Terms of Service
1. Agreement to Terms
Welcome to 5ithz (“we”, “us” and “our”). These Terms & Conditions (“Terms”) govern your access to and use of the 5ithz website located at www.5ithz.com, along with any associated pages, social media platforms, apps, or other online services operated by 5ithz or its affiliates that link to these Terms (collectively, the “5ithz Sites”).
By accessing or using the 5ithz Sites, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the 5ithz Sites.
Additional terms may apply in certain situations, such as when registering a product, participating in a promotion, or downloading software, and will be presented at the time of interaction.
2. Updates to Terms
5ithz may modify these Terms from time to time. Any changes will be posted on the 5ithz Sites with the updated effective date. Your continued use of the Sites after changes are made means you accept the revised Terms. It’s your responsibility to review these Terms regularly.
3. Use of the 5ithz Sites
You are granted a limited, non-exclusive, non-transferable license to access and use the 5ithz Sites for personal, non-commercial purposes. All content, such as visuals, software, and text, on the Sites are owned by 5ithz or its partners and protected under copyright and trademark laws.
You may not download, modify, reproduce, distribute, or commercially exploit any portion of the 5ithz Sites without prior written consent from 5ithz. You may link to the homepage for noncommercial purposes so long as the link does not misrepresent 5ithz, its products, or services.
Users under the age of 13 may only use the Sites with parental or guardian supervision.
4. Community Content and Conduct
The 5ithz Sites may allow you to post reviews, feedback, or comments (“User Submissions”). By posting content, you grant 5ithz a worldwide, perpetual, royalty-free license to use, modify, reproduce, and display your content across any media or platform.
You are responsible for your submissions and agree not to post anything that is:
• Unlawful, defamatory, or harmful.
• Violates any third-party rights.
• Contains spam, malware, or false information.
5ithz may moderate content but is under no obligation to do so. You agree to indemnify 5ithz against any claims resulting from your submissions.
By contacting us via the Sites or email, you consent to receive electronic communications from us. These communications may satisfy any legal requirement that such communications be in writing.
5. Products and Online Store
5ithz offers products through its official online store. In certain regions, online sales may be fulfilled by third-party partners whose terms and privacy policies will apply.
We strive to describe our products and support services accurately, but we do not guarantee the completeness or reliability of such descriptions. If a purchased product is not as described, your solution is to email contact@fithz.com with a valid proof of purchase
a. Returns
All sales are final. If your item arrives defective or incorrect, we’ll review the discrepancy if you email contact@fithz.com within 7 days of receiving your product. However, there are no guarantees that the purchased product will be refunded or exchanged.
b. User Accounts
Certain features require account registration. You are responsible for safeguarding your account credentials. If you suspect unauthorized access, contact us immediately. 5ithz reserves the right to disable accounts at its discretion.
c. Downloads
Any software or digital content offered by 5ithz is provided “as-is.” 5ithz does not guarantee that downloads will be free from viruses or harmful components. You assume full responsibility for any risks involved.
6. Customer Support
We aim to offer reliable customer support, but we cannot guarantee resolution of every issue. Support may be limited by product warranty terms and other applicable conditions found on our Support page.
7. Intellectual Property
All intellectual property on the 5ithz Sites including software, designs, trademarks, and content is owned by 5ithz or its licensors.
You may not use any of our branding (including the 5ithz name or logo) without our written permission. Feedback you submit may be used by 5ithz freely, and you waive any claims of proprietary rights over such suggestions.
Unsolicited Ideas
Please do not send 5ithz unsolicited product ideas or creative concepts. Any unsolicited submission will be treated as non-confidential and may be used by 5ithz without compensation or acknowledgment.
Copyright Infringement
If you believe your copyright has been violated on the 5ithz Sites, please contact us with:
• Your signature (electronic or physical)
• Identification of the copyrighted work
• Description of the infringing material and its location
• Your contact information
• A statement under penalty of perjury confirming your claim
5ithz
418 Broadway
STE R Albany, NY 12207
8. Disclaimers
The 5ithz Sites and all content are provided “as-is.” We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and noninfringement. We are not liable for inaccuracies, bugs, or harmful software obtained through the 5ithz Sites.
Some jurisdictions do not allow the exclusion of certain warranties, so some disclaimers may not apply to you.
9. Limitation of Liability
To the maximum extent permitted by law, 5ithz and its affiliates shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or use, arising from your use of the 5ithz Sites, products, or services.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which 5ithz is incorporated, without regard to its conflict of law principles.
11. Termination
5ithz may suspend or terminate your access to the Sites at any time, with or without notice, for conduct that violates these Terms or is otherwise harmful to the integrity of the Sites or the community.