interfere with the proper functioning of the Services, disrupt the Platform or any networks connected to it, bypass any access restrictions, or incorporate the Services (or any part thereof) into another product or program, including through the use of automated scripts;
4. misidentify or misrepresent yourself or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute, or otherwise make available emanates from Five Degrees;
5. use the Services if the laws of your country prohibit you from doing so;

Our Services may use automated systems to analyze content you provide and to judge your compliance with these Terms. We reserve the right to, at any time and without prior notice, remove or disable access to content, your account, or our Services.

Material Portraying Child Sexual Abuse and Exploitation

Child Sexual Abuse Material includes, but is not limited to, visual depictions, videos, and computer-generated imagery, that involve a minor engaging in sexually-explicit conduct.

Any sexually explicit content featuring minors or content that sexually exploits minors is prohibited. Five Degrees treats child safety with the utmost seriousness, and any content involving minors that is potentially provocative or contains sexually suggestive acts is strictly prohibited. Such content may be reported to applicable law enforcement agencies in your jurisdiction.

Five Degrees also prohibits any material that depicts the exploitation of minors, regardless of a sexual aspect. We encourage users to report any suspected child abuse materials via our email support@fivedegrees.ai

Content Rights

The Services contain user-submitted information, text, links, graphics, photos, videos, or other materials ("Content"), which includes Content created with or submitted to the Services by you or through your Account. Five Degrees takes no responsibility for, and does not expressly or implicitly endorse, any user-created Content.

Third-Party Links

Content on the Services may include links to third-party websites. We have no control over, and assume no responsibility for, the content of any third-party websites. By using the Services, you expressly relieve us from any and all liability arising from your use of any third-party links.

Licensing

You retain any ownership rights you have over Your Content, but you grant Five Degrees the following license to use that Content:

When Content is posted to the Services by you, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed. This license includes the right for us to make your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Five Degrees. You also agree that we may remove metadata associated with your Content.

Intellectual Property Rights

Copyright or Trademark Infringement

The use of copyrighted or trademarked content without proper authorization or without a legally valid reason may constitute a violation of Five Degree's policies.

Not all uses of copyrighted or trademarked content may constitute an infringement. In many countries, exceptions to such infringement allow the use of copyrighted or trademarked works under certain circumstances without authorization. These include the fair use doctrine in the United States and permitted acts of fair dealing in the European Union (and other equivalent exceptions in other countries).

Any user content that infringes upon another person's copyright or trademark may be removed. An account may be suspended or terminated for copyright violations on our Platform and we reserve the right to refuse any account holder whose account was used for improper activities from opening a new account.

Reporting an Infringement

You may file a notice with us to request the removal of the alleged infringing content from our Platform.

We may provide the alleged infringer with your contact information, including the email address and the name of the copyright or trademark owner, and/or details of the complaint.

Before submitting a notification, please be aware that intentionally submitting a misleading or fraudulent report may lead to liability for damages under section 512(f) of the United States Digital Millennium Copyright Act (DMCA) or similar laws as may be applicable in other countries.

Contacting You With Regards to Notices

If you submit a report or infringement notification to us, we may contact you if we have additional questions about your report or notification. Please note that Five Degrees is not in a position to adjudicate disputes between third parties, and may not be able to remove the content or suspend the account you reported.

If we remove content of yours in response to a copyright or trademark notice, we will notify you, generally via email.

If you believe any content of yours was wrongly removed, you may send us an inquiry at support@fivedegrees.ai.

AI Services

Many of the Services provided by our Platform contain AI generated content or otherwise necessitate interacting with AI in a variety of AI formats, including AI Chatbots, LLMs, and other AI services.

AI may also generate responses or enable the Services to take actions on your behalf, such as software manipulation, data processing, and system interactions.

You are responsible for all messages, video, voice notes, or other media you submit to our Services and all Actions. Interactions with AI are governed by the same Terms, Guidelines, and Rights that govern other interactions

Assumption of Risks

Artificial Intelligence and Large Language Models are experimental technologies that are still improving in accuracy, reliability and safety. When you use our Services, you acknowledge and agree:

1. AI generated Services and outputs may contain material inaccuracies or incomplete information even if they appear accurate because of their level of detail or specificity;
2. Actions undertaken by AI may not be error free or operate as you intended;
3. AI cannot ensure the veracity of user-generated information on our Platform, even if AI may present this information as fact;
4. AI generated content may contain content that is disagreeable, insulting, or offensive.

You should not rely on any AI generated outputs or actions without independently confirming their accuracy. AI generated content should not be taken as representative of Five Degrees.

Use of your Materials

We may use data provided by you to AI services to provide, maintain, and improve the Services and to develop other products and services, including training our models. You may provide feedback to us regarding any interactions with AI Services.

Payment Terms

This section of the Terms of Service (hereinafter, "Payment Terms") regarding all manners of payment services (hereinafter, "Payment Services") provided by Five Degrees dictates how you may receive certain mobile and technology-enabled payment services offered though our Services.

Third-Party Providers

Overview

Certain functionalities available within the Payment Services will be provided by third-party providers ("Third-Party Providers") and will require that you enter into ancillary agreements with third parties directly in order to enable or access such functionality ("Third-Party Services"). For example, you may be required to enter into a payment processing agreement with services including, but not limited to, Google Play and Apple, in order to process credit and debit card payments.

Third-Party Providers, and not Five Degrees, provide these Third-Party Services to you. You are required to agree to any and all Third-Party Terms of Service in order to use the Payment Services. You must not use the Payment Services for any activity prohibited by applicable law or the Third-Party Terms.

Third-Party Permissions

You hereby authorize Five Degrees to share any information you provide to us with banks, payment processors, or other Third-Party Providers, and you authorize each Third-Party Provider to share your information with us, in connection with your use and access of the Payment Services and/or Third-Party Services, including instructing Third-Party Providers to execute transactions in accordance with your instructions and/or to issue credits or debits. These authorizations are in addition to any collection and use of any information described elsewhere in these Terms of Service and in the Privacy Policy.

When you access third-party websites or use Third-Party Services, you accept that there are risks in doing so and that Five Degrees is not responsible for such risks. You acknowledge and agree that Five Degrees has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, practices of, or opinions expressed on any third-party websites or Third-Party Services or by any third party that you interact with through the Payment Services.

Third-Party Fees

You are responsible for any fees, assessments, or other amounts charged by banks, payment processors, or other Third-Party Providers in connection with your use of the Payment Services and/or any Third-Party Services.

You are responsible for and will pay, indemnify, and hold Five Degrees harmless from any sales, use, excise, import or export, withholding, value added, or similar tax, and any penalties or interest associated with taxes, imposed by any authority with respect to any payment to be made to Five Degrees under these Purchase Terms.

Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Five Degrees, its service providers, affiliates, and their respective officers, directors, employees, agents, and advisors from and against any and all claims, liabilities, costs, and expenses (including, but not limited to, attorneys' fees) arising out of or related to your violation of these Terms, violations of other laws or the use of your account by any other person.

We retain the exclusive right to settle, compromise, and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.

The foregoing provision does not require you to indemnify Five Degrees for any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services.

Modifications

We reserve the right to modify, amend, or update these Terms at any time, for instance when updating the functionality of our Services, or to comply with regulatory changes. We will use reasonable efforts to notify users of any material changes to these Terms; however, you are responsible for reviewing these Terms periodically for updates. The “Last Updated” date at the top of these Terms will be changed when such updates are made, and this date is considered the effective date of the contract between you and us. Your continued access to or use of the Services following any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must cease using the Services.

Continued Enforcability

If your account is terminated by you or by Five Degrees for any reason, these terms continue and remain enforceable between you and Five Degrees, and you will not be entitled to any refund for purchases made.

Limitation of Liability

In no event and under no theory of liability, will any Five Degrees entities be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, or lost profits arising from or relating to these Terms or the Services, including those arising from or relating to content made available on the services that is alleged to be defamatory, offensive, or illegal.

Access to, and use of, the services is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom. In no event will the aggregate liability of Five Degrees exceed the greater of either one hundred U.S. Dollars ($100) or the amount you paid Five Degrees over the previous six months for the Services that give rise to the claim. The limitations of this section will apply to any theory of liability, including those based on warranty, contract, statute, tort (including negligence) or otherwise, and even if the Five Degrees entities have been advised of the possibility of any such damage, and even if any remedy set forth herein is found to have failed its essential purpose. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.

Governing Law & Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly excluded.

Unless otherwise required by applicable law, any dispute, controversy, claim, or difference arising out of or in connection with these Terms of Service, including any question regarding their existence, validity, or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The tribunal shall consist of one (1) arbitrator, and the language of the arbitration shall be English.

Severability

These Terms constitute the entire agreement between you and us regarding your access to and use of the Services and supersede any prior or contemporaneous agreements, communications, or understandings, whether written or oral, relating to such subject matter. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Five Degrees.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms shall remain in full force and effect.

Contact

Questions, comments, and requests regarding these Terms of Service should be submitted via:

Email Address: support@fivedegrees.ai

Attention: Terms of Service