Terms of Use

Last Updated: July 19, 2025

Please read the following Terms of Use Agreement carefully. By accessing or using our sites and services, you agree to be bound by these terms and all terms incorporated herein by reference. If you do not expressly agree to all of the terms and conditions, then please do not access or use our sites or services.

Acceptance of Terms

This Terms of Use Agreement (the "Agreement") is a legally binding agreement that governs the relationship with our users and others who may interact with 5 SENS Inc., also known as 5 SENS ("5 SENS," "we," "us," or "our"), a Florida corporation, in association with the use of the 5 SENS website, including 5sens.co (the "Site") and its services (the "Services").

Description of Website Services

The Site is an e-commerce website that offers innovative clean fragrances that capture moods and inspire moments.

All visitors to our site, whether registered or not, are deemed "users" of the Services provided. Once an individual registers for our Services by creating an account, the user becomes a "member."

You acknowledge and agree that the Services provided through our website and applications are the sole property of 5 SENS Inc. At our discretion, 5 SENS may offer additional website Services and/or products, or update, modify or revise any current content and Services. This Agreement applies to any and all additional Services and/or products and any updated, modified or revised Services unless otherwise stipulated.

5 SENS reserves the right to cancel and cease offering any of the aforementioned Services and/or products. You acknowledge, accept and agree that 5 SENS shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products.

Your continued use of the Services after posting of any updates, changes, and/or modifications constitutes your acceptance of such updates, changes and/or modifications. You should frequently review this Agreement and any applicable terms and policies to ensure you are aware of all terms and policies currently in effect. If you do not agree to the updated, revised or modified terms, you must stop using the Services immediately.

The Services are provided "AS IS" and 5 SENS does not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

Registration and Eligibility

To register and become a "member" of the Site, you must:

Be at least 18 years of age to enter into and form a legally binding contract
Be in good standing and not an individual that has been previously barred from receiving 5 SENS Services under applicable laws

When you register, 5 SENS may collect information such as your name, email address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with 5 SENS and sign in to our Services, you are no longer anonymous to us.

By registering, you acknowledge, understand and agree to:

a) Furnish factual, correct, current and complete information about yourself as requested by the registration process b) Maintain and promptly update your registration and profile information to maintain accuracy and completeness at all times

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, 5 SENS will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and refuse any and all current or future use of 5 SENS Services.

Children's Privacy

Our Services are not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If you have reason to believe that a child under 13 has provided personal information to us, please contact us at help@5sens.co, and we will promptly investigate and delete that information from our systems.

Privacy Policy

Every member's registration data and various other personal information are strictly protected by the 5 SENS Online Privacy Policy (https://5sens.co/pages/privacy-policy). As a member, you consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by 5 SENS and/or our subsidiaries and affiliates.

Member Account, Username, Password and Security

When you set up an account, you are the sole authorized user of your account. You are responsible for:

Maintaining the secrecy and confidentiality of your password
All activities that occur on or within your account
Any act or omission of any user(s) that access your account information

You must notify 5 SENS immediately if you notice any unauthorized access or use of your account or password or any other breach of security. 5 SENS shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition.

Payment, Ordering & Availability

Order Processing: You agree to have sufficient funds or credit available upon placement of any order to ensure that the purchase price will be collectible by us. After you place your order, we will send you a confirmation email.

Pricing: We strive to provide accurate pricing information regarding the Products available on the Site. We cannot, however, ensure against pricing errors. We reserve the right, at our sole discretion, to not process or to cancel any orders placed for a Product whose price was incorrectly posted on the Site as a result of an error.

Product Availability: The Site may contain information regarding the availability of Products. In rare cases, a Product may be in stock when you place the order, but sold out by the time we attempt to process the order. Should this happen, we will notify you by email and cancel the item from your order.

Pre-Orders: We may offer some Products for sale before they have been manufactured or arrive at our warehouse. When you pre-order these Products, we will ship them once they are available. In rare cases, these items may not become available for shipping. Should this happen, we will notify you by email and cancel the item from your order.

Order Acceptance: All orders are subject to our acceptance or rejection based on Product availability, noncompliance with this Agreement or any other reason as determined in our sole discretion. We reserve the right to reject or cancel any order that you place. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process.

Prohibited Conduct

As a user or member of the Site, you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the 5 SENS Services. You may be exposed to content that contains errors or omissions or may cause loss or damage.

You agree not to make use of 5 SENS Services for the purpose of:

Uploading, posting, emailing, transmitting, or otherwise making available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable
Causing harm to minors in any manner whatsoever
Impersonating any individual or entity, including any 5 SENS officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity
Uploading, posting, emailing, transmitting or otherwise offering any content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party
Uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or contractual or fiduciary relationship
Uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation
Uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, files and/or programs designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment
Disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions
Interfering with or disrupting any 5 SENS Services, servers and/or networks connected or related to our website
Intentionally or unintentionally violating any local, state, federal, national or international law
"Stalking" or with the intent to otherwise harass another individual
Collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities set forth above

5 SENS reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. We reserve the right to remove and/or delete any such content that would violate this Agreement or which would otherwise be considered offensive to other visitors, users and/or members.

5 SENS reserves the right to access, preserve and/or disclose member account information and/or content if required to do so by law or in good faith belief that any such action is reasonably necessary for:

a) Compliance with any legal process b) Enforcement of this Agreement c) Responding to any claim that contained content violates the rights of any third party d) Responding to requests for customer service e) Protecting the rights, property or personal safety of 5 SENS, its visitors, users and members, including the general public

Global Use and Export Compliance

Due to the global nature of the internet, through the use of our network you agree to comply with all local rules relating to online conduct and acceptable Content. You agree to comply with all applicable export and import laws, statutes and regulations.

You state and pledge that you:

a) Are not on any government export exclusion list nor a member of any export-prohibited country identified in applicable export and import laws and regulations b) Agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country c) Agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would violate U.S. export laws d) Agree not to post, transfer or upload any software, technology or any other technical data which would violate U.S. or other applicable export and/or import laws

Content License and Ownership

5 SENS does not claim ownership of any content submitted by any visitor, member, or user. However, you grant 5 SENS the following worldwide, royalty-free and non-exclusive licenses:

Public Content: For content submitted or made available for inclusion on the publicly accessible areas of 5 SENS sites, you grant us a license to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services for the sole purpose of providing and promoting the specific area to which this content was placed. This license remains available so long as you are a member of 5 SENS sites, and terminates when you discontinue your membership.

Multimedia Content: For photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of 5 SENS sites, you grant us a license to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services for the sole purpose of providing and promoting the specific area in which this content was placed. This license remains available so long as you are a member of 5 SENS sites and terminates when you discontinue your membership.

Contributions to Company Website

5 SENS provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:

a) Your contributions do not contain any type of confidential or proprietary information b) 5 SENS shall not be liable or under any obligation to ensure or maintain confidentiality related to any Contributions c) 5 SENS shall be entitled to make use of and/or disclose any such Contributions in any manner as we see fit d) The contributor's Contributions shall automatically become the sole property of 5 SENS e) 5 SENS is under no obligation to compensate or provide any form of reimbursement

Indemnification

All users and/or members agree to defend, indemnify and hold 5 SENS Inc., our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors harmless from and against any claim or demand, including reasonable attorney fees, made by any third party which may arise from:

Any content a member or user may submit, post, modify, transmit or otherwise make available through our Services
The use of 5 SENS Services or your connection with these Services
Your violations of the Terms of Service
Your violation of any rights of another person

Commercial Use Restrictions

You agree not to replicate, duplicate, copy, trade, sell, resell or exploit for any commercial reason any part, use of, or access to 5 SENS sites without our express written permission.

Service Limitations

You acknowledge that 5 SENS may establish practices and limits regarding the use of our Services, including without limitation:

The maximum number of days that any email, message posting or other uploaded content shall be retained by 5 SENS
The maximum number of email messages that may be sent and/or received by any member
The maximum volume or size of any email message that may be sent from or received by an account on our Service
The maximum disk space allocated on 5 SENS servers on the member's behalf
The maximum number of times and/or duration that any member may access our Services in a given period of time

You agree that 5 SENS has no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time.

Modifications

5 SENS reserves the right at any time to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. We shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

Termination

By You: As a member of 5sens.co, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to help@5sens.co.

By 5 SENS: You agree that 5 SENS may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

a) Any breach or violation of our Agreement or any other incorporated agreement, regulation and/or guideline b) Requests from law enforcement or any other governmental agencies c) The discontinuance, alteration and/or material modification to our Services, or any part thereof d) Unexpected technical or security issues and/or problems e) Any extended periods of inactivity f) Any engagement by you in any fraudulent or illegal activities g) The nonpayment of any associated fees that may be owed by you in connection with your 5sens.co account Services

Any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.

The termination of your account with 5sens.co shall include:

a) The removal of any access to all or part of the Services offered within 5sens.co b) The deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof c) The barring of any further use of all or part of our Services

Third-Party Links and Advertisers

Any correspondence or business dealings with, or participation in any promotions of, advertisers located on or through our Services, including the payment and/or delivery of such related goods and/or Services, are solely between you and any such advertiser. You agree that 5 SENS Inc. shall not be held responsible or liable for any loss or damage incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

Either 5 SENS or any third parties may provide links to other websites and/or resources. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources.

Intellectual Property Rights

You acknowledge and agree that 5 SENS Services and any essential software that may be used in connection with our Services ("Software") contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. You acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws.

Except for that which is expressly permitted by applicable law or as authorized by 5 SENS or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or create any derivative works which are based on 5 SENS Services (e.g. Content or Software), in whole or part.

5 SENS has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code of our Software on a single computer, provided that you do not allow any third party to duplicate, alter, modify, create derivative works from, reverse engineer, reverse assemble or otherwise attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software.

Warranty Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

THE USE OF 5 SENS SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. 5 SENS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

5 SENS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTIES THAT:

5 SENS SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS
5 SENS SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE
RESULTS OBTAINED FROM THE USE OF THE 5 SENS SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS
ANY ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED

ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF 5 SENS SERVICES OR SOFTWARE SHALL BE ACCESSED AT YOUR SOLE DISCRETION AND SOLE RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

Limitation of Liability

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT 5 SENS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

THE USE OR INABILITY TO USE OUR SERVICE
THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES
UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICE
ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE

Release

In the event you have a dispute, you agree to release 5 SENS (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

Copyright and Intellectual Property Infringement

5 SENS respects the intellectual property of others, and we ask that all of our users do the same. At our sole discretion, 5 SENS may disable and/or terminate the accounts of any user who violates our Agreement and/or infringes the rights of others.

If you feel that your work has been duplicated in a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide us the following information:

a) The electronic or physical signature of the individual authorized on behalf of the owner of the copyright or other intellectual property interest b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon c) A description of the location of the site which you allege has been infringing upon your work d) Your physical address, telephone number, and email address e) A statement that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law f) A statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf

The 5 SENS Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Email: help@5sens.co

Pre-Order Feature

Due to periods of unforeseen high demand, we occasionally offer the opportunity for customers to "pre-order" a product. This feature is meant to ensure customers have an opportunity to reserve their shipment, once product is available for fulfillment.

5 SENS reserves the right to alter expected ship dates at any time, and without notice. All customers who purchase using the pre-order functionality acknowledge that they are pre-ordering a future-available product, and understand that expected ship date will be at the sole discretion of 5 SENS. All pre-orders will be shipped based on a "first come, first serve" basis. When pre-ordering, you'll be charged the whole amount of the order at checkout.

If you can no longer wait to receive your purchase, please contact us at help@5sens.co.

Ordering & Availability

All orders of Products must be for your personal use only. By purchasing Products, you agree not to resell or distribute such Products for any commercial purposes. All orders are subject to our acceptance or rejection based on Product availability, noncompliance with this Agreement or any other reason as determined in our sole discretion.

If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process.

Legal and General Provisions

Entire Agreement

This Agreement constitutes the entire agreement between you and 5 SENS and governs the use of our Services, superseding any prior version of this Agreement between you and us with respect to 5 SENS Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other 5 SENS Services, affiliate Services, third-party content or third-party software.

Choice of Law and Forum

This Agreement shall be governed by the laws of the state of Florida without regard to its conflict of law provisions. Any and all claims, causes of action and/or disputes arising out of or relating to this Agreement, or the relationship between you and 5 SENS, shall be filed within the courts having jurisdiction within Miami-Dade County, Florida or the U.S. District Court located in said state. You and 5 SENS agree to submit to the jurisdiction of such courts and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability

Should 5 SENS fail to exercise or enforce any right or provision of this Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Non-Transferability

You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or this Agreement must be filed within 1 (one) year after said claim or cause of action arose or shall be forever barred.

Trademark Information

You acknowledge, understand and agree that all of the 5 SENS trademarks, copyright, trade name, service marks, and other 5 SENS logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of 5 SENS. You agree not to display and/or use in any manner the 5 SENS logo or marks without obtaining 5 SENS's prior written consent.

Notices

5 SENS may furnish you with notices, including those regarding any changes to this Agreement, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of this Agreement by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

Violations

Please report any and all violations of this Agreement to 5 SENS as follows: