When you access the website at fivelives.health or mobile application (the “Sites”) and each time you purchase our content or related products that we may have for sale from time to time, these Terms and Conditions of Use shall apply. The Sites and the associated content are operated by Five Lives SAS, a company registered in France under number 90330024200018 (“Five Lives SAS”, “we”, “us”).

By accessing the Sites or purchasing our content or related products, you are agreeing to be bound by these terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

Please also read our Privacy Policy which sets out how we will collect, process and use your information. Only continue to use our Sites, if you acknowledge and understand how we will use the information that you will provide to us which may include personal data as defined under the General Data Protection Regulations.

If you are under the age of 18 or do not agree to be bound by any of these terms, you are prohibited from using or accessing the Sites.

We reserve the right to update, change or replace any part of these Terms and Conditions of Use by posting updates and/or changes to our Sites. Your continued use of or access to the Sites following the posting of any changes constitutes acceptance of those changes.

Our terms and conditions were last updated on 11th of October 2022.

1. Our Mobile Applications

Our apps should not be used as a medical device or in place of professional medical advice. The apps help guide you through your own personalised journey and obtain inputs that will be applied against the academic research and medical guidelines that are publicly available in order to generate an assessment for you to consider in relation to your cognitive health. Our apps should not be used as diagnostic or therapeutic tools. The data collected or created by our apps cannot be used to diagnose a cognitive condition such as dementia or any other illnesses.

All information within and generated by our Sites is intended to be an educational resource, and should not be used as a substitute for qualified and personalised professional medical advice or be used to make decisions about your health. We also cannot answer any medical queries either through the apps or via email or any other means.

You are responsible for the accuracy of the information you input into our Sites.

2. Content Ownership, License of Use

Five Lives SAS is, and shall remain, the owner or the licensee of all intellectual property rights in the Sites and any content or product generated from the use of the Sites as well as those rights subsisting in any corrections, derivatives, enhancements, modifications, updates and upgrades to the Sites. Except as expressly stated in these terms and conditions, these terms and conditions do not grant you any rights to, or in, any rights or licences in respect of the Sites or any of its contents of products generated from the use of the Sites.

Certain content and features of the Sites may only be accessible upon the payment of a fee. Where that is the case, unless otherwise specified, we grant you a limited, non-exclusive, non-transferable, revocable right to make personal non-commercial use only of that content and those features of the Sites in respect of which you have paid all applicable fees and charges, provided that you comply fully with these terms and conditions.

Any intellectual property rights consisting in the ideas, suggestions, modifications or improvements made by you shall belong to Five Lives SAS. You hereby assign with full title guarantee all rights, title and interest in and to such intellectual property rights, including all materials embodying such rights, to Five Lives SAS.

Where you have made a purchase from a Site, our obligation to you in relation to that purchase shall end upon the delivery of your purchased product.

3. Prohibited Conduct

You agree that you will not use the Sites to:

• Upload, post, email or otherwise transmit any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, at our sole and absolute discretion;
• Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
• Impersonate any person or entity, including, but not limited to, any user of the Sites, a director, officer, employee, shareholder, agent or representative of Five Lives SAS or our affiliates, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Five Lives SAS, our affiliates or any other person or entity;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any postings or other materials transmitted to or through the Sites;
• Upload, post, email or otherwise transmit any materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);Upload, post, email or otherwise transmit any content or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
• Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation except in the areas, if any that are specifically designated for such purpose;
• Upload, post, email or otherwise transmit any content or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Disrupt the normal flow of dialog, cause a screen to "scroll" faster than other users of the Sites are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of the Sites;
• Interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites;
• Intentionally or unintentionally violate any applicable laws and/or regulations;
• "Stalk" or otherwise harass another user of the Sites and/or any employee of Five Lives SAS;
• Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Site from the Website (including user names or passwords) or about any other third party; and/or access or attempt to access another user’s account without his or her consent.
• Knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree NOT to:

• Reproduce, duplicate, copy or re-sell any part of the Sites in contravention of these terms and conditions.
• Resell access to the Sites.
• Frame the Sites or any part of it.
• Copy any material obtained from the Sites to peer to peer networks or other web sites or web services.
• Access without authority, interfere with, damage or disrupt any part of the Sites; any equipment or network on which the Sites are stored; any software used in the provision of the Sites; or any equipment or network or software owned or used by any third party.

4. Purchase

We may allow you to purchase products or services provided by us or our partners. We may limit your ability to purchase these products or services based on multiple criteria including, but not limited to, your territory or limited periodical promotions.

We may highlight certain partners’ products and/or services (e.g. Five Lives Premium) by inserting partners’ content, partners’ links, or any promotional elements. Content and links on our Sites to partners and third-party products, services, websites and applications are provided only as a convenience to You. If You use these content and/or links, you will leave our Sites. Your dealings with third parties are solely between you and such third parties. We do not control or endorse any third-party services and products. You agree that You use these content and/or links at your own risk, and that we will not be responsible or liable for any content, products or services provided by these third parties. You purchase or enroll with these partners, even for claims of quality or performance contained in or on our Sites you are advised that other websites and applications, including third-party websites, products, services and applications linked from our Sites, might contain material or information that some people may find offensive or inappropriate, or that is inaccurate, untrue, misleading or deceptive, defamatory, libelous, infringing of others' rights or otherwise unlawful.

You must provide a valid payment method to register for a subscription (e.g. a Five Lives Premium subscription), and we may ask you to update your payment method at any time if it becomes invalid. Recurring renewal payments will be taken from the payment method you selected at sign-up, unless and until you change your payment method and/or it becomes invalid. You authorise us to charge any payment method associated with your account in case your primary payment method is expired or otherwise declined. If a payment is not successfully settled, due to expiration of the payment method, insufficient funds, or otherwise, we may suspend your access to our Services until having successfully charged a valid payment method. We will notify you before any price changes to your subscription are effective, in a manner to be determined by us in our sole discretion, subject to applicable law. Unless required by applicable law, the subscription is non-refundable and non-transferable.

We may, from time to time, provide you access to a free trial of some or all of services (the “Free Trial”). Entering a payment method may be required to participate in a Free Trial. Subject to applicable law, after a Free Trial your Subscription may automatically renew unless you have canceled it prior to the end of the Free Trial. If you have not canceled your subscription, we may charge the current time period subscription fee to the payment method you chose when subscribing.

PLEASE NOTE THAT, SUBJECT TO APPLICABLE LAW, IF YOU CHOOSE TO SUBSCRIBE TO FIVE LIVES PREMIUM, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW  ON EACH RENEWAL DATE WITHOUT ANY ADDITIONAL ACTION BY YOU - UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION.

You may cancel your subscription at any time, and for any reason, by signing in to your iTunes or Google Play account and changing the settings. For more details:
iOS: http://support.apple.com/kb/HT4098
‍Android: https://support.google.com/googleplay/answer/2476088.

After that current subscription period ends, you will no longer have access to Five Lives Premium. We reserve the right to change and update Five Lives Premium, and for any reason, without any liability to you. In particular, we may add or remove services and/or content.

We reserve the right to cancel, suspend, terminate or otherwise limit your use and/or access to Five Lives Premium (regardless of where you purchased your subscription) at any time if we suspect fraudulent, abusive, or unlawful activity, and/or activity that is otherwise contrary to our terms and conditions, any other terms between you and us and/or any applicable law or regulation. If your subscription is canceled or otherwise terminated by us, you may immediately lose access to Five Lives Premium. If your subscription is suspended, canceled or otherwise terminated in whole or in part, you will not be entitled to any pro-rata refund for the remaining subscription period (if any). Notwithstanding the foregoing, we reserve the right to terminate Five Lives Premium, at any time and for any reason, with at least thirty (30) days notice to you.

5. Termination

These terms and conditions will become effective when you start using the Sites and will remain effective for as long as you continue to use the Sites. Five Lives SAS reserves the right to terminate your use of and access to the Sites and at any time in case of unauthorized, or suspected unauthorized use of the Sites whether in contravention of these terms and conditions or otherwise.

If Five Lives SAS suspends or terminates your access to the Sites, Five Lives SAS shall have no liability or responsibility to you whatsoever.

6. Disclaimer of warranty

The content appearing on or accessible from our Sites could include technical, typographical, or photographic errors. We regularly review the content included on or accessible from our Sites to ensure they are up-to-date and meet a reasonable standard of accuracy. However, the content provided or accessible on our Sites are provided on an ‘as is’ basis with no warranties, expressed or implied, and we hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the content on the Sites or otherwise relating to such contents or on any third-party contents and sites linked to or accessible from the Sites.

7. Limitations & Disclaimer of liability

In no event shall we be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use of the Content or inability to use the Content on our Sites including the use of any reports generated from our Sites, even if we or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you and in such instances our liability shall be limited to the maximum extent permitted by the applicable law.

8. External Links

We have not reviewed all of the sites linked to the Sites and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked website is at the user’s own risk. Any transactions between you and any partners, third party advertisers or merchants found on our Sites, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between you and the relevant partner, advertiser or merchant. Therefore, We are not responsible or liable for any loss or damage of any kind incurred as the result of any such transactions.

9. Governing Law

Access to, or use of, the Sites, including any related information and materials, may be prohibited by law in certain jurisdictions. You are responsible for compliance with all applicable laws of the jurisdiction from which you are accessing the Sites. We make no representation that the information contained herein is appropriate or available for use in other locations.

These Terms and Conditions of Use , whether for use of the Sites or other purpose, and any non-contractual obligations (if any) arising out of or in connection with these terms and conditions will be governed by the laws of England and Wales. You agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute arising out of or in connection with these terms and conditions . Notwithstanding the foregoing, we reserve the right to bring legal proceedings in any jurisdiction where we believe a breach of these terms and conditions originated.

10. General

If any court or regulator decides that any provision of these terms and conditions is invalid or otherwise unenforceable, such provisions shall be severed and deleted from these terms and conditions and the remainder of these terms and conditions shall continue to have full force and effect.

These terms and conditions apply between you and us. No other person is entitled to benefit under these Terms and Conditions of Use.