55dive Enterprise

5dive Enterprise Terms

Version 1.1, 8 November 2026

These terms are an agreement between TD The Market Publishers Ltd., a company registered in the Republic of Cyprus under number HE186602, registered office Chrysanthou Mylona 1, 3030 Limassol, Cyprus, trading as 5dive ("5dive", "we"), and the organisation that buys a 5dive Enterprise subscription ("you"). The person who accepts them at checkout confirms they may bind that organisation.

5dive Enterprise is sold only to businesses.

1. Words used here

  • Software: the 5dive software, including its plugins and update files.
  • Office Server: one computer, physical or virtual, on which you run the Software.
  • Subscription: your yearly 5dive Enterprise plan for a number of Office Servers.
  • Order: what you bought at checkout: the number of Office Servers, the price and the start date.
  • Support Data: what your people send us for support: reports, support files and messages in the support chat.
  • DPA: the 5dive Enterprise Data Processing Agreement, which forms part of these terms.

2. The Software is open source

The Software is published under open-source licences (5dive under MIT, its plugins under Apache-2.0). Your right to use, copy and change it comes from those licences. These terms do not limit those rights or add to them, and the Subscription is not a licence fee.

3. What the Subscription includes

For each Office Server in your Order, for the length of the Subscription:

  1. Support, in writing. Your people report a problem from the Office Server, or upload a support file from an Office Server that is offline. Our support answers in the support chat. A fix may arrive as an answer or in a later update.
  2. Update files for the Software, which your IT can install with or without an internet connection.
  3. The documents: the IT install guide, the Microsoft Teams guide, these terms and the DPA.

We give support with reasonable skill and care. We do not promise a response time or a time to fix.

4. What it does not include

  • Installing, hosting, running or monitoring the Software. You run it on your own systems.
  • Visits, consulting, training or custom development.
  • Hardware. You buy and maintain it.
  • Third-party services you choose to use with the Software, such as Microsoft 365, Claude, ChatGPT, Ollama, LM Studio or vLLM. Their own terms apply between you and them.
  • An uptime commitment. The Software runs on your systems, so its availability is in your hands.
  • Any certificate or audit report. 5dive holds no SOC 2, ISO 27001 or other certification.

5. Your side

You are responsible for:

  • installing, configuring, securing, backing up and updating the Software and the systems it runs on;
  • your network, including any tunnel or proxy you open for Microsoft Teams;
  • who in your organisation can use the Software, and what the AI agents are allowed to do;
  • your accounts with any AI model provider, and what you send them;
  • meeting the laws and professional rules that apply to your work, including confidentiality, legal privilege, health-data and data-protection rules;
  • checking AI agent output before you rely on it. AI output can be wrong, incomplete or unsuitable.

6. We have no access to your systems

We never host the Software for you, install it or log into your systems. We do not ask for remote access. We receive only the Support Data your people choose to send.

Keep client files, health data and other sensitive personal data out of Support Data. Support works from technical details, and the support file is built to leave personal content out.

7. Price, payment and taxes

  • The price is per Office Server per year, as shown at checkout. There is no setup fee.
  • You pay yearly in advance, by card. Pay at checkout, or pay the invoice we email you within 14 days of its date.
  • Prices exclude VAT and other taxes. We add VAT where the law requires it. A business in an EU country other than Cyprus that gives a valid VAT number pays no VAT, under the reverse-charge rule.
  • Adding Office Servers during a Subscription year is charged in proportion to the time left until the renewal date.
  • A price change applies only from your next renewal, and we tell you by email at least 30 days before it.
  • If a payment is late, we may pause support and updates until it is paid. The Software keeps running.

8. 30-day refund

If you cancel within 30 days of your first purchase, we refund it in full. No reason is needed. After that, fees are not refundable except where these terms or the DPA say so.

9. Length, renewal and cancelling

  • A Subscription lasts 12 months from its start date and renews for another 12 months unless you cancel before the renewal date.
  • You can cancel at any time in your 5dive account. Cancelling stops the next renewal; the Subscription runs to the end of the year you paid for.
  • We send an email reminder before each renewal.

10. When the Subscription ends

Support and update files stop. The Software keeps working, under its open-source licences. We delete Support Data as the DPA describes.

Either of us may end the Subscription early if the other seriously breaches these terms and does not fix it within 30 days of written notice. If you end it because of our breach, we refund the unused part of the fees you paid.

11. Confidentiality

Each of us will keep the other's confidential information secret, use it only for this agreement, and protect it with at least reasonable care. This does not cover information that is public, was already known, is received lawfully from someone else, or must be disclosed by law.

12. Personal data

The DPA governs any personal data we process for you as part of Support Data. Our privacy policy covers the data we hold for our own business, such as account and billing contacts.

13. Warranties

We warrant that we give support with reasonable skill and care. Otherwise, to the extent the law allows, the Software, update files and support are provided "as is", without other warranties, express or implied, including fitness for a particular purpose. Nothing here excludes rights that the law does not allow to be excluded.

14. Liability

  • Neither of us is liable to the other for indirect or consequential loss, or for lost profits, revenue, goodwill or data.
  • Each party's total liability under this agreement is limited to the fees you paid for the Subscription in the 12 months before the event that caused the claim.
  • These limits do not apply to fraud, to death or personal injury caused by negligence, to gross negligence or wilful misconduct, to your obligation to pay, or to any liability the law does not allow to be limited.

15. Publicity

We will not name you as a customer, or use your name or logo, without your written permission.

16. Changes to these terms

We may update these terms. A new version applies to you from your next renewal, and we email it at least 30 days before. If you do not agree, cancel before the renewal date.

17. Sanctions and export

You must not use the Software or the Subscription in breach of export-control or sanctions laws, including EU and UN sanctions.

18. Disputes, law and courts

Before starting a claim, either of us sends the other a written notice and allows 30 days to settle it in good faith. These terms are governed by the laws of the Republic of Cyprus, without its conflict-of-law rules and without the UN Convention on Contracts for the International Sale of Goods. The courts of Limassol, Cyprus, have exclusive jurisdiction.

19. General

  • Order of precedence: the Order, then the DPA (for personal data), then these terms. Terms in your purchase order or supplier forms do not apply, even if we accept the order.
  • Whole agreement: the Order, these terms and the DPA are the whole agreement for 5dive Enterprise.
  • Notices: to us at legal@5dive.com or our registered office; to you at the email on your 5dive account.
  • Assignment: neither of us may transfer this agreement without the other's consent, except in a merger, acquisition or sale of the business, with notice.
  • Events beyond control: neither of us is liable for a delay caused by events outside reasonable control.
  • If a part of these terms is unenforceable, the rest still applies. Not enforcing a term is not a waiver.