Last updated: February 2026
Welcome to Top 5ive! These Terms of Service ("Terms") constitute a legally binding agreement between you and Top 5ive ("Company," "we," "us," or "our") governing your access to and use of the Top 5ive mobile application ("App") and related services. By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.
By creating an account, accessing, or using Top 5ive, you agree to be bound by these Terms and our Privacy Policy. Your continued use of the App following any updates to these Terms constitutes acceptance of those changes. We reserve the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting. It is your responsibility to review these Terms periodically.
You must be at least 13 years of age to use Top 5ive. If you are between 13 and 18 years of age (or the age of legal majority in your jurisdiction), you may only use the App with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the App, you represent and warrant that you meet these eligibility requirements. We reserve the right to request proof of age and to terminate accounts that do not meet these requirements.
To access certain features, you must create an account. You agree to:
We reserve the right to suspend or terminate accounts that violate these Terms or for any reason at our sole discretion.
You agree NOT to use the App to:
We reserve the right to remove content and suspend or terminate accounts that violate these guidelines without prior notice.
The App allows you to create, submit, and share content including Top 5 lists, comments, votes, and penalty videos ("User Content"). You retain ownership of your User Content, but by submitting it, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the App and our business operations.
You represent and warrant that:
We do not endorse User Content and are not responsible for any User Content posted by users. We reserve the right to remove any User Content at our sole discretion.
IMPORTANT: BY UPLOADING PENALTY VIDEOS TO THE "PAY THE PRICE" WATCH FEED, YOU AGREE TO THE FOLLOWING:
You grant Top 5ive and its affiliates a perpetual, worldwide, royalty-free, sublicensable, and transferable license to:
User Sharing: You also acknowledge and agree that other Top 5ive users may share your penalty videos using the App's built-in sharing features. Videos shared through the App may be posted to external social media platforms by other users.
No Compensation: You acknowledge that you will not receive any compensation, royalties, or payment for the use of your videos as described above.
Waiver of Rights: To the extent permitted by law, you waive any rights of privacy, publicity, or other rights concerning the use of your name, likeness, and appearance as captured in your penalty videos.
Removal Requests: While you grant us broad rights to your content, you may request removal of your videos by contacting support@top5ive.app. We will make reasonable efforts to remove content from our platforms, but we cannot guarantee removal from third-party platforms where content may have been shared.
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS IMPORTANT LIMITATIONS ON OUR LIABILITY.
Top 5ive includes a "Pay the Price" penalty system where game losers may perform challenges or penalties. BY USING THIS FEATURE, YOU ACKNOWLEDGE AND AGREE THAT:
The App may offer in-app purchases including virtual currency ("Coins"), premium features, and subscriptions. All purchases are final and non-refundable except as required by applicable law or as explicitly stated. Virtual currency has no real-world value and cannot be exchanged for cash. We reserve the right to modify pricing, availability, and features of in-app purchases at any time. Unauthorized attempts to manipulate virtual currency balances may result in account termination.
The App, including its design, features, content, and code, is owned by the Company and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the App without our prior written consent. "Top 5ive" and related logos are trademarks of the Company.
Your use of the App is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS WILL BE CORRECTED. YOUR USE OF THE APP IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE APP EXCEED THE AMOUNT YOU PAID TO US, IF ANY, IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the App; (b) your User Content; (c) your violation of these Terms; (d) your violation of any rights of another party; or (e) your performance of any penalty or challenge.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall be conducted in the English language in the United States. The arbitrator's decision shall be final and binding.
Class Action Waiver: YOU AGREE THAT ANY CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Exceptions: Either party may bring claims in small claims court if eligible. Either party may seek injunctive relief in any court of competent jurisdiction for infringement of intellectual property rights.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.
We may terminate or suspend your account and access to the App immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the App will cease immediately. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms in the App or on our website. Your continued use of the App after such changes constitutes acceptance of the modified Terms.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the App and supersede all prior agreements and understandings.
If you have any questions about these Terms, please contact us at: support@top5ive.app