Terms of Service
Last updated August 20, 2026
These Terms of Service ("Terms") form a binding agreement between you and FifthTerm ("FifthTerm," "we," "us," or "our") governing your access to and use of the FifthTerm website, applications, and services (together, the "Service").
Please read Section 14 (Dispute Resolution) carefully. It affects how disputes between us are resolved.
By creating an account, purchasing a plan, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Who we are
The Service is operated by FifthTerm, a sole proprietorship based in Toronto, Ontario, Canada.
Contact: support@fifthterm.com
We will provide our full registered name and address on written request to the address above, and to any consumer or regulatory authority entitled to it.
2. Eligibility, accounts, and minors
2.1 Age. You must be at least 18 years old to purchase a paid plan or enter into these Terms on your own behalf.
2.2 Users aged 13–17. A person aged 13 to 17 may use the Service only if a parent or legal guardian reviews and accepts these Terms on their behalf and supervises their use. Where a minor uses the Service, the parent or guardian is the contracting party, is responsible for all activity on the account, and is responsible for all charges.
2.3 Under 13. The Service is not offered to children under 13, and we do not knowingly permit their registration.
2.4 Accounts. You are responsible for the accuracy of your registration information, for keeping your credentials confidential, and for all activity occurring under your account. Notify us promptly at support@fifthterm.com of any unauthorised use. We are not liable for losses arising from your failure to safeguard your credentials.
2.5 One account per person. Accounts are personal and non-transferable. You may not create an account on behalf of another person without their authority, nor maintain multiple accounts to circumvent plan limits.
3. The Service
FifthTerm provides lessons, practice questions, assessments, full-length practice exams, analytics, and AI-assisted explanations for standardised test preparation.
3.1 Changes. We may add, modify, suspend, or discontinue any part of the Service at any time. Where a change materially reduces the functionality of a paid plan you have already purchased, we will give reasonable notice and, at our discretion, offer a pro-rata refund or credit for the unused portion.
3.2 Availability. We aim to keep the Service available but do not guarantee uninterrupted access. Scheduled maintenance, updates, and third-party outages may cause downtime.
3.3 Study purposes only. Content is provided for personal study. It is not professional, academic, admissions, career, or legal advice.
4. Plans, billing, renewal, and cancellation
4.1 Plans. Certain features require a paid plan ("Pro"). Prices, billing frequency, and included features are shown at the point of purchase and are incorporated into these Terms.
4.2 Monthly subscription — automatic renewal. Where you purchase the monthly plan:
- You are enrolled in an automatically renewing subscription.
- Your payment method will be charged US$89 every month until you cancel.
- Renewal continues indefinitely until cancelled.
- You may cancel at any time, without charge or penalty, from your account settings or by emailing support@fifthterm.com.
- Cancellation takes effect at the end of the current billing period. You retain access until that period ends. We do not provide partial-period refunds except where required by law.
- We will send a renewal reminder before charging where required by applicable law.
4.3 One-time term purchases. The 4-month and 6-month plans are single payments granting Pro access for the stated period. They do not renew automatically. Access ends at the conclusion of the stated period unless you purchase again.
4.4 Taxes. Prices are exclusive of applicable sales tax, VAT, or GST unless stated otherwise. You are responsible for any such taxes, which may be added at checkout.
4.5 Price changes. We may change prices. For subscriptions, we will give at least 30 days' notice before a price change takes effect, and you may cancel before it applies. Price changes never affect a term plan already purchased.
4.6 Failed payments. If a payment fails, we may suspend Pro access until payment succeeds. We may retry the charge in accordance with our payment processor's standard practice.
4.7 Refunds. Except as set out in Section 5 and except where a non-waivable right applies under your local consumer law, payments are non-refundable. We offer a free tier requiring no payment card so that you can evaluate the Service before purchasing.
4.8 Payment processing. Payments are processed by Stripe, Inc. We do not receive or store your full payment card number. Your use of the payment flow is also subject to Stripe's terms.
4.9 Written copy of your agreement (Canada). Following any purchase we will send you, by email, a copy of your agreement including the plan purchased, the price, applicable taxes, the billing frequency, the renewal or expiry date, and cancellation instructions. If you do not receive it within 15 days of purchase, contact support@fifthterm.com.
5. Right of withdrawal (EU, EEA, and UK consumers)
5.1 If you are a consumer resident in the European Union, European Economic Area, or United Kingdom, you generally have the right to withdraw from a distance contract within 14 days without giving a reason.
5.2 Immediate access and waiver. Because the Service provides immediate access to digital content, at checkout you will be asked to:
(a) expressly request that we begin supplying the Service immediately, during the withdrawal period; and (b) acknowledge that by doing so you lose your right of withdrawal once supply has begun.
If you give both confirmations, your right of withdrawal ends when we begin supplying the Service. If you do not, you may withdraw within 14 days and we will refund you, less a proportionate amount for any part of the Service already supplied.
5.3 How to withdraw. Email support@fifthterm.com with your name, order details, and a clear statement that you wish to withdraw. We will confirm receipt and refund using your original payment method within 14 days.
5.4 This Section does not limit any other non-waivable statutory right you may have.
6. Acceptable use
You agree not to:
(a) copy, share, resell, sublicense, publish, or redistribute any part of the Service or its content; (b) scrape, crawl, harvest, or bulk-download questions, lessons, explanations, or other content by any automated or manual means; (c) use the Service or its content to train, fine-tune, or evaluate any machine-learning model; (d) share your account credentials, or allow any other person to use your account; (e) circumvent, disable, or interfere with security, access control, rate limiting, or usage-metering features; (f) reverse-engineer, decompile, or attempt to derive the source code or underlying structure of the Service, except to the extent this restriction is prohibited by applicable law; (g) upload or transmit malicious code, or conduct any activity that impairs the Service or others' use of it; (h) submit content that is unlawful, defamatory, harassing, infringing, or that you lack the right to submit; (i) misrepresent your identity or affiliation; or (j) use the Service for any unlawful purpose or in breach of any applicable export control or sanctions law.
We may investigate suspected breaches and take any action we consider appropriate, including suspension or termination without refund.
7. Intellectual property
7.1 Our rights. The Service and all content within it — including lessons, questions, answer explanations, analytics, software, design, text, graphics, the FifthTerm name and logo, and all related marks — are owned by us or our licensors and are protected by copyright, trademark, and other laws.
7.2 Your licence. Subject to these Terms and payment of applicable fees, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service for your own test preparation. This licence ends when your account or plan ends.
7.3 Reservation. All rights not expressly granted are reserved. No rights are granted by implication or estoppel.
7.4 Feedback. If you send us suggestions or feedback, you grant us an unrestricted, perpetual, royalty-free right to use it without obligation to you.
8. Your content
8.1 You retain ownership of notes, annotations, and other material you create in the Service ("Your Content").
8.2 You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, and process Your Content solely to operate, secure, support, and improve the Service for you.
8.3 You represent that you have the necessary rights to Your Content and that it does not infringe any third-party right or violate any law.
8.4 We may remove Your Content if we reasonably believe it breaches these Terms or applicable law.
9. AI-generated content and content accuracy
9.1 AI assistance. Certain explanations, hints, tutoring responses, and study aids are generated in whole or in part by automated systems, including third-party large language models. AI-generated output can be incomplete, misleading, or incorrect, including where it appears confident and well-reasoned.
9.2 No reliance. You must exercise independent judgement and verify anything important against authoritative sources. Do not rely on AI-generated output as a sole basis for any decision.
9.3 Content errors. Despite our review processes, questions, answer keys, difficulty labels, and explanations may contain errors. We do not warrant that content is free from error. If you believe you have found an error, please report it to support@fifthterm.com and we will review it. Correction of an error is not, by itself, grounds for a refund.
9.4 Third-party AI processing. Your questions and the surrounding lesson or question context are transmitted to our AI provider to generate responses. See our Privacy Policy for details.
10. No guarantees; independence from test owners
10.1 No score guarantee. We do not guarantee any score, score improvement, admission outcome, or other result. Outcomes depend on factors outside our control, including your effort, background, and the testing organisation's own procedures.
10.2 Estimated scores. Any estimated score, score range, projection, or readiness indicator shown in the Service is an approximation derived from your activity within the Service. It is not an official prediction and is not produced, endorsed, or validated by any testing organisation. Actual results may differ materially.
10.3 Trademarks and independence. FifthTerm is an independent preparation tool. We are not endorsed by, sponsored by, affiliated with, or authorised by any testing organisation.
- GMAT® and GMAT Focus Edition™ are trademarks of the Graduate Management Admission Council (GMAC).
- GRE® is a registered trademark of Educational Testing Service (ETS).
- LSAT® is a registered trademark of the Law School Admission Council (LSAC).
- SAT® is a registered trademark of the College Board.
All such marks are used solely for identification and descriptive purposes. No affiliation or endorsement is claimed or implied.
11. Copyright complaints and takedown
We respect intellectual property rights and expect users to do the same.
If you believe material on the Service infringes your copyright, send a written notice to support@fifthterm.com with the subject line "Copyright Notice," including:
(a) your name, address, telephone number, and email; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material on the Service claimed to be infringing, with enough detail for us to locate it (page URL and question or lesson identifier); (d) a statement that you have a good-faith belief the use is not authorised by the copyright owner, its agent, or the law; (e) a statement that the information in your notice is accurate and, under penalty of perjury, that you are authorised to act on behalf of the owner; and (f) your physical or electronic signature.
We will review complete notices promptly and remove or disable access to material we determine to be infringing. We may terminate accounts of repeat infringers.
12. Disclaimers
12.1 To the fullest extent permitted by law, the Service and all content are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement.
12.2 We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that content is accurate or complete.
12.3 Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the exclusions above apply only to the extent permitted, and you may have additional rights.
13. Limitation of liability
13.1 To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, opportunity, or anticipated savings, however caused and on any theory of liability.
13.2 To the fullest extent permitted by law, our total aggregate liability for all claims relating to the Service will not exceed the greater of (a) the total amount you paid us in the twelve months immediately preceding the event giving rise to the claim, or (b) fifty US dollars (US$50).
13.3 Carve-outs. Nothing in these Terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; gross negligence or wilful misconduct; or any other liability that cannot be excluded or limited under applicable law.
13.4 If you are a consumer, these limitations do not affect your non-waivable statutory rights.
13.5 These limitations apply even if a limited remedy fails of its essential purpose, and they reflect a reasonable allocation of risk given the price of the Service.
14. Dispute resolution
14.1 Informal resolution first. Before commencing any formal proceeding, you agree to contact us at support@fifthterm.com and attempt in good faith to resolve the dispute informally for at least 30 days.
14.2 Governing law. These Terms and any dispute arising from them are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.
14.3 Venue. Subject to Section 14.4, the courts of the Province of Ontario have exclusive jurisdiction.
14.4 Consumers. If you are a consumer, nothing in this Section deprives you of the protection of mandatory provisions of the law of your place of residence, and you may bring proceedings there. This includes consumers resident in a Canadian province other than Ontario, and consumers resident in the EU, EEA, or UK.
14.5 Time limit. To the extent permitted by law, any claim must be brought within one year after it arises.
15. Termination
15.1 By you. You may stop using the Service and delete your account at any time from your account settings.
15.2 By us. We may suspend or terminate your access, with or without notice, if you breach these Terms, if we reasonably suspect fraud or unlawful activity, or if required by law.
15.3 Effect. On termination for your breach, your licence ends immediately and no refund is due. On termination by us for any other reason, we will refund the unused portion of any prepaid term plan on a pro-rata basis.
15.4 Survival. Sections 6 through 14, and 16, survive termination.
16. General
16.1 Changes to these Terms. We may update these Terms. For material changes, we will give notice through the Service or by email at least 14 days before they take effect. Continued use after the effective date constitutes acceptance. If you do not accept, you may terminate and, for a prepaid term plan, receive a pro-rata refund of the unused portion.
16.2 Indemnity. You agree to indemnify and hold us harmless from any claim, loss, liability, and reasonable legal cost arising from your breach of these Terms, your misuse of the Service, or your infringement of any third-party right.
16.3 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including outages of hosting, payment, or AI providers, network failures, acts of government, and natural events.
16.4 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder will continue in full force.
16.5 No waiver. Our failure to enforce any provision is not a waiver of it.
16.6 Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets, on notice to you.
16.7 Entire agreement. These Terms, together with the Privacy Policy and any terms presented at purchase, constitute the entire agreement between us and supersede all prior understandings.
16.8 No third-party beneficiaries. These Terms create no rights for any third party.
16.9 Language. These Terms are made in English. Any translation is provided for convenience; the English version governs.
17. Contact
FifthTerm Toronto, Ontario, Canada support@fifthterm.com