Terms of Service
THESE TERMS OF SERVICE ("Terms") CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU ("User," "you" OR "your") AND FIVESET D.O.O., A COMPANY INCORPORATED UNDER THE LAWS OF MONTENEGRO ("Fiveset," "we," "us" OR "our"), AND GOVERN YOUR ACCESS TO AND USE OF THE APLUME AI MOBILE APPLICATION, WEBSITE, AND ALL RELATED SERVICES, INCLUDING THE AI-POWERED JOURNALING AND REFLECTION FEATURES (COLLECTIVELY, THE "Service").
BY CREATING AN ACCOUNT, ACCESSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.
APLUME AI INVOLVES THE PROCESSING OF YOUR JOURNAL ENTRIES BY THIRD-PARTY ARTIFICIAL INTELLIGENCE SUB-PROCESSORS IN ORDER TO PROVIDE AI-GENERATED INSIGHTS, PROMPTS, AND SUMMARIES. SECTION 7 ("APLUMEAI FEATURES AND DATA PROCESSING") DESCRIBES THIS IN DETAIL. PLEASE READ IT CAREFULLY BEFORE USING THE SERVICE.
IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A COMPANY, ORGANIZATION, OR OTHER LEGAL ENTITY ("Entity"), YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, AND "YOU" SHALL REFER TO SUCH ENTITY.
Table of Contents
1. Definitions
For purposes of these Terms, the following capitalized terms shall have the meanings set forth below:
"Account" means the digital profile or registration created by you in order to access and use the Service.
"User" means any individual or Entity authorized by you to use the Service through your Account.
"Free Plan" or "Freemium" means the no-cost, limited-access version of the Service made available by Fiveset.
"Subscription Plan" means any paid plan offered by Fiveset that provides access to premium or enhanced features of the Service, subject to recurring fees.
"Journal Entry" or "Service Data" means any text, voice recording, transcription, image, mood log, tag, or other content that you or your Users input, upload, or generate within the Service, including through journaling, reflection prompts, or AI-assisted features.
"AplumeAI" means the artificial intelligence-powered features of the Service, including sentiment analysis, prompts, summaries, insights, and other AI-generated content made available through the Service, whether generated using Fiveset's own models or models operated by Third-Party AI Sub-processors.
"Third-Party AI Sub-processor" means any independent third-party provider of large language models ("LLMs") or other artificial intelligence infrastructure engaged by Fiveset to process Service Data in order to generate AplumeAI outputs (for example, providers of foundation models such as those offered by Anthropic, OpenAI, Google, or Microsoft, or comparable providers). A current list of active Third-Party AI Sub-processors is maintained at our Sub-processor list.
"Personal Data" means any information relating to an identified or identifiable natural person, as defined under applicable law, including the General Data Protection Regulation (EU) 2016/679 ("GDPR"), the UK GDPR, and the California Consumer Privacy Act as amended by the California Privacy Rights Act ("CCPA").
"Special Category Data" means Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, health data (including mental health), sex life or sexual orientation, or other data afforded heightened protection under Article 9 of the GDPR or equivalent "sensitive personal information" under the CCPA. Journal Entries may, depending on their content, constitute Special Category Data.
"De-Identified Data" means Service Data from which direct identifiers have been removed or obscured using commercially reasonable technical measures, and which Fiveset does not attempt to re-identify, consistent with Section 7.6.
"Subscription Term" means the period during which you have subscribed to a Subscription Plan, as further defined in Section 5 herein.
Top2. Eligibility
2.1 You must be at least sixteen (16) years of age, or the applicable age of digital consent in your jurisdiction, to create an Account and use the Service. The Service is not directed to children under 13 (or the equivalent minimum age under local law), and Fiveset does not knowingly collect Personal Data from such children. If you are between 16 and 18 years of age, you may only use the Service with the involvement, consent, and supervision of a parent or legal guardian.
2.2 By registering for an Account or using the Service, you represent and warrant that you have the full right, power, and authority to enter into and comply with these Terms.
Top3. General Conditions of Use
3.1 License Grant
Subject to your compliance with these Terms, Fiveset grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for your personal, non-commercial journaling and reflection purposes, strictly in accordance with these Terms.
3.2 Restrictions on Use
You shall not, directly or indirectly:
- license, sublicense, sell, resell, lease, transfer, assign, distribute, or otherwise exploit the Service for commercial purposes except as expressly permitted herein;
- attempt to copy, modify, adapt, translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive source code, model weights, prompts, or underlying algorithms of the Service or AplumeAI;
- use the Service to process or transmit infringing, defamatory, fraudulent, or unlawful material, or any material that violates third-party rights;
- submit another identifiable individual's Personal Data or Special Category Data to the Service without a lawful basis and, where required, that individual's consent;
- engage in unauthorized access to or use of the Service, including attempts to circumvent security features;
- knowingly introduce into the Service any viruses, worms, Trojan horses, malware, or other harmful or malicious code;
- use automated means (including bots or scrapers) to extract Journal Entries or AplumeAI outputs at scale;
- interfere with, disrupt, or impair the integrity, availability, or performance of the Service; or
- use the Service in any manner that is unlawful or in violation of applicable laws or regulations.
3.3 Account Security
You are solely responsible for maintaining the confidentiality and security of your login credentials, and for all activities conducted through your Account. Fiveset shall not be liable for any loss or damage resulting from unauthorized access to your Account arising from your failure to safeguard your credentials.
3.4 Not Medical, Mental Health, or Professional Advice
Aplume AI, including AplumeAI, is provided for general informational, self-reflection, and educational purposes only. It is not a medical device, does not provide therapy, counseling, diagnosis, or treatment, and does not constitute medical, mental health, legal, financial, or other professional advice. AplumeAI-generated insights are produced by statistical language models and may be inaccurate, incomplete, or inappropriate for your circumstances. You are solely responsible for seeking the advice of qualified professionals regarding your health, wellbeing, or any decisions informed by the Service. If you are in crisis or experiencing thoughts of self-harm, please contact your local emergency services or a crisis helpline in your jurisdiction; the Service is not equipped to respond to emergencies.
4. Free and Paid Service Plans
4.1 Freemium Access. The Free Plan grants limited access to certain basic features of the Service, which may include a limited number of AplumeAI-generated insights per month. Fiveset reserves the right, in its sole discretion, to modify, restrict, or discontinue Free Plan features at any time, without liability, subject to reasonable notice where required by law.
4.2 Subscription Plans. Subscription Plans provide access to enhanced features and functionality of the Service, including expanded AplumeAI usage. By subscribing, you agree to pay all fees associated with the selected Subscription Plan in accordance with the billing terms set forth herein.
4.3 Automatic Renewal. Unless otherwise specified, Subscription Plans automatically renew at the end of each Subscription Term for a subsequent term of equal length, unless you cancel prior to renewal. Where required by applicable law (including EU and certain U.S. state "auto-renewal" laws), Fiveset will provide advance notice of renewal and a clear, easy mechanism to cancel.
4.4 Trials and Promotions. Fiveset may, from time to time, offer free trials or promotional discounts. At the conclusion of any trial period, unless you cancel, your Subscription Plan will automatically convert to a paid subscription at the then-current rate.
4.5 Upgrades and Downgrades. You may upgrade or downgrade your Subscription Plan at any time. Upgrades will result in prorated charges for the remaining portion of the current billing cycle. Downgrades will take effect at the end of your current billing cycle and may result in loss of access to certain features or historical AplumeAI insights.
Top5. Billing, Payments, and Refunds
5.1 Payment Obligation. You agree to pay all fees and charges associated with your chosen Subscription Plan. Payments must be made using a valid payment method (including, without limitation, credit card or app store billing).
5.2 Billing Cycle. Fees are charged in advance, either on a monthly or annual basis, as selected by you at the time of subscription.
5.3 Taxes. All fees are exclusive of applicable taxes, levies, or duties. You are responsible for the payment of such taxes, except for taxes assessed on Fiveset's income.
5.4 Non-Payment. Failure to pay fees when due may result in immediate suspension or termination of your access to the Service.
5.5 Refunds. Except where required by applicable law, all payments are final and non-refundable. Where consumer protection laws grant you a statutory right of withdrawal (e.g., a 14-day cooling-off period in the EU, or applicable app-store refund policies), such rights shall apply in accordance with applicable law.
Top6. Data Privacy and Security
6.1 Privacy Policy. The collection, processing, and use of Personal Data through the Service shall be governed by our Privacy Policy, which is incorporated by reference into these Terms and describes our practices in greater detail than this Section.
6.2 Data Ownership. You retain ownership of all Journal Entries and other Service Data you submit to the Service. By submitting Service Data, you grant Fiveset a non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and use such Service Data solely for the purpose of (a) providing and improving the Service, (b) generating AplumeAI outputs at your request, and (c) as otherwise described in Section 7.
6.3 Security Measures. Fiveset employs commercially reasonable administrative, physical, and technical safeguards, including encryption in transit and at rest, access controls, and vendor due diligence, designed to protect Service Data. However, no system can be guaranteed to be entirely secure, and Fiveset disclaims liability for unauthorized access beyond its reasonable control, without limiting any non-waivable rights you may have under applicable data protection law.
6.4 Data Retention and Deletion. Fiveset retains Service Data for as long as your Account is active or as needed to provide the Service. Upon Account deletion, Fiveset will delete or de-identify your Service Data within the period specified in our Privacy Policy, except where retention is required for legal, regulatory, tax, security, or dispute-resolution purposes.
6.5 Compliance Responsibility. You are solely responsible for ensuring that your own use of the Service (including any Service Data you submit) complies with applicable laws and regulations, including data protection obligations owed to any third party whose information you include in a Journal Entry.
Top7. AplumeAI Features and Data Processing
This Section describes specifically how Journal Entries are processed by artificial intelligence to generate AplumeAI outputs, including the use of Third-Party AI Sub-processors. This Section supplements, and does not limit, our Privacy Policy.
7.1 How AplumeAI Works
When you use an AplumeAI feature (for example, requesting a summary, mood analysis, reflective prompt, or written insight), the relevant Journal Entry content is transmitted to Fiveset's servers and, where necessary to generate the requested output, to one or more Third-Party AI Sub-processors for processing. AplumeAI outputs are generated by machine-learning models and are provided "as is" for your personal reflection; see Section 3.4 and Section 9.
7.2 Third-Party AI Sub-processors
Fiveset engages Third-Party AI Sub-processors to provide the underlying LLM infrastructure for AplumeAI. A current, regularly updated list of active Third-Party AI Sub-processors, including the categories of data each receives and its role, is available at our Sub-processor list. Fiveset will provide advance notice, and where required by applicable law an opportunity to object, before adding a new Third-Party AI Sub-processor that will materially change how your Service Data is processed.
7.3 What Is Shared, and What Is Not
Because Aplume AI is a personal journaling product, we do not represent that data shared with Third-Party AI Sub-processors excludes all Personal Data - Journal Entry content may itself contain Personal Data or Special Category Data that you choose to write about. Instead, Fiveset limits and contractually restricts what is shared as follows:
- Only the Journal Entry content and minimal contextual metadata (such as timestamp or feature type) reasonably necessary to generate the specific AplumeAI output you requested is transmitted to a Third-Party AI Sub-processor.
- Account-identifying information (such as your name, email address, or billing details) is not included in the content sent to Third-Party AI Sub-processors for AI processing, and Fiveset uses pseudonymous identifiers (e.g., a hashed account ID) rather than direct identifiers wherever technically feasible.
- Fiveset contractually prohibits Third-Party AI Sub-processors from using your Service Data to train, fine-tune, or improve their general-purpose foundation models, and requires deletion or non-retention of transmitted content beyond the period needed to generate the output, subject to each provider's published data-handling terms referenced in our Sub-processor list.
- Aggregated or De-Identified Data derived from Service Data may be used by Fiveset for analytics, product improvement, and research, and may be shared with vendors on that de-identified basis.
7.4 Legal Basis for Processing (EU/UK Users)
Where the GDPR or UK GDPR applies, Fiveset processes Service Data for the purpose of generating AplumeAI outputs on the basis of the performance of a contract with you (Article 6(1)(b)) - i.e., because you have specifically requested that feature. Where a Journal Entry contains Special Category Data, Fiveset relies on your explicit consent (Article 9(2)(a)), which you provide by knowingly submitting such content to an AplumeAI feature after being presented with the disclosures in this Section. You may withdraw this consent at any time as described in Section 7.7, without affecting the lawfulness of processing carried out before withdrawal.
7.5 International Data Transfers
Third-Party AI Sub-processors may process Service Data in the United States or other countries outside the EEA, UK, or your country of residence. Where such transfers occur, Fiveset relies on appropriate safeguards, including the European Commission's Standard Contractual Clauses (and the UK International Data Transfer Addendum, as applicable), or another valid transfer mechanism recognized under applicable law.
7.6 De-Identification Practices
Where Fiveset uses Service Data for purposes beyond generating your requested AplumeAI output (such as improving Fiveset's own models or aggregate analytics), Fiveset first applies de-identification measures reasonably designed to remove or obscure direct identifiers, and Fiveset commits contractually and technically not to attempt to re-identify such De-Identified Data, consistent with the CCPA's definition of de-identified data.
7.7 Your Choices
You may control AplumeAI processing as follows:
- Opt out of AI features entirely: You may disable AplumeAI features in Account settings; the Service will continue to function as a plain journal without your Journal Entries being sent to any Third-Party AI Sub-processor.
- Withdraw consent for Special Category Data processing: You may delete a Journal Entry or contact info@fiveset.io to request that a specific entry not be processed by AplumeAI going forward.
- Object or restrict processing: EEA/UK Users may object to or request restriction of processing as described in Section 8.
- California "Do Not Sell or Share" and Limit Use of Sensitive Personal Information rights: see Section 8.2. Fiveset does not sell Service Data for monetary consideration; disclosures to Third-Party AI Sub-processors are made solely to provide the Service you requested and, to the extent such disclosure could be considered a "sharing" under the CCPA/CPRA, you may opt out as described in Section 8.2.
8. Your Privacy Rights
8.1 EEA, UK, and Other GDPR-Equivalent Jurisdictions
If the GDPR, UK GDPR, or an equivalent law applies to you, you have the right to: (a) access your Personal Data; (b) rectify inaccurate Personal Data; (c) request erasure ("right to be forgotten"); (d) restrict or object to processing; (e) receive a copy of your Personal Data in a portable format; (f) withdraw consent at any time where processing is based on consent; and (g) lodge a complaint with your local data protection supervisory authority. To exercise these rights, contact us using the details in Section 18.
8.2 California and Other U.S. State Privacy Rights
If the CCPA or another comparable U.S. state privacy law applies to you, you have the right to: (a) know what Personal Data has been collected, used, disclosed, or (if applicable) sold or shared, and for what purpose; (b) request deletion of your Personal Data; (c) correct inaccurate Personal Data; (d) opt out of the sale or sharing of Personal Data and of the use of Sensitive Personal Information for purposes beyond providing the Service; and (e) not receive discriminatory treatment for exercising these rights. Fiveset does not sell your Personal Data for monetary consideration. You may submit a rights request via info@fiveset.io, and Fiveset will verify and respond to your request within the timeframes required by applicable law.
8.3 Automated Decision-Making
AplumeAI outputs (such as mood insights or prompts) are provided for your own reflection and do not produce legal or similarly significant effects concerning you, and are not used by Fiveset to make automated decisions about you within the meaning of Article 22 GDPR.
9. Intellectual Property Rights
9.1 All rights, title, and interest in and to the Service, including software, AplumeAI system prompts, model configurations, user interfaces, designs, trademarks, and all related intellectual property (excluding your Service Data and any underlying third-party foundation models, which remain the property of their respective owners), are and shall remain the exclusive property of Fiveset or its licensors.
9.2 You are granted no rights or licenses with respect to the Service except as expressly set forth in these Terms.
9.3 As between you and Fiveset, you own the AplumeAI outputs generated in response to your own Journal Entries, subject to Fiveset's underlying rights in the Service and to the fact that similar outputs may be generated for other users from similar prompts, as is inherent to AI systems.
9.4 Any feedback, suggestions, or ideas you submit about the Service may be freely used by Fiveset without restriction or compensation, and you hereby grant Fiveset a perpetual, irrevocable license to use the same.
Top10. Suspension and Termination
10.1 Termination by You. You may cancel your Account or Subscription Plan at any time through your Account settings. Termination shall take effect at the end of the then-current billing cycle, and you may separately request deletion of your Service Data as described in Section 6.4.
10.2 Termination by Fiveset. Fiveset reserves the right to suspend or terminate your access to the Service at any time, with or without cause, including but not limited to:
- violation of these Terms;
- failure to pay applicable fees;
- misuse of the Service or AplumeAI; or
- unlawful activity.
10.3 Effect of Termination. Upon termination, your Account will be deactivated, and Service Data will be deleted or de-identified in accordance with Section 6.4. Fiveset shall not be liable for loss of Service Data after the applicable retention period has elapsed.
Top11. Disclaimer of Warranties
THE SERVICE, INCLUDING WITHOUT LIMITATION APLUMEAI AND ANY OUTPUT GENERATED BY IT OR BY ANY THIRD-PARTY AI SUB-PROCESSOR, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIVESET DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND NON-INFRINGEMENT.
FIVESET MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF MALICIOUS CODE, OR THAT ANY APLUMEAI OUTPUT WILL BE ACCURATE, RELIABLE, OR SUITABLE FOR YOUR PARTICULAR PURPOSE. NOTHING IN THE SERVICE CONSTITUTES A SUBSTITUTE FOR PROFESSIONAL MEDICAL, MENTAL HEALTH, LEGAL, OR FINANCIAL ADVICE.
Top12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FIVESET, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF DATA, LOSS OF BUSINESS, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE OR ANY APLUMEAI OUTPUT.
FIVESET'S TOTAL LIABILITY FOR ANY CLAIM UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO FIVESET IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. NOTHING IN THESE TERMS LIMITS ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH, PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR GROSS NEGLIGENCE.
Top13. Indemnification
You agree to indemnify, defend, and hold harmless Fiveset, its affiliates, officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of applicable laws or third-party rights; or (d) Service Data you submit that infringes or violates the rights of a third party.
Top14. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England, without regard to conflict-of-law principles, and without prejudice to any mandatory consumer-protection provisions of your country of habitual residence that cannot be derogated from by agreement (including, for EU consumers, rights under Regulation (EU) 2019/1150 and applicable consumer law, and for U.S. consumers, non-waivable state consumer-protection rights). Subject to the foregoing, any dispute arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in London, England.
14.1 U.S. Users - Informal Resolution. If you access the Service from the United States, before filing a claim you agree to first contact Fiveset at the address in Section 18 and attempt in good faith to resolve the dispute informally for at least thirty (30) days.
Top15. Amendments
Fiveset reserves the right, in its sole discretion, to modify or update these Terms at any time. Material changes - including changes that expand the categories of Service Data shared with Third-Party AI Sub-processors or change the purposes of such sharing - will be communicated through the Service or by email at least14 days before taking effect, and, where required by applicable law, will require your renewed affirmative consent before taking effect with respect to Special Category Data already submitted. Continued use of the Service following such changes constitutes your acceptance of the revised Terms.
Top16. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
Top17. Entire Agreement
These Terms, together with our Privacy Policy, our Sub-processor list, and any additional terms referenced herein, constitute the entire agreement between you and Fiveset regarding your use of the Service, and supersede all prior or contemporaneous agreements, proposals, or communications.
Top18. Contact Information
For inquiries regarding these Terms, or to exercise your privacy rights, you may contact us at:
Fiveset d.o.o.
Trg Sunca br.4, Kancelarija br.24
85310 Budva
Montenegro
info@fiveset.io