Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of Fiveish ("the Service"), operated by an individual developer ("we," "us," or "our"). By creating an account or using the Service in any way, you agree to be bound by these Terms.

If you are a teacher or school employee using Fiveish on behalf of a school or district, you represent that you have the authority to accept these Terms on behalf of that institution.

Who May Use Fiveish

Fiveish is designed for use by:

• Teachers who are 18 or older and are employed by or affiliated with a K–12 educational institution in the United States
• Students enrolled in a class managed by an authorized teacher, including students under 13 whose teacher has obtained any required parental consent under COPPA

Fiveish is not intended for general public use outside of an educational context. We reserve the right to suspend or terminate accounts that do not meet these criteria.

Accounts & Registration

Teachers create accounts by providing their name, email address, and a password, or by signing in with Google. You are responsible for maintaining the security of your credentials and for all activity that occurs under your account.

Students join a class using a code provided by their teacher, then provide their name, email, and a password, or sign in with Google. Students are added to the Service at the direction of their teacher.

You agree to provide accurate information when creating your account. You must notify us immediately at getfiveish@gmail.com if you believe your account has been compromised.

One person may not maintain multiple accounts. Teachers may not share login credentials with colleagues — each teacher must have their own account.

Teacher Responsibilities

Teachers who use Fiveish are responsible for:

• Student enrollment. You control which students are added to your classes, either by sharing a join code or by importing a Google Classroom roster. You are responsible for ensuring enrolled students are appropriate users of the Service.
• Parental consent. If any of your students are under 13, you are responsible for obtaining any verifiable parental consent required under COPPA before enrolling those students. By enrolling a student under 13, you represent that you have obtained or are not required to obtain such consent under applicable law.
• Appropriate use. You are responsible for ensuring your students use Fiveish appropriately and in accordance with these Terms and your school's acceptable use policies.
• Content you create. You are responsible for the assignments, questions, and other content you create in Fiveish. You must not post content that is unlawful, harmful, discriminatory, or inappropriate for a K–12 audience.
• Google Classroom connection. If you connect your Google Classroom account, you authorize Fiveish to access your course list and student roster data for the sole purpose of operating the sync feature. You represent that you have authority to share that data with Fiveish.

Student Use

Student accounts are created at the direction of a teacher. Students may use Fiveish to complete assignments posted by their teacher, view their own scores and progress, and access AP exam review content if subscribed.

Students may not attempt to access other students' data, circumvent assignment restrictions, manipulate their own scores, or use the Service in any way that violates their school's academic integrity policies.

Student data — including scores and progress — belongs to the student and their school. We do not sell or share student data. See our Privacy Policy and the FERPA & Student Privacy Statement for details.

Subscriptions & Payments

Teacher subscriptions. Teachers receive a free trial period (currently 30 days, subject to change) upon signup. After the trial, continued access requires an active subscription. Subscription fees are billed annually through our payment processor, Stripe. Prices are displayed in the app and at checkout.

Student exam review. Students may independently purchase access to AP exam review sets. This is a separate subscription from the teacher plan.

Payment processing. All payments are processed by Stripe. We do not store your payment card information. By completing a purchase you agree to Stripe's terms of service.

Renewals. Subscriptions renew automatically unless cancelled. We will send a reminder before renewal. You may cancel at any time by contacting us at getfiveish@gmail.com.

Refunds. We do not offer refunds for partial subscription periods. If you believe a charge was made in error, contact us within 14 days and we will review it.

Data after expiry. If your subscription expires, your account data (classes, assignments, student scores) is retained and is not deleted. You will regain access to it if you renew. We may delete data from accounts that have been expired for more than 2 years after advance notice.

Content & Intellectual Property

Fiveish content. The question bank, platform design, software, and all content created by Fiveish is owned by us and protected by copyright. You may not reproduce, distribute, or create derivative works from our content without written permission.

Your content. You retain ownership of assignment titles, custom questions, and other content you create in Fiveish. By creating content on the platform, you grant us a limited license to store and display it to you and your enrolled students for the purpose of operating the Service.

Student work. Student responses, scores, and progress data belong to the student and their educational institution, not to Fiveish. We process this data only to provide the Service.

Feedback. If you provide us with suggestions or feedback about the Service, we may use that feedback to improve Fiveish without obligation to you.

Acceptable Use

You agree not to:

• Use Fiveish for any purpose other than legitimate K–12 educational use
• Attempt to gain unauthorized access to other accounts, the platform infrastructure, or student data
• Reverse engineer, decompile, or attempt to extract the source code of Fiveish
• Use automated scripts, bots, or scraping tools to access the Service
• Post or transmit content that is harmful, abusive, discriminatory, or unlawful
• Misrepresent your identity or affiliation when creating an account
• Share your login credentials with others or allow others to use your account
• Use student data obtained through Fiveish for any purpose other than legitimate educational purposes

Violations may result in immediate account suspension or termination without refund.

Privacy & Student Data

Our collection and use of personal information is governed by our Privacy Policy and our FERPA & Student Privacy Statement, both of which are incorporated into these Terms by reference.

We are committed to protecting student privacy in compliance with the Family Educational Rights and Privacy Act (FERPA), the Children's Online Privacy Protection Act (COPPA), and applicable state student privacy laws.

We do not sell student data. We do not use student data for advertising. We do not share student data with third parties except as described in our Privacy Policy.

Disclaimers & Limitations

No warranty. Fiveish is provided "as is" without warranties of any kind, express or implied. We do not guarantee that the Service will be available at all times, error-free, or that it will meet your specific educational requirements.

No liability for educational outcomes. Fiveish is a practice and mastery tool. We make no representations about student performance, exam scores, or educational outcomes resulting from use of the Service.

Limitation of liability. To the maximum extent permitted by law, our total liability to you for any claim arising from use of the Service is limited to the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

Indemnification. You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your violation of these Terms or misuse of the Service.

Termination

By you. You may stop using Fiveish at any time. To request deletion of your account and data, email getfiveish@gmail.com. We will process deletion requests within 30 days.

By us. We may suspend or terminate your account if you violate these Terms, if your subscription lapses and remains unpaid, or if we discontinue the Service. We will give reasonable advance notice of discontinuation where possible.

Effect of termination. Upon termination, your right to access the Service ends. Your data is retained for 90 days after termination in case you wish to retrieve it, then deleted. Student data associated with your classes follows the same retention schedule.

Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page and notify active teachers by email for material changes.

Your continued use of Fiveish after changes are posted constitutes acceptance of the updated Terms. If you do not agree to the new Terms, you must stop using the Service.

These Terms are governed by the laws of the United States. Any disputes will be resolved through good-faith negotiation first. If that fails, disputes will be submitted to binding arbitration under the rules of the American Arbitration Association.

Contact

Questions about these Terms? We're happy to clarify anything.