Terms of Service

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.

"Service Data" means the electronic data, financial information, personal details, or other materials inputted by you or your Users into the Service.

"TreaxAI" means the artificial intelligence-powered tools, insights, or recommendations made available through the Service.

"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").

"Subscription Term" means the period during which you have subscribed to a Subscription Plan, as further defined in Section 5 herein.

2. 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. If you are under the age of eighteen (18), 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.

3. 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 or internal business 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 or underlying algorithms of the Service;

use the Service to process or transmit infringing, defamatory, fraudulent, or unlawful material, or any material that violates third-party rights;

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;

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 No Professional Advice. You acknowledge and agree that Treax, including TreaxAI, is provided for general informational and educational purposes only. It does not constitute financial, investment, legal, tax, or accounting advice. You are solely responsible for obtaining advice from qualified professionals before making financial or investment decisions.

4. Free and Paid Service Plans

4.1 Freemium Access. The Free Plan grants limited access to certain basic features of the Service. Fiveset reserves the right, in its sole discretion, to modify, restrict, or discontinue Free Plan features at any time, without notice or liability.

4.2 Subscription Plans. Subscription Plans provide access to enhanced features and functionality of the Service. 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.

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 data.

5. 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., within a 14-day cooling-off period in the EU), such rights shall apply in accordance with applicable law.

6. 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.

6.2 Data Ownership. You retain ownership of all Service Data you submit to the Service. By submitting Service Data, you grant Fiveset a non-exclusive, worldwide, royalty-free license to host, process, and use such Service Data solely for the purpose of providing and improving the Service.

6.3 Security Measures. Fiveset employs commercially reasonable administrative, physical, and technical safeguards designed to protect Service Data. However, you acknowledge that no system can be guaranteed to be entirely secure, and Fiveset disclaims any liability for unauthorized access beyond its reasonable control.

6.4 Compliance Responsibility. You are solely responsible for ensuring that your use of the Service complies with applicable laws and regulations, including but not limited to tax, financial reporting, and data protection obligations.

7. Intellectual Property Rights

7.1 All rights, title, and interest in and to the Service, including software, TreaxAI models, user interfaces, designs, trademarks, and all related intellectual property, are and shall remain the exclusive property of Fiveset or its licensors.

7.2 You are granted no rights or licenses with respect to the Service except as expressly set forth in these Terms.

7.3 Any feedback, suggestions, or ideas submitted by you may be freely used by Fiveset without restriction or compensation, and you hereby grant Fiveset a perpetual, irrevocable license to use the same.

8. Suspension and Termination

8.1 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.

8.2 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

unlawful activity.

8.3 Effect of Termination. Upon termination, your Account will be deactivated, and all Service Data may be deleted. Fiveset shall not be liable for loss of Service Data after termination.

9. Disclaimer of Warranties

THE SERVICE, INCLUDING WITHOUT LIMITATION TREAXAI, 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 DATA OR INFORMATION PROVIDED THROUGH THE SERVICE WILL BE RELIABLE OR SUITABLE FOR YOUR PARTICULAR PURPOSE.

10. 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.

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.

11. 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:

your use of the Service;

your violation of these Terms; or

your violation of applicable laws or third-party rights.

12. 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. Any dispute arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in London, England.

13. Amendments

Fiveset reserves the right, in its sole discretion, to modify or update these Terms at any time. Material changes will be communicated through the Service or by email. Continued use of the Service following such changes constitutes your acceptance of the revised Terms.

14. 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.

15. Entire Agreement

These Terms, together with our Privacy Policy 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.

16. Contact Information

For inquiries regarding these Terms, you may contact us at: