1. About these Terms
These Terms and Conditions (“Terms”) govern your access to and use of the Fivell.life website, mobile application, and related services (together, the “Service”). The Service is offered by Wow FitFil Movement Inc. (“FitFil,” “Fivell,” “we,” “us,” or “our”), with its address at 90 Matatag St, Pinyahan, Diliman, Quezon City, 1100 Metro Manila, as Business Partner and product owner.
Aether InfiniMini Solutions Corp. (“Aether”), with its address at SMDC Fame Mall, Mayflower St, Highway Hills, Mandaluyong 1550, is our Technology Partner with a share in commercials. Aether provides technology and related processing services for the Service. For personal data, FitFil is the Personal Information Controller and Aether acts as a Personal Information Processor, as described in our Privacy Policy.
By creating an account, accessing, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Service.
The Service is designed primarily for users in the Philippines but is available to users worldwide. If you use the Service from outside the Philippines, you are responsible for complying with your local laws.
2. Eligibility and age
- You must be at least 18 years old to create an account and use the Service on your own.
- If you are under 18, you may use the Service only with the verifiable consent and supervision of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use of the Service, including any payments.
- Some features (for example, certain events, private sessions, or paid subscriptions) may be limited to users aged 18 and above.
- You may not use the Service if you have been previously suspended or removed from it, or if you are barred from doing so under applicable law.
3. Your account
- You agree to provide accurate, current, and complete information and to keep it up to date.
- You are responsible for keeping your login credentials confidential and for all activity under your account. Notify us immediately at support@fivell.life if you suspect unauthorized access.
- Accounts are personal and may not be sold, transferred, or shared.
- Professionals who list in the directory may be required to complete additional verification (see Section 8).
4. User content and public profiles
“User Content” means anything you post, upload, or share through the Service, such as profile details, photos, posts, comments, reviews, and messages.
- Ownership. You keep ownership of your User Content.
- License to us. You grant Fivell a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, display, adapt (for formatting and technical purposes), and distribute your User Content solely to operate, provide, improve, and promote the Service. This license ends when you delete the content or your account, except where the content has been shared with others who have not deleted it, or where we must retain it by law.
- Public profiles. Your public profile, and any content you choose to make public, can be viewed by other users and may be visible to the public, including through search engines. Please think carefully before sharing personal or health-related information publicly. You can adjust visibility in your settings.
- Your responsibility. You confirm that you have the rights needed to share your User Content and that it does not violate these Terms, the law, or anyone else’s rights.
- Moderation. We may, but are not obliged to, review, remove, or restrict User Content that we reasonably believe breaches these Terms or the law.
6. Journals
- Journal entries are private by default and visible only to you unless you choose to share them.
- If you choose to share a journal entry (for example, publicly or with a professional), you control that choice and can change it, but content already viewed by others cannot be “unseen.”
- Journals are a personal reflection tool. They are not monitored for emergencies and are not a substitute for professional care. See Section 9.
- We handle journal content as described in our Privacy Policy.
7. Events and activities
The Service lets users discover, join, and in some cases host events and activities, both online and in person (for example, yoga classes, hikes, retreats, workshops, or meetups).
7.1 Hosts and organizers
Unless clearly stated that Fivell is the organizer, events are organized by third parties. Hosts are solely responsible for their events, including safety, permits, venue, accuracy of descriptions, compliance with law, and any refunds they offer.
7.2 Assumption of risk
Physical, outdoor, and wellness activities carry inherent risks, including but not limited to physical injury, illness, emotional discomfort, property loss or damage, and, in rare cases, death. By joining an event or activity, you acknowledge these risks and voluntarily assume them. You are responsible for deciding whether an activity is suitable for you, for consulting a doctor before any physical activity where appropriate, and for following the instructions of hosts and venue staff.
7.3 Liability waiver and release
To the fullest extent permitted by law, you release and hold harmless Fivell and its directors, officers, employees, and agents from any claims, losses, or damages arising from your participation in events or activities organized by third parties, and from the acts or omissions of hosts or other participants. Hosts may also require you to sign their own waiver.
Nothing in this section excludes liability that cannot be excluded under Philippine law, including liability for fraud, bad faith, or gross negligence (for example, under Articles 21 and 1170–1174 of the Civil Code of the Philippines, where applicable).
7.4 Conduct at events
You agree to follow these Terms, the community guidelines, and any rules of the host or venue. Hosts and Fivell may refuse entry or remove participants whose conduct is unsafe or inappropriate.
8. Professional directory and private sessions
Fivell is a platform, not a provider. We provide technology that helps you find and book wellness practitioners (“Professionals”). We do not provide medical, psychological, therapeutic, or other professional services, and we do not employ, supervise, or direct Professionals.
- Independent professionals. Professionals are independent and solely responsible for the services they provide, including their qualifications, licenses, advice, conduct, and compliance with professional and legal standards (for example, those of the Professional Regulation Commission, where applicable).
- Verification. We may take reasonable steps to verify certain credentials that Professionals provide, but we do not guarantee the accuracy of listings, credentials, reviews, or the quality or outcome of any session. Please do your own due diligence.
- The relationship is between you and the Professional. Booking a private session creates an agreement between you and that Professional. Fivell is not a party to that professional relationship.
- Booking, rescheduling, and no-shows. Each Professional may set their own fees and cancellation terms, which will be shown at booking. Fivell’s own refund rules are in Section 12.
- Session data. Information about your bookings and sessions is handled according to our Privacy Policy. Professionals are separately responsible for keeping confidential the information you share with them.
- Professional obligations. Professionals using the Service agree to our Professional Terms, including providing accurate credentials and holding any required licenses and insurance.
9. Medical and wellness disclaimer
Content on the Service, including articles, videos, events, community posts, and journals, is for general wellness and informational purposes only. It is not medical advice and is not a substitute for diagnosis or treatment by a qualified healthcare provider. Always consult a doctor or other qualified health provider about any medical condition, and never disregard or delay seeking professional advice because of something on the Service.
In an emergency, do not use Fivell. If you or someone else is in danger or experiencing a medical or mental health emergency, call 911 (the Philippine national emergency hotline) or go to the nearest hospital. For mental health crisis support in the Philippines, you may also contact the National Center for Mental Health Crisis Hotline at 1553. If you are outside the Philippines, contact your local emergency services.
10. Payments
- Some features are paid, including private sessions, certain events, and the video subscription. Prices are shown before you confirm a purchase and are stated in Philippine Pesos (PHP) unless otherwise indicated. Prices may include or exclude applicable taxes as shown at checkout.
- Payments are processed by third-party payment processors and, for in-app purchases, by the Apple App Store or Google Play. We do not store your full card details. Your use of these processors is subject to their own terms and privacy policies.
- Where you pay a Professional or event host through the Service, Fivell may collect the payment on their behalf and may deduct a service fee, as disclosed at checkout.
- You authorize us and our payment processors to charge your chosen payment method for all amounts you agree to pay. You are responsible for any fees charged by your bank or card issuer, including foreign exchange fees.
- We may change prices with prior notice. Price changes do not affect purchases already confirmed.
11. Subscriptions and auto-renewal
- The Fivell video subscription gives you access to premium video content for the period you select (for example, monthly or yearly).
- Auto-renewal. Unless you cancel, your subscription renews automatically at the end of each billing period, and you will be charged the then-current subscription price using your payment method on file.
- We will clearly show the price, billing frequency, and renewal terms before you subscribe, and we will notify you in advance of any price change, giving you the chance to cancel before it takes effect.
- Free trials. If we offer a free trial, it will convert into a paid subscription at the end of the trial unless you cancel before it ends. Trial terms will be shown at sign-up.
- Subscription content is licensed for your personal, non-commercial use and may change, be added, or be removed over time.
12. Cancellation and refunds
12.1 Subscriptions
- You can cancel at any time in your account settings or, for in-app purchases, through your Apple App Store or Google Play account settings. Cancellation takes effect at the end of the current billing period, and you keep access until then.
- Except where required by law or stated otherwise, subscription fees already paid are non-refundable, including for partial billing periods.
- Refunds for purchases made through the Apple App Store or Google Play are handled by those platforms under their own policies.
12.2 Private sessions and events
- Cancellation and refund terms for private sessions and events are set by the Professional or host and shown at booking.
- If a Professional or host cancels, or a session or event does not take place as described, you may be entitled to a refund. Contact support@fivell.life and we will help in line with the applicable terms.
12.3 Your statutory rights
Nothing in these Terms limits any rights you have under applicable consumer protection laws, including the Consumer Act of the Philippines (Republic Act No. 7394) and the Internet Transactions Act of 2023 (Republic Act No. 11967), where they apply.
13. Intellectual property
- The Service, including its software, design, logos, trademarks, text, videos, and other content provided by Fivell or its licensors, is owned by or licensed to Wow FitFil Movement Inc. and is protected by the Intellectual Property Code of the Philippines (Republic Act No. 8293) and other laws.
- We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use in line with these Terms.
- You may not copy, record, download (except where a feature allows it), redistribute, resell, or publicly display subscription videos or other Fivell content.
- If you believe content on the Service infringes your rights, please contact support@fivell.life with details of the content and your claim.
14. Prohibited conduct
You agree not to:
- Break any law or encourage others to do so.
- Impersonate any person, or misrepresent your identity, qualifications, or licenses.
- Offer professional services you are not qualified or licensed to provide.
- Harass, threaten, exploit, or harm others, including minors.
- Post sexually explicit content, hate speech, or content that infringes others’ rights.
- Collect other users’ data without consent, or scrape, crawl, or harvest the Service.
- Reverse engineer, interfere with, or disrupt the Service or its security, or introduce malware.
- Use bots or automated means to create accounts, bookings, or content, except where we allow it.
- Avoid fees by arranging off-platform payments for bookings first made through the Service, where prohibited by applicable terms.
- Use the Service for unsolicited advertising, pyramid schemes, or fraud.
15. Suspension and termination
- You can stop using the Service and delete your account at any time in your settings or by contacting support@fivell.life.
- We may suspend or end your access, or remove content, if you breach these Terms, if required by law, or if needed to protect users, Professionals, or the Service. Where reasonable, we will tell you why and give you a chance to respond.
- On termination, your right to use the Service ends. Sections that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnity, and governing law) will continue to apply.
- If we end your account without cause, we will refund any prepaid subscription fees for the unused period.
16. Disclaimers
To the fullest extent permitted by law, the Service is provided “as is” and “as available.” We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any content, listing, event, or Professional will meet your expectations or achieve any particular wellness outcome. We are not responsible for the conduct of users, Professionals, or event hosts, whether online or offline.
17. Limitation of liability
To the fullest extent permitted by law:
- Fivell will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, data, or goodwill, arising from or related to your use of the Service.
- Fivell’s total liability for all claims relating to the Service will not exceed the greater of (a) the amount you paid to Fivell in the twelve (12) months before the claim arose, or (b) PHP 100,000.
- These limits do not apply to liability that cannot be limited under Philippine law, including liability arising from fraud, bad faith, or gross negligence.
18. Indemnity
You agree to indemnify and hold harmless Fivell and its directors, officers, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising from your User Content, your breach of these Terms or the law, your participation in events or sessions, or, if you are a Professional or host, the services or events you provide.
19. Governing law and venue
These Terms are governed by the laws of the Republic of the Philippines, without regard to its conflict-of-law rules. Any dispute arising from or relating to these Terms or the Service will be brought exclusively before the proper courts of Quezon City, Philippines (counsel may refine venue wording before publication), and you and Fivell submit to their jurisdiction. Before filing a claim, we encourage you to contact us at support@fivell.life so we can try to resolve the issue informally.
If you are a consumer living outside the Philippines, you may also have mandatory rights under the laws of your country of residence that these Terms cannot override.
20. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will notify you in the app or by email before they take effect. The “Effective date” at the top shows when these Terms were last updated. If you continue to use the Service after changes take effect, you accept the updated Terms. If you do not agree, you should stop using the Service and may cancel your subscription.
21. General provisions
- Entire agreement. These Terms, together with the Privacy Policy and any feature-specific terms, form the entire agreement between you and Fivell regarding the Service.
- Severability. If any part of these Terms is found invalid, the rest will remain in effect.
- No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
- Assignment. You may not transfer your rights under these Terms. We may transfer ours in connection with a merger, acquisition, or sale of assets, with notice to you.
- Language. These Terms are written in English. Any translation is for convenience only, and the English version prevails.
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