Terms of use

Published on 24th Jan 2016

Thank you for using Five dots. Five dots endeavors to shift you to a healthier lifestyle through our website (the "Site"), mobile application (the "Five dots App"), and personalized coaching services provided by our recognized experts (together with the Site, the Five dots App and the services, referred to as the "Services"). The Services are operated by Five dots Digital Pvt. Ltd. (together with its successors and assigns, "Five dots"). THESE TERMS OF SERVICE ("Terms of Use") GOVERN YOUR ACCESS TO AND USE OF THE SERVICES, SO PLEASE READ THEM CAREFULLY BEFORE USING THE SERVICES.

As we continue to grow and add new features, functionality, etc., we may revise these Terms of Use from time to time. Should we do so, we will post the changes here. Your continued use of the Services after any such changes being posted here constitutes your acceptance of the new Terms of Use.

By using the Services from Five dots, you confirm that you are not incapacitated from entering into this contract or barred by law from providing your acceptance to the Terms of Use. Our Services should be used only in compliance with these Terms of Use and all applicable laws, rules or regulations.

  1. THE SERVICES DO NOT CONSTITUTE MEDICAL ADVICE.
    1. The contents of the Five dots Application, such as text, graphics, images, information obtained from Five dots’ licensors, and other material, services, advise, recommendations or inferences contained of the Five dots App or Site or Services are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any question you may have regarding a medical condition.
    2. If you think you may have a medical emergency, call your doctor or an emergency medical number in your jurisdiction. Five dots does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned in the Services. The information provided through our Services is not intended to be or should not be treated as a diagnose or treatment of a medical or health condition. Nothing in the Services should be construed as an attempt to offer or render a medical or health opinion or otherwise engage in the practice of medicine by Five dots. Reliance on any information provided by Five dots, Five dots employees, others appearing on the Five dots App or Site at the invitation of Five dots, or other visitors to the Five dots App or Services is solely at your own risk. The Services may contain health-or-medical- related materials. You should use the Services as deemed appropriate by you or under medical supervision.
  2. USE OF CONTENT

    You shall follow any policies made available to you within the Five dots App or Site, including these Terms of Use.

    1. You shall not misuse the Five dots App or Site or interfere with them or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law, including applicable export and re-export control laws and regulations. We shall be entitled to suspend or stop providing you access to the Services if you do not comply with the Terms of Use or if we are investigating suspected misconduct.
    2. Using the Services does not give you ownership of any intellectual property rights in the Services or portions thereof. You may not use content from our Services unless you obtain permission from us or the owner of the Content or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in the Five dots App or Site. You shall not remove, obscure, or alter any legal notices displayed in or along with the Five dots App or Site.
    3. The Five dots App or Site may display some content that may not belong to Five dots. But that does not necessarily mean that we review such content, so you should not assume that we do so. Such content is the sole responsibility of the entity that makes it available. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
    4. The Five dots App or Site is available on mobile devices. Do not use the Services in a way that distracts you and prevents you from obeying traffic or safety laws.
    5. In order to access or use the Services, you may be required to provide current, accurate, identification, contact, health condition and other information. You are responsible for maintaining the accuracy and completeness of this information and also for maintaining the confidentiality of your username and password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your username or password, so please notify Five dots immediately of any unauthorized use of your account or any other breach of security.
    6. The Services may change over time as we add more features. We may modify, suspend or discontinue, temporarily or permanently, the Services (or a part thereof) from time to time without prior notice to you. Please backup your data as Five dots has no responsibility for the deletion or failure to store any data or other content maintained or transmitted by the Five dots App or Site. Five dots reserves the right to terminate accounts.
    7. You are solely responsible for all information, data, text, music, sound, photographs, graphics, video, messages or other materials that you upload, transmit, post, publish or display (“post”) or email or otherwise transmit or use via the Five dots App or Site. You acknowledge that we may use technological tools to track, extract, compile, aggregate or analyze any data or information resulting from use of the Services by you. You agree to not use the Five dots App or Site to post or otherwise transmit any content that is unlawful, threatening, spam, contains software viruses or, in the sole judgment of Five dots, restricts or inhibits any other person from using or enjoying the Five dots App or Site, or which may expose Five dots or its users to any harm or liability of any type.
    8. Some of the key features in the Services may not be accessible without an internet connection. You must at your costs and consequences, ensure to be connected to the internet via an internet connection of download speed greater than [please mention speed] and have access to most recent generation of smart phones, tablets, laptops or personal computers so as to be able to use all features in the Services.
    9. Some of the features in the Services use the in-built camera of your device, for instance the pulse optic sensor. You understand and agree that the results of pulse optic sensor will vary based on quality of camera on your device and the manner in which it is used (for instance, how you place their finger on the camera and amount of movement). While we do not guarantee accuracy or aptness, we recommend that you watch our tutorial video to understand the correct usage of certain features in the Services. No feature in the Services or parts thereof is recommended by Five dots to be used as a substitute to ECG or other medical diagnosis.
  3. Intellectual Property Rights
    1. Five dots App or Site, Software and Trademarks: The Five dots App or Site is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Five dots, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services, in whole or in part. If you are eligible to use the Services, you are granted a limited license to access and make a non-commercial use of the Services, provided that you keep all copyright or other proprietary notices intact. You are not permitted to use any data mining, robots, scraping or similar data gathering or extraction methods or use any methods to achieve reverse engineering. Any use of the Services other than as authorized by these Terms of Use is strictly prohibited and will terminate the license granted here.
    2. The technology and software underlying the Five dots App or Site is the property of Five dots, our affiliates and our partners (the “Software”). You agree not to reverse engineer, reverse assemble or otherwise attempt to discover any source code version of the Software. We reserve all right, title and interest in and to the Software and the Five dots App or Site, except for the limited rights expressly granted in these Terms of Use.
    3. Five dots names and logos are trademarks and service marks of Five dots (collectively the “Five dots Trademarks”). Other company, product, and service names and logos used and displayed via the Five dots App or Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Five dots. You may not use any of Five dots Trademarks without our prior written permission.
    4. Third Party Material:
      Five dots will not be liable for any content posted by third parties or at the direction of users; you must evaluate the accuracy and usefulness of this content. When you connect, sync, upload, submit, store, send or receive content to or through the Five dots App or Site, you give Five dots (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Five dots App or Site, and to develop new ones. This license continues even if you stop using the Services. Make sure you have the necessary rights to grant us this license for any content that you submit to the Five dots App or Site.
    5. Our automated systems analyze your content to provide you personally relevant product features. This analysis occurs as the content is sent, received and when it is stored. If you have a Five dots Account, we may display your profile name, profile photo, and actions you take on the Five dots App or Site connected to your Five dots account, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Five dots account. You can find more information about how Five dots uses and stores content in the privacy policy. If you submit feedback or suggestions about the Five dots App or Site, we may use your feedback or suggestions without obligation to you.
    6. Repeat Infringer Policy:
      Five dots has adopted a policy of terminating, in appropriate circumstances and at Five dots's sole discretion, members who are deemed to be repeat infringers. Five dots may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
  4. WARRANTY AND LIABILITY
    1. You agree to use the Five dots Services after consulting your physician or medical advisor. The use of the Five dots Services is at your own risk. By using the Services, you represent that you have received consent from your physician to participate in the programs you learn about through the Five dots App or Site.
    2. When using the Five dots Services, information will be transmitted over a medium that may be beyond the control and jurisdiction of Five dots and its suppliers. Accordingly, Five dots assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services.
    3. The Five dots Services are provided on an "as is" basis. FIVE DOTS, IT’S LICENSORS, AND ITS SUPPLIERS, ITS RECOGNISED TEAM OF EXPERTS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGMENT OF THIRD PARTIE'S RIGHT, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Five dots, its licensors, and its suppliers make no representations or warranties about the following:
      1. The accuracy, reliability, completeness, correctness, or timeliness of the Services, software, text, graphics, links, or communications provided on or through the use of the Five dots App or Site.
      2. The advise, information, exercise, diet, institution, opinion, product or other information comprising of the Services.
    4. IN NO EVENT SHALL FIVE DOTS, ITS LICENSORS, ITS SUPPLIERS, ITS RECOGNISED TEAM OF EXPERTS OR ANY THIRD PARTIES MENTIONED ON THE FIVE DOTS SERVICES BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE FIVE DOTS SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FIVE DOTS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FIVE DOT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED INDIAN RUPEES (INR100). IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
    5. Five dots is not liable for any personal injury, including death, caused by your use or misuse of the Services. Any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
    6. By using the Services you agree to release, discharge and hold harmless Five dots and its subsidiaries and affiliates (the “Five dots Entities”) from any and all losses, damages, rights, claims, actions of any kind and injury arising out of or relating to your use of Services. This release includes, without limitation, any claim resulting from delay and the criminal acts of others.
  5. INDEMNITY

    You agree to defend, indemnify, and hold Five dots, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use or your use of Services.

  6. ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES

    Five dots may select certain sites as priority responses to search terms you enter and Five dots may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Five dots does not recommend and does not endorse the content on any third -party websites. Five dots is not responsible for the content of linked third-party sites, sites framed within the Five dots App or Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the Terms of Use for such sites. Five dots does not endorse any product advertised on the Five dots App or Site.

  7. THIRD PARTY LINKS AND CONTENT
    1. The Services may provide, or third parties may provide, links or otherwise direct users to other sites and resources on the Internet, including payment gateways. Five dots has no control over such sites and resources and Five dots is not responsible for and does not endorse such sites and resources. Five dots will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through such site or resource.
    2. You agree that Five dots, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason. If we suspect fraudulent, abusive or illegal activity, we may refer content or accounts to law enforcement authorities. Five dots will not be liable to you or any third-party for any termination of your access to the Services.
  8. GENERAL
    1. Five dots is based in Gurgaon, in India. Five dots makes no claims that Five dots Content is appropriate or may be downloaded outside of India. Access to the Content may not be legal by certain persons or in certain countries. If you access the Five dots Application from outside India, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
    2. The provisions that by its nature should survive the expiration or termination of this Agreement for any reason whatsoever shall continue to survive.
    3. The Terms of Use constitute the entire agreement between you and Five dots and govern your use of the Services, superseding any prior agreements between you and Five dots with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
    4. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
    5. The failure of Five dots to enforce any provision of these Terms of Use will not be deemed a waiver of such right or provision.
    6. In the event that any provision of these Terms of Use is held to be invalid or unenforceable, then that provision will be limited to the minimum extent necessary, and the remaining provisions of these Terms of Use will remain in full force and effect.
  9. TERMS OF SALE
    1. PAYMENTS, TAXES, AND REFUND POLICY

      You agree that some features in the Services are paid features. Should you agree to buy the Services with the paid features, you agree to pay for such Services, and that Five dots may charge your payment method for such Services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING FIVE DOTS WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. For details of how purchases are billed please visit […please add link….]. Your total price will include the price of the paid Service plus any applicable tax; such tax is based on the bill-to address and the tax rate in effect at the time you download the product. All sales and rentals of products are final.

    2. Prices for products offered via the Services may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering. If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Five dots. Five dots allows its users to seek refund within 7 calendar days from the date of purchase if the user has not started to use the Services. You may send an email to support@lifedotsdigital.com for processing your refund. Five dots may exercise discretion in validating the refund claims.
  10. YOUR ACCOUNT

    As a registered user of the Service, you may establish an account ("Account"). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Five dots of any security breach of your Account. Five dots shall not be responsible for any losses arising out of the unauthorized use of your Account. If an unforeseen event, such as a force majeure event, prevents Five dots from providing the Services, whether in full or in part, you shall hold Five dots harmless from all claims or liabilities whatsoever.

  11. YOUR PRIVACY
    1. At Five dots we respect the privacy of our users and have outlined our collection, use and disclosure of personal information and registration data in our Privacy Policy. By using the Services, you accept and agree with all provisions of the Privacy Policy.
    2. Five dots’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Five dots can use such data in accordance with our privacy policies.

Thank you for your cooperation. We hope you find the Five dots Services helpful and convenient to use. Questions or comments regarding the Services, including any reports of non-functioning links, should be directed by electronic mail to support@fivedotsdigital.com.

Copyright (c) Five dots Digital Private Limited. All Rights Reserved.