These Terms of Use (“Terms”) govern your access to and use of the EZM5 commercial website at ezm5.com, the EZM5 web app at ezm5.app, the EZM5 mobile app, account features, guest access, SafeShare, and related services (together, the “Services”). The Services are provided by Ezm5 Digital Inc. (“EZM5”, “we”, “our”, or “us”).
By accessing or using any part of the Services, creating an account, accessing shared information as a Guest, or using any EZM5 feature, you agree to these Terms. If you do not agree, do not use the Services.
1. Definitions
“Account Holder” means a person who creates or uses an EZM5 account.
“App” means the EZM5 web app at ezm5.app and the EZM5 mobile app.
“Commercial Website” means the public EZM5 website at ezm5.com and related public pages used to describe EZM5, its features, product information, support information, or related content.
“Guest” means a person who accesses shared profile information through SafeShare, a guest code, invitation, link, or another guest-access feature without necessarily creating an EZM5 account.
“Pair User” means a person invited to access or help manage profile information through a Subscription membership role.
“Profile” means a record space for one person whose information is managed through the Services.
“SafeShare” means an EZM5 feature that allows temporary or controlled guest access to selected profile information through a guest code or another access method made available by EZM5.
“Services” means the Commercial Website, the App, account services, Profiles, Subscriptions, SafeShare, guest access, support, legal-document access, and related EZM5 services.
“Subscription” means an EZM5 account structure or plan that may define profile capacity, file storage capacity, SafeShare availability, Pair User capacity, Subscription status, or related limits. A Subscription may be free, trial, paid, promotional, or otherwise made available by EZM5.
“Your Content” means information, records, files, images, documents, measurements, notes, comments, profile details, event information, and other material that you submit, upload, create, edit, store, access, transmit, or share through the Services.
2. The Services
EZM5 helps adults store, organize, view, download, and manage health-related information for themselves and for Profiles they manage, including family members and children. The App may include features for accounts, Profiles, Subscriptions, events, measurements, uploaded documents and images, charts, file viewing and downloads, SafeShare sessions, Pair User access, and legal-document access.
The Commercial Website provides general information about EZM5, product features, use cases, support options, and ways to access the App. Commercial Website content is provided for informational and promotional purposes only.
The Services are intended for personal organization and recordkeeping. They are not a medical service, healthcare provider, emergency service, or substitute for professional medical advice, diagnosis, or treatment.
3. Eligibility and Authority
You must be at least 18 years old to create an EZM5 account. By creating an account or using the Services, you represent that:
- you are at least 18 years old if you create an account;
- you can enter into a binding agreement with EZM5;
- your use of the Services is lawful in your jurisdiction; and
- you are not prohibited from using services provided by a company registered in the United States.
Guest access is intended for adults or for use under the supervision and responsibility of an adult. Do not provide guest access to a minor unless you are legally authorized to do so and responsible for that minor’s use.
You may create and manage Profiles for children, family members, or other people only if you have the legal authority or valid permission to collect, upload, store, manage, access, and share their information through the Services. You are responsible for making sure that your use of another person’s information complies with applicable laws and with any duties you owe to that person.
4. Accounts and Security
To use account-based App features, you must create an account with a valid email address and password. Some account actions, such as registration and password reset, may require email verification codes.
You agree to provide accurate account information, keep your login credentials confidential, protect the devices you use to access the Services, and promptly notify us at info@ezm5.com if you believe your account, device, Profile, guest code, invitation, link, or shared access has been compromised.
You are responsible for activity that occurs under your account, except to the extent caused by EZM5’s failure to meet its legal obligations.
5. Profiles, Subscriptions, and Roles
The App organizes records through Profiles and Subscriptions. A Subscription may have one or more Profiles, depending on the Subscription tier or plan and available capacity. The App may show Subscription details such as tier or plan, expiration, profile usage, SafeShare usage, file storage usage, and membership information.
Certain actions are limited by role. For example, Subscription owners may be able to rename Subscriptions, create Profiles when capacity is available, invite Pair Users, cancel invitations, and revoke Pair User access. Pair Users may be able to view or edit supported Profile and event information depending on their role and permissions.
You agree not to invite a Pair User, start a SafeShare session, issue a guest code, share a link, or otherwise grant access to a Profile unless you are authorized to do so.
6. SafeShare and Guest Access
SafeShare and related guest-access features may allow a Guest to access Profile information through a valid guest code, invitation, link, or other access method made available by EZM5.
If you are an Account Holder or other authorized user who shares information, you are responsible for deciding whether to share Profile information, selecting the people who receive access, confirming that they are authorized to receive the information, and revoking access when it is no longer appropriate.
If you are a Guest, you agree that:
- you will access shared information only if you received access from someone authorized to share it;
- you will not use access that you know or reasonably suspect was sent by mistake, obtained without authority, expired, or revoked;
- you will keep guest codes, links, invitations, and shared access confidential;
- you will use shared information only for the purpose authorized by the person who shared it with you;
- you will not copy, disclose, download, screenshot, transmit, publish, or otherwise use shared information except as authorized by the person who shared it with you or as required by law;
- you will stop using shared access when authorization is revoked, expires, or is no longer appropriate; and
- you will comply with any privacy, confidentiality, professional, or legal duties that apply to your use of shared information.
Anyone authorized to access information through SafeShare or another sharing feature may view information made available to them through the Services and may separately record or disclose information outside the Services. EZM5 is not responsible for disclosures made by Account Holders, Guests, Pair Users, or other authorized recipients outside the Services.
We may suspend, block, limit, or revoke guest access, guest codes, invitations, links, or sharing sessions if we reasonably believe it is necessary for security, legal compliance, misuse prevention, user request, or protection of the Services.
7. Your Content and Health-Related Information
You retain ownership of Your Content. EZM5 does not claim ownership of the health records, documents, measurements, notes, or other content that you upload or enter into the Services.
You grant EZM5 a limited, non-exclusive, worldwide license to host, store, copy, process, transmit, display, format, and otherwise use Your Content only as needed to provide, secure, support, maintain, and improve the Services; comply with law; enforce these Terms; and carry out actions you request or authorize, such as viewing, downloading, sharing, editing, or deleting information.
You are responsible for Your Content and for confirming that you have the rights and authority needed to upload, manage, access, or share it. You must not upload, access, or share information that is unlawful, fraudulent, malicious, infringing, or that you are not authorized to process through the Services.
8. Events, Measures, Documents, Charts, and Downloads
The App may allow you to create and edit events, add notes, record measurements, upload PDF and image files, rename or delete files, view files, download files, and display chart or table views of selected measurements.
Charts, tables, measurements, event records, and document views are provided for personal organization and tracking only. They may be incomplete, delayed, inaccurate, or affected by the information you enter. You should independently verify important information before relying on it.
EZM5 is designed to help you store and organize your health-related records. However, you should keep separate copies of critical documents or information when required for medical, legal, insurance, travel, or other important purposes. The Services may provide viewing, download, and export-related features, but EZM5 does not guarantee recovery of deleted items, overwritten information, expired file links, prior versions, or information affected by events outside our reasonable control.
9. Commercial Website Content
The Commercial Website may include product descriptions, feature summaries, screenshots, educational content, blog-style content, support information, pricing or Subscription references, frequently asked questions, links to the App, and other public materials.
Commercial Website content is provided for general informational purposes. We try to keep website content accurate and current, but we do not guarantee that all public content is complete, current, error-free, or available at all times. Product features, availability, pricing, Subscription terms, screenshots, and descriptions may change.
You may not copy, scrape, reproduce, frame, republish, sell, or commercially exploit Commercial Website content without our written permission, except for limited personal, non-commercial use or as otherwise permitted by law.
10. Acceptable Use
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to:
- use the Services to violate any law, regulation, court order, or third-party right;
- upload malicious code, unlawful content, or content that infringes another person’s rights;
- access, use, share, alter, delete, download, or disclose information without authorization;
- misuse guest codes, invitations, links, SafeShare sessions, Pair User access, or other access controls;
- interfere with, disrupt, overload, probe, scan, or test the vulnerability of the Services or related systems;
- bypass access controls, authentication, rate limits, storage limits, sharing limits, or security measures;
- use bots, scrapers, crawlers, or other automated methods to access the Services without our written permission;
- abuse website forms, email features, support channels, or communication tools;
- reverse engineer, decompile, or attempt to extract source code except where the law prohibits this restriction;
- misrepresent your identity, authority, relationship to another person, or right to manage or access a Profile;
- resell, sublicense, rent, lease, or commercially exploit the Services without our written permission; or
- use the Services in a way that could harm EZM5, users, Guests, Pair Users, service providers, or the integrity or security of the Services.
We may investigate suspected violations and take action we consider appropriate, including limiting access, removing content, suspending or terminating accounts, revoking guest access, preserving records, or reporting conduct to authorities where legally permitted or required.
11. Privacy and Cookies
Our Privacy Policy explains how we collect, use, share, store, and protect personal information. Our Cookie Policy explains how we use cookies and similar technologies, including essential cookies for the App and Commercial Website, and optional Google Analytics cookies on the Commercial Website.
By using the Services, you acknowledge that personal information will be handled as described in the applicable privacy materials. If there is a conflict between these Terms and the Privacy Policy about personal information handling, the Privacy Policy controls for that topic.
12. Intellectual Property
The Services, including software, design, user interface, features, functionality, website copy, product descriptions, screenshots, graphics, logos, trademarks, service marks, trade dress, and related content, are owned by EZM5 or its licensors and are protected by intellectual property and other laws.
Subject to these Terms, EZM5 grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose. No rights are granted except as expressly stated in these Terms.
If you send us feedback, suggestions, ideas, or recommendations, you allow EZM5 to use them without restriction, obligation, or compensation to you.
13. Third-Party Services, Links, and Infrastructure
The Services depend on third-party service providers for hosting, cloud infrastructure, storage, security, email delivery, Commercial Website operation, cookie consent, analytics, technical support, and related operational services. These providers may process information as needed to provide services to EZM5, as described in the applicable privacy materials.
The Services may include links to third-party websites, app stores, services, file views, downloads, or technical integrations that interact with third-party systems. EZM5 is not responsible for third-party services that are not controlled by EZM5. Your use of third-party services may be governed by their own terms and privacy policies.
14. Service Changes, Availability, and Limits
We may update, modify, suspend, limit, or discontinue any part of the Services at any time. We will try to provide reasonable notice of material changes when appropriate or legally required.
We do not guarantee that the Services will be uninterrupted, error-free, secure, compatible with every device or browser, or available in every location. Features may depend on your device, operating system, browser, network connection, account status, role, Subscription capacity, storage capacity, guest-access status, and other technical or operational factors.
15. Medical Disclaimer
EZM5 does not provide medical advice, diagnosis, treatment, triage, professional healthcare services, or emergency services. The Services do not create a doctor-patient, provider-patient, or similar healthcare relationship.
Information shown in the Services, including Commercial Website content, measurements, charts, documents, event records, Profile details, shared records, and downloaded files, is for general information, personal organization, and tracking only. You should consult a qualified healthcare provider for medical questions, decisions, diagnosis, treatment, or concerns.
Never disregard, delay, or avoid professional medical advice because of information in the Services. In an emergency, contact local emergency services immediately.
16. Disclaimers
To the fullest extent permitted by law, the Services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory. EZM5 disclaims warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, and reliability.
No system is completely secure. Although we use safeguards designed to protect information, we do not guarantee that unauthorized access, data loss, downtime, errors, defects, or security incidents will never occur.
Some jurisdictions do not allow certain warranty exclusions, so some of the above exclusions may not apply to you.
17. Limitation of Liability
To the fullest extent permitted by law, EZM5 and its officers, directors, employees, contractors, affiliates, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, loss of data, loss of goodwill, service interruption, unauthorized access, or third-party disclosure by users or Guests, arising out of or related to your use of or inability to use the Services.
To the fullest extent permitted by law, EZM5’s total liability for all claims arising out of or related to the Services or these Terms will not exceed the greater of: (a) the amount you paid to EZM5 for use of the Services in the 12 months before the event giving rise to the claim; or (b) USD $100.
Some jurisdictions do not allow certain liability limitations, so some of the above limitations may not apply to you.
18. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless EZM5 and its officers, directors, employees, contractors, affiliates, licensors, and service providers from and against claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
- your use or misuse of the Services;
- Your Content;
- your violation of these Terms;
- your violation of law or third-party rights;
- your unauthorized access to, use of, or sharing of another person’s information;
- your disclosure or misuse of information obtained through SafeShare, guest access, Pair User access, or another sharing feature; or
- your lack of authority to create, manage, upload information to, access, or share a Profile.
19. Suspension and Termination
You may stop using the Services at any time. Where available, you may delete individual records, files, events, Profiles, or your account through App controls or by contacting us.
We may suspend, limit, block, or terminate your access to the Services, including account access, guest access, SafeShare sessions, invitations, links, and guest codes, if we reasonably believe that you violated these Terms, created legal risk, threatened Service security or integrity, misused another person’s information, or engaged in conduct that may harm EZM5, users, Guests, Pair Users, service providers, or the Services.
After termination, your right to use the affected Services ends. Your Content and personal information will be handled as described in the applicable privacy materials, including any retention needed for backups, logs, legal obligations, security, fraud prevention, dispute resolution, or necessary business records.
20. Export Control and Sanctions
You agree to comply with applicable United States and international export control, sanctions, and trade laws. You may not access or use the Services if you are located in a country or region subject to applicable embargoes or sanctions, or if you are listed on a restricted-party list that prohibits your use of the Services.
21. Assignment
You may not assign or transfer these Terms or your rights or obligations under them without our prior written consent. EZM5 may assign or transfer these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, bankruptcy, corporate transaction, or by operation of law.
22. Force Majeure
EZM5 will not be responsible for delay or failure to perform caused by events beyond our reasonable control, including natural disasters, labor disputes, war, terrorism, civil unrest, epidemics, government actions, power outages, internet failures, service-provider failures, security incidents, or other events outside our reasonable control.
23. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law rules.
Before filing a claim, you agree to first contact us at info@ezm5.com and try to resolve the dispute informally. If a dispute cannot be resolved informally, you agree that the state or federal courts located in Delaware will have exclusive jurisdiction, except where applicable law gives you a non-waivable right to bring a claim in another forum.
24. Changes to These Terms
We may update these Terms from time to time to reflect changes in the Services, legal requirements, or our business practices. If we make material changes, we will provide notice in the Services, by email, or by another appropriate method when required by law.
Your continued use of the Services after updated Terms take effect means you accept the updated Terms. If you do not agree to updated Terms, you must stop using the Services.
25. Contact Us
If you have questions about these Terms, contact us at:
Ezm5 Digital Inc.
Dover, DE 19901, USA
Email: info@ezm5.com