Terms and Conditions
Last Updated: January 30, 2026
AGREEMENT TO OUR LEGAL TERMS
These Terms and Conditions ("Legal Terms") are a binding agreement between you ("you") and EXISE LLC, doing business as FiveOn ("Company," "we," "us," or "our"), governing your use of the FiveOn mobile application (the "App") and related services (the "Services").
By using the Services, you agree to these Legal Terms. If you do not agree, you must stop using the Services immediately.
1. OUR SERVICES
The Services let friends create and participate in fun, social predictions during events like golf outings, parties, office gatherings, and more.
- Platform for Record-Keeping Only. The Services act solely as a digital ledger and scoreboard to track social interactions and outcomes. We do not offer real-money gambling, we do not accept wagers, and we do not distribute winnings.
- No Financial Liability. You acknowledge that any "stakes" or "debts" tracked within the App are non-binding records created by users. EXISE LLC is not a party to any wager and has no obligation to enforce, collect, or settle debts between participants.
- No Payment Processing. We do not process, hold, transmit, or facilitate money between participants. Any exchange of funds happens entirely off the platform, directly between participants, using third-party services (e.g., Venmo, PayPal).
- Local Compliance. You are responsible for ensuring your use of the Services complies with your local laws.
2. INTELLECTUAL PROPERTY RIGHTS
All content, trademarks, logos, and designs in the Services (the "Content" and "Marks") are owned or licensed by EXISE LLC.
- You may use the Services for personal, non-commercial purposes only.
- You may not copy, reproduce, distribute, or exploit the Content or Marks without our written consent.
3. USER REPRESENTATIONS
By using the Services, you confirm that:
- You are at least 18 years old.
- The information you provide is accurate.
- You will not use the Services for unlawful purposes, including gambling or unauthorized money transfers.
- You will comply with all applicable laws.
4. USER REGISTRATION, SMS & EMAIL CONSENT
You may need to create an account. You are responsible for keeping your login credentials secure.
SMS Messaging
- At signup, you may explicitly opt in to receive SMS messages from us. Only users who opt in will receive texts.
- By opting in, you consent to receive account reminders, event updates, support messages, and promotions.
- Message frequency may vary. Standard message and data rates may apply.
- Reply STOP to unsubscribe or HELP for assistance.
- Consent to SMS is not required for use or purchase.
- We are not responsible for delayed or undelivered messages.
Email Messaging
- Transactional emails (e.g., account setup, event notifications, confirmations, critical updates) are required and sent to all users. You cannot unsubscribe from these.
- Marketing emails (e.g., promotions, product news, newsletters) are sent only to users who explicitly opt in at signup. You may unsubscribe from marketing emails at any time by clicking "unsubscribe" in the email or contacting hello@fiveonapp.com.
5. PROHIBITED ACTIVITIES
You agree not to:
- Use the Services for unlawful or fraudulent purposes.
- Attempt to use the App for gambling or unauthorized payments.
- Interfere with the operation of the Services or upload harmful code.
- Misrepresent your identity or harass other users.
6. USER CONTRIBUTIONS
You may submit content such as comments, event details, or suggestions ("Contributions"). By doing so, you grant us a worldwide, royalty-free license to use and display your Contributions to operate and improve the Services. You represent that you own or have rights to your Contributions and that they are lawful and appropriate.
7. IN-APP PURCHASES
The App may offer premium features or digital content ("Digital Goods").
- All purchases of Digital Goods are final and non-refundable, except where required by law or the policies of the Apple App Store or Google Play.
- Premium access unlocks features in the App; it does not entitle you to winnings or payouts.
- Prices and features may change without notice.
8. THIRD-PARTY SERVICES & OFF-PLATFORM SETTLEMENT
The Services may link to third-party sites or tools. We do not control or endorse them.
Off-Platform Settlement: Any exchange of money between participants happens outside the App, at participants' own risk. We are not responsible for disputes, fraud, or non-payment.
Ledger Accuracy & Disputes: While we strive for accuracy, we do not guarantee that the App's calculations, scoreboards, or history logs will be error-free. You agree that EXISE LLC is not liable for any financial loss or social dispute arising from incorrect scoring, data glitches, or "buggy" leaderboards. It is the sole responsibility of the Host and Participants to verify results before settling up off-platform.
9. DISCLAIMER
The Services are provided "AS IS" and "AS AVAILABLE." To the fullest extent permitted by law, we disclaim all warranties, express or implied.
- The Services are for entertainment and record-keeping only. We are not a gambling operator, financial institution, or payment processor.
- We do not guarantee SMS or email delivery.
- We are not responsible for participant-to-participant disputes.
10. LIMITATIONS OF LIABILITY
To the fullest extent permitted by law, we are not liable for indirect, incidental, or consequential damages, including lost profits or lost data.
Our total liability to you will never exceed the amount you paid us, if any, in the six (6) months before your claim.
11. INDEMNIFICATION
You agree to indemnify and hold harmless EXISE LLC, its officers, employees, and affiliates from claims, damages, or expenses arising from your use of the Services, your Contributions, or your violation of these Legal Terms.
12. TERMINATION
We may suspend or terminate your account at any time, without notice, if you violate these Legal Terms or applicable laws.
13. MODIFICATIONS & INTERRUPTIONS
We may modify, suspend, or discontinue the Services at any time. We are not liable for downtime, interruptions, or feature changes.
14. GOVERNING LAW & DISPUTE RESOLUTION
These Legal Terms are governed by the laws of the State of Missouri, United States.
Disputes will first be addressed through good faith negotiations. If unresolved, disputes will be submitted to binding arbitration in St. Louis, Missouri, under the rules of the American Arbitration Association (AAA).
Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
15. MISCELLANEOUS
- These Legal Terms are the entire agreement between you and us.
- If any part is found unenforceable, the rest remains valid.
- Our failure to enforce any provision does not waive our rights.
- You are responsible for ensuring your use of the Services complies with your local laws.
16. CONTACT US
EXISE LLC
Email: hello@fiveonapp.com