Terms of Service

Last updated: 3 August 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.

1. Acceptance of Terms

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.

2. Eligibility and Age

2.1 Minimum age

You must be at least 13 years old to use Top 5ive. If the minimum age for using an online service without a parent's permission is higher where you live, that higher age applies to you instead.

2.2 We ask your date of birth

When you create an account we ask for your date of birth. We ask because parts of these Terms depend on your age and we would rather check than assume — in particular, the rule in Section 5A.4 that videos from users aged 13 to 17 are never used for marketing only works if we know who those users are.

We use your date of birth to work out your age band — under 13, 13 to 17, or 18 and over — and then we discard the date. It is sent once, converted on our server, and never written to storage; the band is what we keep. We do not display the band on your profile or show it to other players. Our Privacy Policy sets this out in full.

You are asked once. A band already on file is not replaced by a later answer, so this is not a question you can re-take until it gives you the answer you wanted.

2.3 If you are 13 to 17

You may use Top 5ive, with two conditions:

• A parent or legal guardian must read these Terms, agree to them on your behalf, and agree to be bound by them. If you are under 18, you cannot agree to these Terms on your own.
• Your penalty videos are never used for marketing — not on Top 5ive's social accounts, not in an advertisement, not by a marketing partner. The marketing option described in Section 5A.2 is not offered to accounts under 18, and we will not rely on it if it is ever shown to one by mistake.

2.4 Giving us a false age

Do not misstate your age. If we find out an account holder is younger than they said, we may suspend or close the account, and we will apply the under-18 protections in these Terms from the moment we find out. If we learn that a video we used for marketing came from someone who was under 18 at the time, we treat that as an immediate withdrawal of marketing permission and act on it as an urgent priority under Section 5A.3.

We may ask you to confirm your age, and we may close accounts that do not meet these requirements.

3. Account Registration and Security

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account
• Not create multiple accounts or accounts for others without permission
• Not impersonate any person or entity or misrepresent your affiliation

We reserve the right to suspend or terminate accounts that violate these Terms or for any reason at our sole discretion.

4. User Conduct and Acceptable Use

You agree NOT to use the App to:

• Create, upload, or share content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially or ethnically offensive
• Harass, bully, stalk, intimidate, or threaten other users
• Impersonate any person or entity or falsely claim an affiliation
• Upload content that infringes on intellectual property rights of others
• Transmit viruses, malware, or other malicious code
• Attempt to gain unauthorized access to the App, other accounts, or computer systems
• Interfere with or disrupt the App or servers connected to the App
• Use bots, scripts, or automated methods to interact with the App
• Manipulate votes, game outcomes, or exploit bugs for unfair advantage
• Engage in any activity that violates applicable laws or regulations
• Collect or harvest personal information of other users
• Use the App for commercial purposes without our written consent

We reserve the right to remove content and suspend or terminate accounts that violate these guidelines without prior notice.

5. Your Content

The App lets you create and share content: Top 5 lists, comments, votes, captions, profile photos and penalty videos (together, "User Content").

You own your User Content. Posting it to Top 5ive does not transfer ownership to us and never will.

What you do give us is permission to run the service — to receive your content, store it, process it into the formats the App needs, and show it to the people you shared it with. In legal terms: you grant us a non-exclusive, worldwide, royalty-free licence to host, store, back up, reproduce, re-encode, resize, excerpt and display your User Content, for the purpose of operating, securing and supporting Top 5ive and showing your content to the audience you chose.

That permission is deliberately limited:

• It is not perpetual. It lasts while your content is on Top 5ive and ends when you delete the content or your account, subject only to the narrow carve-outs in Section 5A.7.
• It is not a marketing licence. It does not let us advertise with your content or post it outside Top 5ive. Penalty videos have their own rules in Section 5A, and marketing there is opt-in only.
• We can only pass it on to our suppliers. We may sublicense it to the companies that host and deliver the App for us — for example our storage and content delivery providers — and only so they can do that job on our instructions. We do not sublicense it to anyone else, and we do not sell it.

You promise us that:

• You own your User Content, or otherwise have the rights needed to post it
• It does not infringe anyone else's rights
• It complies with these Terms and the law
• Everyone recognisable in it knows they were recorded and agreed to it being shared — see Section 5A.5, which explains exactly what that means

We do not endorse User Content and we are not responsible for content posted by other users. We may remove User Content that breaks these Terms.

5A. Penalty Videos — How Sharing Works

When you lose a game you may be asked to "Pay the Price" and record a penalty video. Those videos are the most personal thing on Top 5ive: they have your face and your voice in them, and usually your friends' faces too. This section explains, in plain language, what we may do with them and what we may not.

There are two separate permissions, and they are deliberately not bundled together:

• A. The operational permission — automatic, narrow, and only what is needed to make the video work inside the App.
• B. The marketing permission — never automatic. It applies only to a video you specifically opted in, one video at a time.

5A.1 The operational permission (automatic)

When you upload a penalty video, you give us permission to do the things we have to do to make the video work. That means we may:

• receive the file, store it and keep backups of it
• convert it — re-encode, compress, trim to the length limit, generate thumbnails and preview frames, add the Top 5ive watermark that appears on exported videos
• show it to the audience you chose: the players in your game, the friends you sent it to, or everyone in the Pay the Price feed if you posted it there
• review it if it is reported, and keep a copy while that review, an abuse investigation or a legal request is open

This permission is non-exclusive, worldwide and royalty-free. It is also limited:

• It is not perpetual. It lasts as long as the video is on Top 5ive. When you delete the video, or your account, it ends — see Section 5A.7.
• It does not cover marketing. It gives us no right to post your video to a Top 5ive social account, put it in an advertisement, or hand it to a marketing partner. Only Section 5A.2 does that, and only if you opt in.
• It is not transferable and barely sublicensable. We may pass it to the infrastructure providers who store and deliver video for us, acting on our instructions and nothing more. If Top 5ive is ever sold, the buyer takes on these Terms as they stand — this permission does not widen because the owner changed.

You keep ownership of your video the entire time.

5A.2 The marketing permission (opt-in, per video)

How it works. The choice is per video and it is off unless you switch it on. Turning it on for one video does not turn it on for any other video, past or future. We ask separately from the ordinary share or post action, and we tell you at that moment what you are agreeing to.

For a video you opted in, you give us a non-exclusive, worldwide, royalty-free permission to:

• post it to accounts operated by Top 5ive on services such as TikTok, Instagram, YouTube, X and Facebook
• include it in compilations, highlight reels, trailers, App Store screenshots and paid advertising for Top 5ive
• edit it for length, format, captions, music and branding — we may cut it down and caption it, we will not edit it to change what it means or to make it look like you said or did something you did not
• show your Top 5ive display name and profile photo alongside it as the credit
• let an agency or media partner do the above on our behalf, under a written agreement no wider than this section

It does not let us:

• sell or licence your video to an unrelated business for that business's own advertising
• present you as endorsing a product, brand or opinion, or use your video in political or issue advertising
• use it in any way that would break Section 5B
• carry on using it after you withdraw — see Section 5A.3

This permission lasts until you withdraw it or delete the video, whichever happens first.

5A.3 Changing your mind about marketing

You can withdraw marketing permission for any video at any time, in the App or by emailing support@top5ive.app. You do not need to give a reason. When you do:

• we stop using the video in any new post or campaign straight away
• we take it down from Top 5ive-operated social accounts within 7 days
• we tell any partner holding a copy to stop using it and delete it, and we require confirmation within 30 days

What withdrawing cannot do. It cannot undo use that already happened, and it cannot reach copies other people already have. If a video was posted publicly, people may have downloaded it, reposted it, or built duets and stitches on top of it. Those copies sit on other companies' services in other people's accounts, and we have no power to delete them. We will tell you honestly rather than promise a takedown we cannot deliver. That is exactly why the decision matters at the moment you make it.

5A.4 If you are 13 to 17: no marketing, ever

If your account says you are under 18, your penalty videos are never used for marketing. Not on our social accounts, not in an advertisement, not by a partner. The opt-in described in Section 5A.2 is not offered to accounts under 18. If it is ever shown to one by mistake, we will not rely on the answer.

If we discover that a video we used for marketing belonged to someone who was under 18 at the time, we treat it as a withdrawal under Section 5A.3 and act on it as an urgent priority rather than within the ordinary deadlines.

A perpetual, transferable right to commercial use of video of a child's face is not something a child can meaningfully give away in an app's terms, and we are not going to pretend otherwise.

5A.5 Other people in your video

The funniest clips usually have other people in them. Those people have not agreed to anything — you have. Before you record and upload:

• Everyone recognisable must know and agree. That includes the friends laughing in the background. Being in the room is not agreement. Ask them.
• Never record someone who said no, or someone who cannot meaningfully agree right then — asleep, unconscious, too drunk to follow what is happening, or a child who is not in your care.
• Never record where people expect privacy — bathrooms, changing rooms, bedrooms, someone else's home without the occupier's permission. Some places also have laws about recording people, and those laws apply to you.
• If someone in your video asks you to take it down, take it down. They do not owe you a reason.

If you appear in someone else's video and you want it gone, email support@top5ive.app. You do not need a Top 5ive account, you do not need to prove that you never agreed, and you do not need to explain why. We will remove the video from Top 5ive and from any Top 5ive social account it reached, on the timeline in Section 5A.7.

The App shows you these rules before you start recording. Reading them and recording anyway is how you confirm you have everyone's agreement. You are responsible for having actually got it — and if someone tells us you did not, we will take the video down.

5A.6 When other players reshare your video

Other Top 5ive players can share your penalty video using the sharing buttons in the App — into a group chat, or out to TikTok, Instagram or anywhere else. That is a core part of how the game works and we are not going to pretend it is an edge case.

Be clear about what that means:

• Once your video is shared outside Top 5ive, it has left. It is sitting on a service we do not control, in an account belonging to someone we do not control.
• It cannot be recalled. Deleting the video from Top 5ive removes it from Top 5ive. It does not reach a copy someone already saved, forwarded or reposted, and no request to us can pull it back.
• Videos exported from the App carry Top 5ive branding, so a reshared clip is identifiable as coming from here.
• If you are not comfortable with that, choose the narrowest audience the App offers you and do not post the video to the public Pay the Price feed. That decision is the real control — it is much stronger than any deletion request afterwards.

If a video of you has been reshared somewhere you want it gone from, contact the platform it is on — most have their own reporting process for this — and tell us as well, so we can remove the original and stop it spreading further from here.

5A.7 Deleting your video, and what we promise

You can delete any penalty video from the App at any time, and you can delete your whole account from Settings > Account > Delete Account. When you do, here is what happens and when:

• Immediately: the video stops being served. It disappears from the Pay the Price feed, from your profile and from anywhere else in the App.
• Within 7 days: if it was ever posted to a Top 5ive social account, we take that post down.
• Within 30 days: the video file, its thumbnails and its transcoded versions are deleted from our storage, including from backups as those backups cycle out.
• Within 30 days: any marketing partner holding a copy is instructed to stop using it and delete it, and must confirm they have.
• Deleting your account does all of the above for every video on the account, without you having to delete them one by one.

The honest exceptions. There are three things we may keep, and we would rather name them than bury them:

• An open case. If the video is the subject of a live abuse report, safety investigation, law-enforcement request or legal claim, we keep a copy for that purpose only, for as long as that matters, and delete it when it is over.
• A fingerprint, not the video. Where a video was removed for a serious rule violation, we may keep a mathematical hash of it — not anything watchable — so the same clip cannot simply be uploaded again.
• Copies that already left our systems. If another player reshared it, a viewer downloaded it, or it was posted to another platform, we cannot delete those. We do not hold them and we have no access to them. This is true of every video ever put on the internet, and telling you otherwise would be worse than useless.

Nothing in this section limits any right you have to erasure of your personal data under laws such as the GDPR or the CCPA/CPRA. Where those rights apply and we have no lawful basis to keep something, we delete it. To make that kind of request, email privacy@top5ive.app, and see our Privacy Policy.

5A.8 We do not pay for videos

You are not paid, and earn no royalties or revenue share, for your penalty videos — whether they stay in the App or you opt them in to marketing. If we ever want to pay someone for a video, we will ask them separately and agree it in writing. This section is not that agreement.

5A.9 Your name, face and voice

For a video you opted in to marketing under Section 5A.2, you agree that we may show your face, your voice and your Top 5ive display name in the ways that section describes, and you agree not to bring a claim against us for that specific use.

That is all it is. To be explicit, it is not:

• a general waiver of your privacy or publicity rights — you keep those, including against anyone else
• applicable to any video you did not opt in
• applicable to anyone else who appears in your video; they have given us nothing
• a waiver of any right that cannot be waived under the law where you live

5A.10 What you promise us about a penalty video

By uploading a penalty video you confirm that:

• it is yours to upload
• everyone recognisable in it knew they were being recorded and agreed to it being shared on Top 5ive, as described in Section 5A.5
• you did not record it anywhere people had a reasonable expectation of privacy
• if you opt it in to marketing, you have told the other people in it that you have done so
• it does not break Section 4 or Section 5B
• the age on your account is accurate

5B. Objectionable Content and Abusive Users - Zero Tolerance

There is no tolerance for objectionable content or abusive behaviour on Top 5ive. Content that is illegal, sexually explicit, hateful, harassing, violent, graphic, or that targets, threatens or degrades another person is not permitted anywhere in the App — not in penalty videos, not in comments, not in chat, not in usernames, lists or custom topics.

How to report it. Every place another person's content or profile appears in the App carries a report control:

• Penalty videos in the Pay the Price feed — tap the Report flag on the video
• Chat conversations — tap the … menu at the top of the conversation and choose Report
• In-game chat — press and hold the message and choose Report
• Players — open the player from a game, the feed, your friends list or a story and choose Report
• Any player can also be blocked from the same menu. A blocked player cannot message you, appear in your feed, chat or leaderboards, or send you friend or game invites, and blocking takes effect immediately.

What we do about it.

• Every report is reviewed. Content found to be objectionable is removed and the user responsible is ejected from the service within 24 hours of the report — removed content is deleted from the App and its hosted video file is permanently deleted, not merely hidden.
• Reports are also acted on automatically. Content reported by multiple people is removed immediately pending review, and an account that draws repeated reports is muted and then permanently banned without waiting for a human.
• Ejection is permanent for serious violations. A banned account cannot sign in, and we may refuse service to anyone who creates a new account to evade a ban.
• Filing reports in bad faith — to harass someone or to get content removed that does not violate these Terms — is itself a violation of these Terms and may result in the loss of your own account.

If something needs urgent attention, or you believe a report was not acted on, email support@top5ive.app and we will respond directly.

6. Penalty System - IMPORTANT DISCLAIMER

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:

• Voluntary Participation: All penalties are completely voluntary. You are never required to perform any penalty. You may skip any penalty at any time.
• Personal Responsibility: You are solely responsible for your decision to perform any penalty and for any consequences that may result.
• Assumption of Risk: You assume all risks associated with performing penalties, including but not limited to physical injury, emotional distress, embarrassment, damage to reputation, or any other harm.
• No Liability: THE COMPANY SHALL NOT BE LIABLE FOR ANY INJURIES, DAMAGES, LOSSES, OR HARM OF ANY KIND ARISING FROM OR RELATED TO THE PENALTY SYSTEM, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE.
• Use Good Judgment: You agree to use good judgment and not perform any penalty that could result in harm to yourself or others, damage to property, or violation of any law.
• No Coercion: You agree not to pressure, coerce, or force other users to perform penalties they are uncomfortable with.
• Recording Other People: If you record a penalty video, everyone recognisable in it must know they are being recorded and agree to it being shared — including anyone in the background. Section 5A.5 sets out what that means in practice and how someone who appears in a video can have it removed.
• Sharing Is Your Choice: Recording a penalty video does not oblige you to post it publicly, and posting it publicly does not give us marketing rights. See Section 5A.

7. In-App Purchases and Virtual Currency

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.

7A. Top 5ive VIP Auto-Renewing Subscription

Top 5ive offers Top 5ive VIP, an auto-renewing subscription available in two lengths:

• Top 5ive VIP Monthly — $6.99 USD per month, renewing every month
• Top 5ive VIP Yearly — $54.99 USD per year, renewing every year

What the subscription includes: no interstitial ads, exclusive power-ups in online games, 3 free daily watches in the Pay the Price feed, a monthly bonus of 2,000 coins and 15 gems, the VIP Crown badge, exclusive list categories, unlimited photo and video messaging, and priority support. Prices are in U.S. dollars and may vary by country; the exact price for your region and the length of any introductory free trial are shown on the purchase screen in the App before you confirm.

Billing: Payment is charged to your Apple ID account at confirmation of purchase. The subscription automatically renews unless it is cancelled at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours prior to the end of the current period, at the price of the subscription you selected. No cancellation of the current subscription is allowed during the active subscription period.

Free trials: If a free trial is offered and you accept it, any unused portion of the trial is forfeited when you purchase a subscription. If you do not cancel at least 24 hours before the trial ends, the trial converts to a paid subscription at the price listed above.

Managing and cancelling: You can manage your subscription and turn off auto-renewal at any time in Settings > [your name] > Subscriptions on your iOS device, or at apps.apple.com/account/subscriptions. Deleting the App does not cancel your subscription. Refund requests for App Store purchases are handled by Apple at reportaproblem.apple.com.

Changes: We may change subscription pricing or benefits. Any price change takes effect only at the start of a renewal period following notice to you, and you may cancel before it takes effect.

Subscriptions purchased through the App Store are also governed by Apple's standard Licensed Application End User License Agreement.

8. Intellectual Property

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.

8A. Copyright Complaints (DMCA)

If you believe material in the App copies your work, send a notice to copyright@top5ive.app. To be effective under the Digital Millennium Copyright Act your notice must include: your physical or electronic signature; identification of the copyrighted work; identification of the material you want removed and where to find it; your name, address, telephone number and email; a statement that you believe in good faith the use is not authorised by the copyright owner, its agent, or the law; and a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorised to act for them.

Counter-notice. If your material was removed and you believe that was a mistake or misidentification, send a counter-notice to the same address with your signature, identification of the removed material and where it appeared, a statement under penalty of perjury that you believe in good faith it was removed by mistake, and your name, address, telephone number and consent to the jurisdiction of the federal court for your district. We may restore the material after ten business days unless the complainant notifies us they have filed a court action.

Repeat infringers. We close, in appropriate circumstances, the accounts of users who repeatedly infringe copyright. Sending a notice you know to be false can make you liable for damages under 17 U.S.C. § 512(f).

8B. Other People's Content and Moderation

Most of what you see in the App was created by other users. We do not write it, we do not endorse it, and we are not its author or publisher. Opinions, claims, dares and challenges posted by other users are theirs.

We are not obliged to review, screen or monitor user content before it appears, and moderating in one case does not commit us to doing so in another. We may remove content that breaks these Terms, is unlawful, targets a person, or puts someone at risk of harm, with or without notice. Removing something is not an admission that it was unlawful, and leaving something up is not a statement that we agree with it. You can report content from the report control on the content itself, and block a user to stop seeing their content and stop them contacting you.

8C. Game Mechanics, Rewards and Time Spent

The App uses streaks, daily rewards, combo multipliers, near-miss feedback, limited-time offers and unlock teasers. These are designed to be engaging, and we would rather say so than let you discover it. None of it is a game of chance and none of it pays out anything of real-world value; coins and gems cannot be exchanged for money, and nothing in the App is gambling.

You choose how long you play. There is no penalty for stopping, and a streak is a cosmetic reward rather than something you owe us. Timed offers and countdowns are marketing: taking one is always optional, and declining one never reduces access to gameplay you already paid for. iOS Screen Time can set a daily limit on the App, and a parent or guardian can set one on a minor's device. If you are the parent or guardian of a user aged 13 to 17, we recommend doing so and reviewing what your child shares.

9. Privacy

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.

10. Disclaimer of Warranties

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.

11. Limitation of Liability

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.

12. Indemnification

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.

13. Dispute Resolution and Arbitration

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.

14. Governing Law

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.

15. Termination

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.

16. Changes to Terms

We may update these Terms. For minor changes, we will post the updated Terms in the App and on this page and update the "Last updated" date.

For material changes — and any change that would widen what we may do with your penalty videos always counts as material — we will not rely on your silence. The App will show you the change and ask you to accept it before you carry on using Top 5ive. If you do not accept, you can stop using the App and delete your account, and Section 5A.7 applies to your videos.

A widened marketing permission never applies retroactively. If we ever change Section 5A, the version you agreed to when you opted a video in is the version that governs that video.

17. Severability

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.

18. Entire Agreement

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.

19. Contact Us

If you have any questions about these Terms, please contact us at: support@top5ive.app