TERMS OF SERVICE

Last updated March 27, 2025

AGREEMENT TO OUR LEGAL TERMS

We are FiveUpClub (“Company,” “we,” “us,” “our”), a company registered in China at __________, Shanghai.
We operate the mobile application FiveUp (the “App”) and any other related products and services that refer to or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).
FiveUp is a puzzle game available on iOS and Android platforms. Players are challenged to perform simple math calculations within a set time limit. The game tests quick thinking and mental arithmetic skills, providing a fun and engaging way to improve mathematical abilities.
You can contact us by phone at (+86)13681633326, email at mail@fiveupclub.com, or by mail to __________, Shanghai, Shanghai, China.

These Legal Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and FiveUpClub, concerning your access to and use of the Services. By accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these Legal Terms, then you are expressly prohibited from using the Services and must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time. We will notify you about any changes by updating the “Last updated” date of these Legal Terms. However, you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. Your continued use of the Services after the date such revised Legal Terms are posted will constitute your acceptance of the changes in any revised Legal Terms.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms before you can use the Services.

We recommend that you print a copy of these Legal Terms for your records.

1. OUR SERVICES

The information you provide when using our services is not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or where it would subject us to any registration requirement within such jurisdiction or country. Therefore, if you choose to access our services from other locations, you do so at your own risk and are solely responsible for compliance with local laws, if applicable.
Our services are not tailored to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). If your interactions would be subject to such laws, you may not use our services. Additionally, you may not use our services in a manner that violates the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property rights are protected by law. We are the sole owner or licensee of all intellectual property rights in our Services, encompassing all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”) as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are safeguarded by copyright and trademark laws, along with various other intellectual property rights and unfair competition laws, and treaties in the United States and globally.
The Content and Marks are provided to you “AS IS” for your personal, non-commercial use only.

Your Use of Our Services
Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:

• Access the Services.
• Download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.

3. USER REPRESENTATIONS

By using the platform, you represent and warrant that all registration information you submit is true, accurate, current, and complete. You will maintain the accuracy of such information and promptly update it as necessary. You have the legal capacity to use the platform and agree to comply with these Legal Terms. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the platform. You will not access the platform through automated or non-human means, such as bots or scripts. You will not use the platform for any illegal or unauthorized purpose, and your use of the platform will not violate any applicable law or regulation.
If you provide any inaccurate, outdated, or incomplete information, we have the right to suspend or terminate your account and refuse any future use of the Services (or any portion thereof).

4. USER REGISTRATION

When registering for the Services, you may be required to provide personal information. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that it is inappropriate, obscene, or otherwise objectionable.

5. PRODUCTS

The availability of products is subject to change. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

6. PURCHASES AND PAYMENT

We accept the following forms of payment: Google Play balance (gift cards, store credit), and Apple Pay. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including your email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees. You authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through our Services. In our sole discretion, we may limit or cancel quantities purchased per person, household, or order. These restrictions may apply to orders placed by or under the same customer account, payment method, or billing/shipping address. We also reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors, in our sole judgment.
Before making any purchases, please review our Return Policy: Google Play - https://support.google.com/googleplay/answer/2479637, App Store - https://support.apple.com/en-us/HT204084.

7. REFUNDS POLICY

All in-app purchases, including one-time transactions and subscriptions, are processed through third-party platforms like Google Play Store and Apple App Store. Consequently, FiveUp doesn't process refunds directly. All refund requests must be submitted through the respective platform and adhere to their policies. FiveUp is not responsible for their decisions regarding refunds.
Users can cancel their subscription at any time through the Google Play Store or Apple App Store settings. Cancellation prevents future charges but doesn't result in a refund for the current billing period.
FiveUp does not guarantee refunds, compensation, or account adjustments for accidental purchases, dissatisfaction, or failure to cancel a subscription before renewal. By making a purchase, you acknowledge and agree to abide by these terms.

8. PROHIBITED ACTIVITIES

You may not access or use our Services for any purpose other than those for which we make them available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of our Services, you agree not to:

• Systematically retrieve data or other content from our Services to create or compile a collection, compilation, database, or directory without our written permission.
• Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of our Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of our Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm us or our Services in our opinion.
• Use any information obtained from our Services to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use our Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to our Services.
• Upload or transmit viruses, Trojan horses, or other harmful material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that disrupts or interferes with any party's uninterrupted use and enjoyment of the Services.
• Engage in automated use of the system, such as using scripts to send comments or messages, or using data mining, robots, or similar tools for data gathering and extraction.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person, or use the username of another user.
• Upload or transmit any material that acts as a passive or active information collection or transmission mechanism, including clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as permitted by standard search engine or Internet browser usage, you are prohibited from using, launching, developing, or distributing any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services. Additionally, you are not allowed to use or launch any unauthorized script or other software.
• You may use a buying agent or purchasing agent to make purchases on the Services.
• It is strictly prohibited to make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, creating user accounts by automated means or under false pretenses, or using the Services for any revenue-generating endeavor or commercial enterprise.
• You are not permitted to use the Services to advertise or offer to sell goods and services.
• You are not allowed to sell or otherwise transfer your profile.
• Cheating or exploiting the game is strictly prohibited.
• You are prohibited from using any part of the Services (including nicknames, country names, or leaderboard entries) to advertise or promote third-party products, services, websites, or contact information.
• You are not permitted to include phone numbers, email addresses, social media handles, or other personal/third-party contact details in editable fields or gameplay.
• Selling, renting, sharing, or transferring your account (including scores, in-game progress, or purchased content like ad-free status) is strictly prohibited.
• The use of unauthorized scripts, bots, or automation tools to manipulate gameplay, scores, or timers is strictly prohibited.
• You are not permitted to access or use accounts that were not originally registered to you.
• Modifying local game data, network traffic, or Firebase communications to falsify results is strictly forbidden.
• Intentionally exploiting bugs, glitches, or unintended game mechanics to gain unfair advantages (e.g., infinite time, fake scores) is strictly prohibited.
• Reverse engineering, decompiling, or disassembling the game's source code, protocols, or infrastructure is not allowed.
• Interfering with other users' gameplay through spamming, fake reporting, or harassment is strictly prohibited.
• Launching attacks on game servers or infrastructure, such as DDoS attacks or brute-force attempts, is strictly forbidden.
• Impersonating other users, developers, or entities within the game or its services is prohibited.
• Posting offensive, discriminatory, or illegal content in any user-editable field is not allowed.

9. USER GENERATED CONTRIBUTIONS

The Services does not offer users the opportunity to submit or post content. However, users may have the chance to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to the Services or on the Services. This includes text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, and other material (collectively, “Contributions”).

Contributions may be viewed by other users of the Services and through third-party websites. As a result, any Contributions you transmit may be subject to the Services' Privacy Policy.

When you create or make available any Contributions, you represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not infringe the proprietary rights of any third party, including but not limited to copyright, patent, trademark, trade secret, or moral rights.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and authorize the Services, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
• You have given written consent, permission, or release to each identifiable individual person in your Contributions to use their name or likeness to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
• Your Contributions must be truthful, accurate, and not misleading.
• Your Contributions cannot be unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions must not be obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions cannot ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions cannot be used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
• Your Contributions cannot violate any applicable law, regulation, or rule.
• Your Contributions cannot violate the privacy or publicity rights of any third party.
• Your Contributions cannot violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contributions cannot include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions cannot otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

10. CONTRIBUTION LICENSE

You and the Services agree that we may access, store, process, and use any information and personal data that you provide, following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or feedback on the Services, you consent to our use and sharing of such feedback for any purpose without compensation.

We do not claim ownership of your contributions. You retain full ownership of all your contributions and any intellectual property rights or other proprietary rights associated with them. We are not liable for any statements or representations made in your contributions on the Services. You are solely responsible for your contributions to the Services and expressly agree to absolve us of any and all responsibility and refrain from taking any legal action against us regarding them.

11. MOBILE APPLICATION LICENSE

Use License

If you access the Services through the App, we grant you a revocable, non-exclusive, non-transferable, and limited right to install and use the App on wireless electronic devices owned or controlled by you. You may also access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms.

However, there are certain restrictions you must follow:

• You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App, except as permitted by applicable law.
• You may not make any modifications, adaptations, improvements, enhancements, translations, or derivative works from the App.
• You may not violate any applicable laws, rules, or regulations in connection with your access or use of the App.
• You may not remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App.
• You may not use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
• You may not make the App available over a network or other environment permitting access or use by multiple devices or users at the same time.
• You may not use the App to create a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App.
• You may not use the App to send automated queries to any website or to send any unsolicited commercial email.
• You may not use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

Please note that these restrictions apply to both Apple and Android devices.

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Services:

• The license granted to you for our App is a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service.
• We are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor. The App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App.
• You represent and warrant that you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country, and that you are not listed on any US government list of prohibited or restricted parties.
• You must comply with applicable third-party terms of agreement when using the App. For example, if you have a VoIP application, you must not be in violation of their wireless data service agreement when using the App.
• You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms. Each App Distributor will have the right (and will be deemed to have accepted the right) to Enforce the terms and conditions outlined in this mobile application license, which are contained within these Legal Terms, against you as a third-party beneficiary thereof.

12. SOCIAL MEDIA

As part of the Services' functionality, you can link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account"). You can do this by providing your Third-Party Account login information through the Services or by allowing us to access your Third-Party Account, as permitted by the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you have the right to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account without breaching any terms and conditions that govern your use of the applicable Third-Party Account. Additionally, you will not be obligated to pay any fees or subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that we may access, make available, and store (if applicable) any content you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Services via your account, including without limitation any friend lists.

Furthermore, we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and the privacy settings you've set in those accounts, personally identifiable information you post to those accounts may be available on and through your account on the Services. However, if a Third-Party Account or its associated service becomes unavailable or our access to it is terminated by the third-party service provider, Social Network Content may no longer be available on and through the Services. You can disable the connection between your account on the Services and your Third-Party Accounts at any time. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreements with those service providers. We do not review any Social Network Content for any purpose, including but not limited to, accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a third-party account and your contacts list stored on your mobile device or tablet computer solely for the purpose of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information provided below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except for the username and profile picture that become associated with your account.

13. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to other websites ("Third-Party Websites") or articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). These Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply our approval or endorsement thereof. If you decide to leave the Services and access the Third-Party Websites or use or install any Third-Party Content, you do so at your own risk. These Legal Terms no longer govern your actions. You should review the applicable terms and policies, including privacy and data gathering practices, of any website you navigate from the Services or any applications you use or install from the Services. Any purchases made through Third-Party Websites will be made through other websites and companies, and we are not responsible for such purchases made exclusively between you and the applicable third party. You acknowledge that we do not endorse the products or services offered on Third-Party Websites and hold us blameless for any harm caused by your purchase of such products or services. Additionally, you hold us blameless for any losses sustained by you or harm caused to you due to or resulting from any Third-Party Content or contact with Third-Party Websites.

14. ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space for such advertisements and have no other relationship with advertisers.

15. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to monitor the Services for violations of these Legal Terms. If we find any violations, we may take appropriate legal action against anyone who violates the law or these Legal Terms, including reporting such users to law enforcement authorities. We may also refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof. Additionally, we may remove from the Services or otherwise disable all files and content that are excessive in size or burdensome to our systems. Finally, we may manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

16. PRIVACY POLICY

Our Privacy Policy provides further information about how we handle your personal information.

We prioritize data privacy and security. Please review our Privacy Policy: https://www.fiveupclub.com/privacy_notice.html. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please note that the Services are hosted in the United States. If you access the Services from any other region with laws or requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then by continuing to use the Services, you are transferring your data to the United States and expressly consent to its transfer and processing there.

17. TERM AND TERMINATION

These Legal Terms remain in full force and effect while you use the Services. Without limiting any other provision of these Legal Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses) to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation. We may also terminate your use or participation in the Services or delete your account and any content or information you posted at any time, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

18. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

19. GOVERNING LAW

These Legal Terms shall be governed by and defined following the laws of China. FiveUpClub and yourself irrevocably consent that the courts of China shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

20. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC. As a result of referring to it, the ICAC is considered a part of this clause. The number of arbitrators shall be one (1). The seat of arbitration shall be Shanghai, China. The language of the proceedings shall be Chinese. The governing law of these Legal Terms shall be substantive law of China.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between them individually. To the fullest extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated 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.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable. Such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

21. CORRECTIONS

There might be typographical errors, inaccuracies, or omissions in the Services, including descriptions, pricing, availability, and other information. We have the right to correct any errors, inaccuracies, or omissions and to modify or update the information on the Services at any time, without prior notice.

22. DISCLAIMER

The services are provided on an "as-is" and "as-available" basis. You agree that your use of the services will be at your sole risk. To the fullest extent permitted by law, we hereby disclaim all warranties, express or implied, in connection with the services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations regarding the accuracy or completeness of the services' content or the content of any websites or mobile applications linked to the services. We will not be liable or responsible for any errors, mistakes, or inaccuracies in content and materials, personal injury or property damage resulting from your access to and use of the services, unauthorized access to or use of our secure servers and/or any personal or financial information stored therein, interruptions or cessations of transmission to or from the services, bugs, viruses, Trojan horses, or similar issues transmitted through the services by any third party, or errors or omissions in content and materials resulting in any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through our services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or environment, you should use your best judgment and exercise caution where appropriate.

23. LIMITATIONS OF LIABILITY

In no event will we, our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action will always be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

24. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

1. Use of the Services
2. Breach of these Legal Terms
3. Any breach of your representations and warranties set forth in these Legal Terms
4. Your violation of the rights of a third party, including but not limited to intellectual property rights
5. Any overt harmful act toward any other user of the Services with whom you connected via the Services

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

25. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting our services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically, via email and on our services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via our services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature, delivery, or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

27. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, by telephone at (800) 952-5210 or (916) 445-1254.

28. MISCELLANEOUS

These Legal Terms, along with any policies or operating rules posted on the Services or in connection with them, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not be construed as a waiver of such right or provision. These Legal Terms shall be interpreted and applied to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We shall not be held responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is found to be unlawful, void, or unenforceable, that provision or part shall be deemed severable from the entire agreement and shall not affect the validity and enforceability of any remaining provisions. These Legal Terms do not create a joint venture, partnership, employment, or agency relationship between you and us. You agree that these Legal Terms will not be construed against us simply because we drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms or the lack of signing by the parties hereto to execute them.

29. AGE RESTRICTION CLAUSE

FiveUp is designed for children aged 4 and above. However, in compliance with the Children's Online Privacy Protection Act (COPPA), we require verifiable parental consent before collecting, using, or disclosing personal information from users under 13 years of age.

If your child is under 13, you (the parent/guardian) must review and agree to our Privacy Policy. Additionally, you must control your child's account and in-app purchases.

We collect only the minimum necessary information for gameplay, such as nicknames, countries, and scores. We do not enable social features or behavioral advertising for underage users. Parents may review, edit, or request deletion of their child's data by contacting us at mail@fiveupclub.com.

We are not liable for unauthorized use by children under 13 if parental consent was not obtained. Parents assume full responsibility for monitoring their child's access to the game.

30. DATA COLLECTION AND PRIVACY CLAUSE

FiveUp collects minimal user information necessary for providing its core functionalities, including user-selected nicknames and country preferences for leaderboard display. By using FiveUp, you acknowledge and agree that any data you provide is voluntary and limited to game-related functions. Your information is processed solely for internal use, such as leaderboard ranking and game analytics. FiveUp does not collect personally identifiable information (PII) such as full names, addresses, phone numbers, or contact details. FiveUp is not responsible for any misuse of data by third parties, including unauthorized access due to security breaches beyond our control. For further details on data handling and user rights, please review our Privacy Policy.

31. REFUND AND CANCELLATION CLAUSE

All in-app purchases, including one-time transactions and subscriptions, are processed through third-party platforms like Google Play Store and Apple App Store. Consequently, FiveUp doesn't process refunds directly. All refund requests must be submitted through the respective platform and adhere to their policies. FiveUp is not responsible for their decisions regarding refunds.

Users can cancel their subscription at any time through the Google Play Store or Apple App Store settings. Cancellation prevents future charges but doesn't result in a refund for the current billing period.

FiveUp does not guarantee refunds, compensation, or account adjustments for accidental purchases, dissatisfaction, or failure to cancel a subscription before renewal. By making a purchase, you acknowledge and agree to abide by these terms.

32. LIMITATION OF LIABILITY CLAUSE

To the maximum extent permitted by law, FiveUp, its developers, affiliates, and licensors shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from:

• Use or inability to use FiveUp, including errors, interruptions, or technical failures.
• Loss of data, in-app purchases, or account access due to device issues, platform restrictions, or third-party service failures.
• Decisions made by Google Play Store or Apple App Store, including but not limited to refund denials, payment disputes, or account suspensions.
• Any unauthorized access to user data, unless caused by our gross negligence or willful misconduct.

In any case, our total liability shall not exceed the amount you have paid for FiveUp within the last three (3) months. If you have made no purchases, our liability shall be zero.

By using FiveUp, you acknowledge that you assume full responsibility for your use of the Services and agree to hold us harmless from any claims related to your usage.

33. CONTACT US

To resolve a complaint about the Services or obtain more information about their use, please contact us at: