Terms of Service

By accessing or using Fifth Season ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service. These Terms constitute a legally binding agreement between you and Fifth Season, a Vivaldi Company ("Company", "we", or "us").

You must be at least eighteen (18) years of age or older and possess the legal authority to enter into these Terms. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use or security breach.

Fifth Season provides demand intelligence, portfolio architecture, pricing analytics, and capital decision tooling. You agree to use the Service only for lawful business purposes and in compliance with all applicable laws and regulations. You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service, or scrape, crawl, or extract data through automated means without our written consent.

All content, features, and functionality of the Service—including but not limited to text, graphics, logos, models, algorithms, dashboards, and software—are the exclusive property of the Company and its licensors and are protected by international copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service or its content, except for the limited right to use it in accordance with these Terms.

You retain all right, title, and interest in and to any data, models, portfolios, or information you submit to the Service ("Customer Data"). You grant the Company a non-exclusive, worldwide, royalty-free license to use, process, and store Customer Data solely as necessary to provide the Service to you. We implement industry-standard security measures to protect Customer Data and will not disclose it to third parties except as required by law or as expressly permitted under our Privacy Policy.

Access to the Service may require payment of subscription fees or other charges as described in your order form or statement of work. Fees are due in accordance with the billing terms set forth therein. Unless otherwise stated, all fees are non-refundable. We may adjust pricing with at least thirty (30) days' prior written notice, with any changes taking effect at the start of your next renewal cycle.

To the maximum extent permitted by applicable law, in no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunity, or goodwill, arising out of or related to the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages. Our total aggregate liability shall not exceed the amount you paid for the Service in the twelve (12) months preceding the claim.

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses—including reasonable attorneys' fees—arising out of or relating to your use of the Service, your violation of these Terms, or your infringement of any third-party rights.

Either party may terminate this agreement for convenience upon thirty (30) days' written notice. We may suspend or terminate your access immediately if you breach these Terms or engage in conduct that we determine, in our sole discretion, harms or threatens the Service or any third party. Upon termination, all licenses granted to you cease immediately, and you must cease all use of the Service.

We may modify these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least thirty (30) days before the changes take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.

These Terms are governed by the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in New York County, New York. For questions about these Terms, contact us at legal@fifthseason.ai.