Terms of Service

Welcome to Five Minute Chat, a service provided by Fiveminutes.io ("we," "us," "our," "Company") to you ("you," "your," "Customer").

By using our services, you agree to be bound by these Terms of Service ("Terms"). If you don't agree to these Terms, do not use our services. If you are already using our services, and do not agree to these Terms, immediately cease your use of our services.

We grant you a non-exclusive, non-transferable, limited license to use our services in accordance with these Terms.

Our services are intended solely for use by businesses, developers, and other professional customers acting in the course of a trade or profession. By using our services, you confirm that you are not acting as a consumer within the meaning of applicable consumer protection law.

You represent and warrant that you are of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the services and have gotten your parent or guardian to agree to these Terms on your behalf).

You may not use the Service to:

• transmit content that is unlawful, harassing, defamatory, or fraudulent
• send unsolicited bulk messages (spam)
• attempt to gain unauthorised access to any system or network
• distribute malware or conduct denial-of-service attacks
• violate any applicable law or third-party rights
• resell or sublicense the Service without our prior written consent

Access to certain features and parts of our services may require payment. All fees are stated exclusive of any applicable taxes, levies, or duties. Where required by law, applicable taxes are calculated and collected by our payment processor based on your billing address and jurisdiction. You are responsible for any taxes not collected at source.

Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date. Cancellation of a monthly subscription requires at least 30 days' written notice and takes effect at the end of the next full billing period following receipt of notice. The Company will provide at least 30 days' advance written notice of any fee increases before the next renewal date.

Failure to fulfil contracted payment will result in immediate restrictions to our services, falling back to our Free Tier offering until such time as payment has been successfully made.

The Company may suspend your account immediately, without terminating this Agreement, upon: (a) non-payment of fees for more than seven (7) days after the due date; or (b) a material or repeated breach of the Acceptable Use section. We will notify you of a suspension where practically possible. Suspension does not terminate this Agreement or waive any outstanding fees.

We may terminate your access to all or any part of our services immediately and without prior notice if you materially breach these Terms or if we are required to do so by law.

In all other cases, we will provide at least 30 days' written notice before terminating your access to our services.

Upon termination, your account data will remain accessible via the API for thirty (30) days, after which it will be permanently deleted. The Company provides API endpoints enabling you, as the data controller for your end users, to fulfil data access, portability, and deletion requests on your end users' behalf. You are responsible for using these tools to meet your obligations to your end users prior to or following termination.

The services and all associated software, content, trademarks, and intellectual property are and remain the exclusive property of the Company and its licensors. These Terms do not grant you any rights in our intellectual property beyond the limited license described herein.

You retain ownership of all data you and your users submit to our services. By using our services, you grant us a limited, non-exclusive license to access, process, and store that data solely as necessary to provide the services.

We may use anonymized and aggregated data derived from your use of the services for the purposes of operating, improving, and developing our services.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

The Company's total aggregate liability arising out of or related to these Terms, whether in contract, tort, or otherwise, shall not exceed the greater of (a) the total fees paid by you to the Company in the twelve (12) calendar months immediately preceding the event giving rise to the claim, or (b) EUR 500.

Neither party shall be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, or goodwill, even if advised of the possibility of such damages.

You agree to indemnify and hold harmless the Company, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys' fees, arising out of or related to your use of our services, including but not limited to your violation of these Terms.

By using our services, you grant us permission to access, process and store any data you provide to us, to the extent necessary to provide the service.

We respect the privacy of your data and the data of your users. We will not use, sell, or distribute your data, or any data related to your users, for any purposes other than those necessary to provide and maintain the service, or as required by law.

For additional details on our data practices and protection of your and your users' data, please refer to our Privacy Policy.

In the event of a personal data breach affecting data processed on your behalf, the Company will notify you without undue delay and no later than twenty-four (24) hours after becoming aware of the breach, with sufficient detail for you to meet your obligations under applicable data protection law.

Access to the Five Minute Chat API is subject to rate limits as published in our documentation. You must keep API credentials confidential and not share them with unauthorised third parties. You may not reverse-engineer, decompile, or scrape the API, or use it in a manner that could degrade service availability for other customers. The Company will provide at least thirty (30) days' notice of breaking API changes where technically feasible.

Neither party shall be liable for any delay or failure to perform its obligations caused by circumstances beyond that party's reasonable control, including natural disasters, acts of government, internet or power failures, cyberattacks, or failures of third-party infrastructure providers.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will notify you of any material changes by posting the updated Terms on this page. Where we hold your email address, we will also send you advance notice by email at least 30 days before the changes take effect.

If you continue to use our services after the effective date of any changes, you will be deemed to have accepted the updated Terms. It is your responsibility to review these Terms periodically.

These Terms shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or your use of our services shall be subject to the exclusive jurisdiction of the courts of Sweden.

Please contact us at contact@fiveminutes.io for any questions regarding these Terms.