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TERMS OF USE

Last revised 8 February, 2022

 

1. Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and 5Mins AI Ltd, doing business as 5Mins ("5Mins," “we," “us," or “our”), concerning your access to and use of the 5mins.ai website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). 

We are registered in the United Kingdom and have our registered office at 1 Quality Court, London, WC2A 1HR. Our VAT number is GB364706975. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

 

2. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

 

3. User Representations

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

4. User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

5. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Site.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Site.
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.
6. User Generated Contributions

We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

 

7. Contribution License

You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

8. Mobile and Web Application License

Supplemental Terms governing engagement with the services provided by 5Mins through its mobile and online applications are detailed in our 5Mins End User Terms and Conditions. Any person accessing the mobile and online applications must also abide by those Terms.

 

9. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

10. Third Party Website and Content

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

 

11. Advertisers

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

 

12. Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

 

13. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy: https://5mins.ai/privacy-policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United Kingdom. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Site, you are transferring your data to the United Kingdom, and you agree to have your data transferred to and processed in the United Kingdom.

 

14. Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

15. Modifications and interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

 

16. Governing Law

These conditions are governed by and interpreted following the laws of England, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. 5Mins AI Ltd and yourself both agree to submit to the non-exclusive jurisdiction of the courts of England, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in England, or in the EU country in which you reside.

 

17. Dispute Resolution

You agree to irrevocably submit all disputes related to Terms or the relationship established by this Agreement to the jurisdiction of the English courts. 5Mins AI Ltd shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms are entered into in the course of your trade or profession, the state of your principal place of business.

18. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

 

19. Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

20. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR £100. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

21. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

22. User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

23. Electronic Communications, Transactions and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

24. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

 

25. Miscellaneous

 

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

 

26. Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

help@5mins.ai

5Mins AI Ltd,

1 Quality Court,

London,

WC2A 1HR,

United Kingdom

 

5MINS END USER TERMS AND CONDITIONS

Last updated 22 August, 2024

 

5Mins AI Ltd, doing business as 5Mins (“5Mins”, “we”, “us”, “ours”), allows users to discover, watch, upload, comment on and share educational content, and connect with their peers. Its services are made available to users through mobile and web apps controlled by 5Mins (herein referred to collectively as the “Platform”)

Before engaging with the Platform as a user, we would like you to read these Terms carefully. They set out the rules on which we make our Platform available to users.

If you are being provided access to the 5Mins Platform via your employer, they may have taken care of any payments required to access the services available on the Platform. 

Our Platform is available via our website at www.5mins.ai and via our App and these Terms apply equally to both.

 

1. A little bit about us and what we will do for you

1.1 The Platform is operated by 5Mins AI Ltd. We are a company registered in England and Wales under company number 12961780. Our registered office address is 1 Quality Court, London, England, WC2A 1HR

1.2 If you have any questions or would like to get in touch with us, please email us on help@5mins.ai

1.3 If we have to contact you we will do so by writing to you at the email address you provided to us when you registered.

1.4 When we use the word “writing” or “written” in these Terms, this includes email.

 

2. By using our Platform you accept these Terms


2.1 By using the Platform, you confirm that you accept these Terms and you agree to follow the rules set out in these Terms, including the following additional documents: Our Privacy Policy and Cookies Policy – both of which are available on our website at www.5mins.ai/privacy-policy and www.5mins.ai/cookie-policy, which provide you with information about how your personal data may be used by us, and your rights in relation to your personal data.


2.2 If you do not agree to any of the Terms set out in this document, you should not use our Platform or services.


2.3 If you are under 18 years of age, you must have a parent of guardian’s permission to use our Platform.


2.4 In the event of a material breach and/or persistent breaches of the Terms, 5Mins shall have the right, at its sole discretion, to suspend your access to the 5Mins Platform and/or suspend the provision of the services which it facilitates.


 

3. We may make changes

3.1 We amend these terms from time to time, so please check them occasionally. For example, we may change them to reflect changes in relevant laws and regulations.

3.2 We may also update and change the Platform from time to time to update its functionality, to make available new Advantages and/or to address the needs of our users.

3.3 We will notify you of any significant changes and/or any changes that require any action from you. If you do not agree to any changes, you should stop using the Platform.


 

4. Availability of our Platform

We cannot guarantee that our Platform, or any content on it, will always be available or be uninterrupted. This is because our Platform is provided via the internet and interruptions, delays and other technical problems are “part and parcel” of the provision of services via the internet. We may need to suspend, withdraw or restrict the availability of all or any part of our Platform, for example for security, maintenance or operational reasons. We will try to give you notice if the Platform is not going to be available for an extended period of time.

 

5. Platform account access

5.1 Before you start using our Platform, we will need you to complete registration and/or activate your account. Some of the information (such as your name and email address) may have already been provided to us by your employer if your access to the platform is being facilitated by your employer, but we may need some further details from you to complete your registration. 

5.2 It is important to keep your details correct and up-to-date at all times so please make sure that you verify and provide us with true, accurate and complete information during your account registration process and update it afterwards if necessary. If we discover that any information related to your account is not accurate, we may need to suspend or cancel your account. 

5.3 If you are provided with, or set up your own password or any other piece of information as part of our security procedures during your registration, please ensure that you treat such information as confidential. If you choose your own password, we recommend that you use a combination of letters, uppercase and lowercase, numbers and symbols; this will make it difficult for someone else to use your account. Please do not share this information with anyone. Your account is personal to you and you should not allow anyone else to access your account on our Platform. For this reason, we recommend that you always log-off your account when you access our Platform from a shared device.

5.4 If you know or suspect that anyone other than you know your login details, you should contact us as soon as possible at help@5mins.ai

5.5 We may temporarily or permanently disable your login information if we suspect it is being used by someone else. We may also require you to change your password for security reasons.

5.6 You may at any time request the deletion of your account on our Platform.


 

6. Content and Conduct

The content on the 5Mins Platform includes videos, audio, graphics, photos, text, branding, interactive features, software, metrics, and other materials (collectively, “Content”).

“Content Providers” refers to non-Customer and non-user third parties that 5Mins has signed agreements with, for the primary purpose of uploading that third party’s content on the 5Mins platform. 

Content may be provided to the Platform by users and Content Providers, and the 5Mins Platform is a provider of hosting services for such Content. Content is the responsibility of the person or entity that provides it to the Platform or allows its use on the Platform. If you see any Content you believe does not comply with these terms, you can report it to 5Mins at help@5mins.ai.

You may choose to upload Content to the Platform. If you choose to do so, you must not submit to the Platform any Content that does not comply with this Agreement or the law. You represent and warrant that you own all right, title and interest in and to the Content uploaded, including without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights.

Please ensure that all Content submitted by you is:

  • Educational or intended to support the learning and development of others
  • Accurate (where it states facts)
  • Genuinely held (where it states opinions)

Non-compliant Content includes:

  • items that endanger the emotional and physical well-being of minors
  • items that include nudity and/or sexual Content
  • items that promote suicide, self-harm or that pose a considerable physical or mental risk to viewers
  • items that use vulgar language
  • items that could be considered as spam, scams, or deceptive
  • items that could be considered as harassment or cyber-bullying
  • items that encourage dangerous or illegal activities that risk serious physical harm or death
  • items that promote violence or hatred against individuals or groups, based on any of the following attributes:
    • Age
    • Caste
    • Disability
    • Ethnicity
    • Gender Identity and Expression
    • Nationality
    • Race
    • Immigration Status
    • Religion
    • Sex/Gender
    • Sexual Orientation
    • Victims of a major violent event and their kin
    • Veteran Status
  • items that praise, promote or aid violent criminal organisations
  • items that contain violent or gory content intended to shock or disgust users, or content encouraging others to commit violent acts
  • items containing misinformation that risk real-word harm, including those promoting harmful remedies or treatments, content that is manipulated to mislead users, content that contradicts local health authorities’ (LHA) or the World Health Organization’s (WHO) medical information about COVID-19
  • links that send users to external websites or apps featuring items that 5Mins has listed here as non-compliant and/or do not comply with the law

If 5Mins believes that any Content is in breach of this Agreement, it reserves the right to remove the Content at any time and suspend your access to the 5Mins Platform and services that 5Mins provides and/or facilitates.

Any content you upload to our Platform will be considered non-confidential and non-proprietary. You will retain all of your ownership rights in your content, but you are hereby granting us a licence to use, store and copy that content and to distribute and make it available to third parties.

We may need to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights, or of their right to privacy. We will be very careful in relation to any such disclosures and will only do so if we believe that this is required under the applicable laws.

 

7. Interaction with our Platform

7.1 We are the owner (or the licensee) of all intellectual property rights in our Platform and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

7.2 At this stage, we have no real worries that you would, but it has to be said: you cannot do anything that would bring us or our name into disrepute or cause damage in any way to our reputation. Our reputation means the world to us, so please inform us immediately if you become aware of anything that you believe may cause us any reputational damage.

7.3 Users that are subscribed to 5Mins via their employer may link to our home page, but only in a way that is fair and legal and does not damage our reputation or take advantage of it. Please do not frame our Platform on any other site.

7.4 Please do not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We are open to new ideas, so if you would like to explore any such relationship with us, please contact us on help@5mins.ai

7.5 If we feel that any link is not in line with or brand guidelines, and/or damages our reputation, we may withdraw linking permission without notice and require you to remove any links to our Platform, or to remove our name and/or logo, from your website. Alternatively, we may require you to make some changes in relation to the placing of our name and links to our Platform on your website.

7.6 The website in which you are linking from must not feature items of the nature that 5Mins has listed here as non-compliant for its own Platform and/or do not comply with the law

7.7 If you wish to link to our Platform other than that set out above, please contact help@5mins.ai

7.8 Where our Platform contains links to other websites and resources provided by third parties (including by our Partners), these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.

7.9 You may not use our Platform in any of the following use cases:

  1. in any way that breaches any applicable local, national or international law or regulation;
  2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  3. for the purpose of harming or attempting to harm minors in any way;
  4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards; and/or
  5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

7.10 We may provide interactive services on our Platform allowing users to communicate with each other (interactive services). Although we are not obliged to, we may monitor and/or moderate such interactive services, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Content and Conduct guidelines set out in this document.

7.11 Users may be eligible to obtain rewards that are provided or procured by 5Mins as a result of the user’s activity on our Platform. Any such rewards may only be obtained or redeemed at a maximum frequency of once per 90 days per user.

 

 

8. Use at your Own Risk

5Mins does not review or edit the Content for legal issues, and we are not in a position to determine the legality of Content – including that from users and Content Providers. If you access Content, you rely on any information provided at your own risk. 

With respect to health, wellness, and physical exercise Content that may be made available through the Platform, you acknowledge and agree that the Platform is not intended to be, and will not be used as, a substitute for medical treatment by a health care professional. You agree to consult your healthcare provider before initiating any physical exercises or wellness practices, and follow your provider’s advice accordingly. You also acknowledge and agree to accept the inherent risks and dangers in participating in new or strenuous health, wellness, and physical exercises. You agree that 5Mins will not be liable for any injury, loss, or damages arising from your access or practice of the health, wellness, and/or physical exercise Content made available on the Platform.

When you use our Platform and/or services, you may find links to other websites, products and/or services that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, products and/or services including their collection of information about you. You should also read their terms and conditions and privacy policies.

Under no circumstances will 5Mins be liable in any way for any content, materials, products and/or services of any third parties (including that of Content Providers, and other End Users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content, materials, products and/or services. Any dealings you have with third parties found while using the Platform are between you and the third party, and you agree that 5Mins is not liable for any loss or claim that you may have against any such third party.

 

9. Online security

9.1 We put a lot of effort into keeping our Platform secure. However, despite all these efforts, we cannot guarantee that our Platform will be absolutely secure, free from bugs or viruses, so you should use your own virus protection software.


9.2 We expect our users to respect the security of our Platform and so you must not misuse our Platform by knowingly introducing viruses, Trojans or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, our servers or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may be committing an offence and we may need to report any such breach to the relevant law enforcement authorities including by disclosing your identity to them. We may also notify your employer. In the event of such a breach, your right to use our Platform will cease immediately.


 

10. If things go wrong

10.1 If you have any issues relating to the use of our Platform, please let our team know at help@5mins.ai. If the matter is within our power, we will try to resolve your issues as quickly and efficiently as we can. 


10.2 When we reasonably believe that you have not followed these Terms (including our Acceptable Use Policy), we may take such action as we deem appropriate, including:


(a) issue of a warning to you and/or your employer;

(b) immediate, temporary or permanent withdrawal of your right to use our Platform;

(c) legal proceedings against you, including for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from your breach; and/or

(d) disclosure of such information to law enforcement authorities and/or your employer, as we reasonably feel is necessary or as required by law.

10.3 We will also revoke your access to our Platform if our agreement with your employer is terminated or if you are no longer engaged by the employer that provided you with access to our Platform.

 

11. How we may use your personal data

Our latest Privacy Policy is available at www.5mins.ai/privacy-policy and provides information on what personal data we collect, how we process it and other important data protection terms, including your rights in respect of your personal data. 

 

12. General Terms

12.1 We may transfer our rights and obligations under these Terms to another organisation, for example, if our business is transferred or merged with another company. 


12.2 These Terms are between you and us. No other person shall have any rights to enforce any of these Terms.


12.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.


12.4 These Terms are governed by English law and you can bring legal proceedings against us in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.


 

13. Disclaimer

The 5Mins Platform is provided on an as-is and as-available basis. You agree that your use of the Platform and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Platform and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Platform’s content or the content of any websites linked to the Platform and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Platform, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Platform. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Platform, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

 

14. Limitations of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Platform, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us or £100 GBP. Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.