Fiveamp

Fiveamp Terms of Service

Last Updated: July 7, 2026

The short version (for convenience only — the full Terms below are what's binding):

Contents:

  1. Acceptance and Changes
  2. Eligibility and Age
  3. Accounts
  4. License
  5. Virtual Items, Purchases, and Subscriptions
  6. Rules of Conduct
  7. Feedback and Player Names
  8. Intellectual Property and Copyright Complaints
  9. Third-Party Services and Advertising
  10. Promotions
  11. Termination
  12. Disclaimer of Warranties
  13. Limitation of Liability
  14. Indemnification
  15. Dispute Resolution and Arbitration
  16. General

1. ACCEPTANCE AND CHANGES

The Terms of Service ("Terms") you are reading are a legally binding agreement that governs the relationship between Fiveamp, as defined below, and yourself ("you") and your use of Fiveamp's games, websites, and related products for the web, mobile, or any other applicable platforms and/or devices (the "Service"). In these Terms, "Fiveamp" refers to FIVEAMP LLC and its affiliates, which shall mean subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership. We may also refer to Fiveamp as "we" or "us".

BY ACCESSING OR USING THE SERVICE AND ACCEPTING THESE TERMS, YOU AGREE 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 SERVICE.

Use of the Service is also governed by Fiveamp's Privacy Policy, available at https://fiveamp.com/legal/privacy, which is incorporated into these Terms by reference. Fiveamp may also publish rules for specific services, such as promotions or subscriptions, that state they are part of these Terms ("Additional Terms"; together with the Terms and the Privacy Policy, "Fiveamp's Terms").

Fiveamp may revise Fiveamp's Terms at any time by posting the amended version on or within the Service. Your continued use of the Service after a change constitutes your acceptance of the revised Fiveamp's Terms; if you do not agree, your only remedy is to stop using the Service and cancel any Accounts you have created. Please check Fiveamp's Terms periodically. If you access the Service through a platform or store such as Apple, Google, Steam, Microsoft, or Sony, you must also comply with that platform's terms.

The Service is evolving: we may update the Service and our games (including remotely, with or without notice), and we may modify, limit, suspend, or discontinue all or any part of the Service at any time, temporarily or permanently, without liability to you. Some games may be offered in early access, beta, or other pre-release form: they are works in progress, and their content, features, balance, and save data may change, be reset, or be removed as development continues.

2. ELIGIBILITY AND AGE

The Service is not intended for children under the age of 13, and no one under 13 may create an Account or use the Service. If you are between 13 and 18 years of age, your parent(s) and/or legal guardian(s) must review and agree to these Terms and permit you to use the Service. At our sole discretion, we may require proof that you meet these age requirements ("Age Guidelines"); failure to comply will result in the closing of your Account and the loss of all Virtual Items (as defined below).

If you permit a minor to use the Service through your Account or devices, you are responsible for monitoring that use, for restricting use by anyone who does not meet the Age Guidelines, and for any use of your payment instruments by minors.

You may not use the Service if you have previously been removed or banned by Fiveamp, if you are located in a country embargoed by the United States, or if you are on the U.S. Treasury Department's list of Specially Designated Nationals.

3. ACCOUNTS

You may access the Service via an account with the company that provides your platform, such as an Apple account. When creating an account with us (an "Account"), you may be required to select a password or allow us to access your account information from a platform service ("Login Information"). You are responsible for keeping your Login Information secure, and references to Login Information include any credentials used to access the Service.

You shall not have more than one Account per platform at any given time, and shall not create an Account using a false identity or information, or on behalf of someone other than yourself. You agree to supply accurate and complete information and to update it promptly after it changes; personal information you provide is handled in accordance with Fiveamp's Privacy Policy.

You understand that your user ID number, player name, and profile picture may be publicly visible (for example, on leaderboards) and that search engines may index them. Fiveamp reserves the right to remove or reclaim any player name at any time and for any reason, including claims by a third party that a name violates its rights.

You must provide the equipment necessary to connect to the Service and are responsible for any connection, data, or cellular fees. We are not liable for any loss or damage arising from your failure to comply with the obligations in this Section.

You may stop using the Service at any time and may request deletion of your Account by contacting us at support@fiveamp.com or via the applicable support channel of the game. Unless applicable law requires otherwise, we are not required to provide refunds, benefits, or other compensation if you request deletion of your Account.

4. LICENSE

Subject to your agreement and continuing compliance with Fiveamp's Terms, Fiveamp grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use the Service using a Fiveamp supported platform or device (such as a web browser, mobile device, desktop computer, or game console). Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. Fiveamp's Terms do not grant you or any other party any right, title, or interest in the Service or any content in the Service. You hereby acknowledge that your license to use the Service is limited by Fiveamp's Terms, and, if you violate or if, at any point, you do not agree to any of Fiveamp's Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service and must refrain from using the Service.

5. VIRTUAL ITEMS, PURCHASES, AND SUBSCRIPTIONS

Our free-to-play games do not require a purchase of any kind to play them. The Service may include an opportunity to earn or purchase virtual, in-game currency, including but not limited to virtual coins, points, credits, and/or bonuses all for use in the Service ("Virtual Currency") or virtual in-game items or collections (together with the Virtual Currency, "Virtual Items").

Virtual Items are licensed to you, not sold: other than a limited, personal, revocable, non-transferable, non-sublicensable license to use them within the Service, you have no right, title, or interest in any Virtual Items, whether "awarded" in a game or "purchased". Virtual Items can never be redeemed or cashed out for "real world" money, goods, or any other item of monetary value from Fiveamp or any other party. You may not sell, transfer, trade, or exchange Virtual Items outside the Service; any such transfer or attempted transfer is prohibited and void, will not be recognized by Fiveamp, and may result in termination of your Account. Fiveamp retains the right to manage, regulate, control, modify, and/or eliminate Virtual Items at its sole discretion, with no liability to you or anyone for the exercise of such rights. Prices and availability of Virtual Items are subject to change without notice, and Fiveamp may refuse any purchase request.

Virtual Items may only be purchased from us or through means we expressly authorize. Purchases made in our games through a platform or store such as Apple, Google, Steam, Microsoft, or Sony are processed by that platform and subject to its payment terms; Fiveamp does not control payment processing on those platforms. You agree to pay all applicable charges for your purchases, including applicable taxes. ALL SALES OF VIRTUAL ITEMS ARE FINAL. If your Account is charged in error, or you did not receive items you purchased, refunds and corrections are available only as provided by the applicable platform's refund policy or as required by applicable law; please contact the platform through which you made the purchase, or contact us and we will try to help. You are responsible for, and agree to reimburse us for, all chargebacks, reversals, claims, fees, fines, penalties, and other liability incurred by us arising out of payments that you authorized or accepted, and we may suspend or terminate your Account if a charge you authorized cannot be processed or is returned unpaid. Virtual Items are Benefits as described in Section 11 and are forfeited without refund or other compensation as provided there, including when an Account is closed (voluntarily or involuntarily) or the Service is no longer available.

Some games (for example, NIMRODS) are instead sold for an upfront price and may offer optional paid downloadable content ("DLC"). Premium games and DLC are licensed to you under Section 4, not sold, and DLC requires the base game it belongs to. These purchases are processed by the platform or store through which you buy them (such as Steam), and refunds and corrections are available only as provided by that platform's refund policy or as required by applicable law. Premium games and DLC are Benefits as described in Section 11.

Some games offer optional subscriptions (for example, PickCrafter's Elite Membership). Subscriptions are billed through your platform account (such as Apple or Google), automatically renew at the price and interval disclosed at the time of purchase until cancelled, and can be managed or cancelled at any time in your platform account's subscription settings. Cancellation takes effect at the end of the current billing period, and deleting a game does not cancel its subscription. Subscription benefits are Virtual Items under these Terms and are forfeited on termination of your subscription or Account as described above.

6. RULES OF CONDUCT

You represent and warrant that you have full right and authority to use the Service and to be bound by Fiveamp's Terms, and you agree to comply with all applicable laws and with Fiveamp's Terms in your use of the Service. You shall not defraud, or attempt to defraud, Fiveamp or other users, or act in bad faith in your use of the Service. As an example and not as a limitation, you agree that you shall not:

Any use of the Service in violation of these Rules of Conduct is strictly prohibited, may result in the immediate revocation of your limited license and termination of your Account in Fiveamp's sole discretion, and may subject you to liability under applicable criminal and civil laws.

7. FEEDBACK AND PLAYER NAMES

Our games do not currently offer chat rooms, forums, or the ability to upload your own creative content. The content you can submit through the Service is limited to things like your player name, avatar or profile selection, game progress, scores and game records, and messages you send us (such as support tickets and feedback).

You grant Fiveamp a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, host, store, reproduce, adapt, publish, and display your player name, avatar, scores, and game records in connection with operating, providing, and promoting the Service — for example, on leaderboards and in social features visible to other players. This license ends when the relevant content or your Account is deleted, except to the extent the content has already been shared with other players and except for backup copies retained for a reasonable period. You represent that anything you submit is accurate and lawful and does not violate any third party's rights, and you remain responsible for it.

Any ideas, suggestions, or feedback you send us are non-confidential, and you agree that Fiveamp may use them for any purpose, commercial or otherwise, without restriction, attribution, or compensation to you.

8. INTELLECTUAL PROPERTY AND COPYRIGHT COMPLAINTS

Fiveamp retains all rights in the Service materials (including, but not limited to, any games, applications, software, titles, computer code, themes, objects, characters, character names, animations, stories, dialogue, catchphrases, concepts, artwork, designs, graphics, fonts, texts, information, pictures, video, sound, music, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, any correspondence with Fiveamp, character profile information, personalized avatar, recordings of games played and other files, and their selection and arrangement) (collectively, "Service Materials") and any patents, trademarks, designs, trade dress, brands, service marks, and any other intellectual property rights whether registered or not ("IPR") used in relation to or with the Service and are owned or licensed by Fiveamp.

You may only use the Service Materials and IPR in connection with your use of the Service for personal, noncommercial, entertainment purposes only. The Service Materials or IPR may not be used, including any derivative use, by you in any other manner, or for any purpose, without our express written permission and/or the consent of any third party we deem necessary, except as provided for herein. You do not acquire any ownership rights by using the Service or by accessing any of the Service Materials.

Fiveamp respects the intellectual property of others, and we ask our users to do the same. If you believe your copyrighted work has been copied on the Service in a way that constitutes infringement, please send a notice that complies with the U.S. Digital Millennium Copyright Act ("DMCA") to our Copyright Agent: by mail at Fiveamp, 13740 N Highway 183 Ste L2 #274, Austin, TX 78750, or by email at legal@fiveamp.com. Fiveamp may terminate, without notice, the access of any user it determines to be a repeat infringer.

9. THIRD-PARTY SERVICES AND ADVERTISING

The Service and Fiveamp games may display advertisements from Fiveamp or third parties; Fiveamp's use of information in connection with advertising is described in Fiveamp's Privacy Policy. The Service may also contain links to third-party websites, offers, or services that Fiveamp does not control or endorse. Third-party sites and services operate under their own terms and privacy policies, which govern your use of them and their handling of your information, and any charges or obligations you incur in dealings with third parties are your responsibility. Fiveamp makes no representation or warranty regarding any third-party content, goods, or services, and will not be liable for any claim relating to them; your use of third-party sites and services is at your own risk.

10. PROMOTIONS

From time to time, we may offer limited-time promotions, contests, sweepstakes, or special offers, each governed by its own official rules and any additional disclosed terms, which apply in addition to these Terms. If a promotion's official rules conflict with these Terms, the official rules control for that promotion. Feedback you provide at our request as part of a promotion is subject to the rules of that promotion.

11. TERMINATION

FIVEAMP MAY, IN ITS SOLE DISCRETION AND WITHOUT NOTICE, LIMIT, SUSPEND, TERMINATE, MODIFY, AND/OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR ANY PORTION OF IT, AND FIVEAMP IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES.

Without limiting any other remedies, Fiveamp may take these actions for any reason, including, but not limited to, a suspected violation of Fiveamp's Terms or of the terms of the platform through which you access the Service, or illegal or improper use of your Account, the Service, Fiveamp's games, or Fiveamp's intellectual property, as determined by Fiveamp in its sole discretion. You may lose your player name and all information and files associated with your Account as a result of termination, without responsibility on the part of Fiveamp.

Fiveamp may also selectively remove, revoke, or modify Benefits associated with your Account. "Benefits" mean any benefits, privileges, items, or licensed rights granted, earned, awarded, gifted, provided to, and/or purchased by you in connection with the Service, including but not limited to paid and free downloadable content, Virtual Items, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, subscriptions, and in-game achievements. If your Account or a subscription associated with your Account is terminated or suspended, and/or if any Benefits are removed or revoked from your Account, no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or those Benefits.

You may not allow individuals whose Accounts have been terminated to use your Account. If you believe that any action has been taken against your Account in error, please contact us at support@fiveamp.com or submit a ticket via the applicable support channel of the game.

WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS OR LONGER.

12. DISCLAIMER OF WARRANTIES

By accessing, using, or downloading the Service you acknowledge and agree that your use of the Service, in whole and in part, shall be at your sole risk and is provided on an "as is" basis. To the fullest extent permitted by law, Fiveamp, its affiliates or subsidiaries, and any of their officers, directors, employees, contractors, partners, and agents disclaim all warranties, conditions, or other terms of any kind, either explicit or implied, in connection with the Service and your use thereof, including, but not limited to, implied warranties of merchantability, title, quiet enjoyment, fitness for a particular purpose, and non-infringement. Fiveamp does not warrant that the Service will be uninterrupted, error-free, or secure, or that it will meet your requirements, and assumes no liability or responsibility for any errors, defects, or inaccuracies of content; personal injury or property damage resulting from your access to or use of the Service; unauthorized access to our servers or to any personal or financial information stored on them; any interruption or cessation of transmission to or from the Service; any bugs, viruses, or similar code transmitted to or through the Service by any third party; any loss or damage resulting from content made available via the Service; or any failures, malfunctions, or delays of any computer system, network connection, hardware, or software.

Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in this Section may not apply to you. In particular, nothing in these Terms shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of Fiveamp. In such jurisdictions, our liability will be limited to the fullest extent permitted by applicable law.

13. LIMITATION OF LIABILITY

In no event will Fiveamp, its affiliates or subsidiaries, or any of their directors, officers, agents, contractors, partners, and employees, be liable to you or any third party for: (i) any special, direct, indirect, incidental, punitive, exemplary or consequential damages whatsoever or any other losses, costs, or expenses of any kind including any lost profits, lost data or goodwill, legal fees, expert fees, cost of procuring substitute services, lost opportunity, or other disbursements arising, directly or indirectly, from your reliance on, access to, use of, or inability to access or use, the Service or other materials or content on, accessed through or downloaded from the Service; or (ii) for the conduct of third parties, including other users of the Service and operators of external sites. The disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Service under any cause of action whatsoever of any jurisdiction, whether based on warranty, breach of contract, tort (including negligence), or any other legal theory, and whether or not Fiveamp has been advised of the possibility of these damages, and shall apply to the fullest extent permitted by law in the applicable jurisdiction.

To the fullest extent permissible under applicable laws, under no circumstances will Fiveamp, its affiliates or subsidiaries, or any of their directors, officers, agents, contractors, partners, and employees be liable to you for more than the amount you have paid Fiveamp in the one hundred eighty (180) days immediately preceding the date on which you first assert any such claim. You acknowledge and agree that if you have not paid Fiveamp any amounts in the one hundred eighty (180) days immediately preceding the date on which you first assert any such claim, your sole and exclusive remedy for any dispute with Fiveamp is to stop using the Service and to cancel your account.

14. INDEMNIFICATION

To the fullest extent permitted by law, you agree to release, discharge, defend, indemnify, and hold Fiveamp, and each of its affiliates or subsidiaries, and any of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney's fees, arising out of or in connection with your use or misuse of and access to the Service, your violation of any term of Fiveamp's Terms, your breach of the representations, warranties, and covenants made herein, your violation of any third-party right, or any content you submit through the Service. Fiveamp reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Fiveamp, and you agree to cooperate with Fiveamp's defense of these claims; Fiveamp will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

You agree that the provisions of Sections 12 through 16 will survive any termination of your Account(s) or of the Service.

15. DISPUTE RESOLUTION, GOVERNING LAWS, AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND FIVEAMP TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND FIVEAMP CAN SEEK RELIEF FROM EACH OTHER.

By agreeing to these Terms, you and Fiveamp agree that any and all past, present, and future disputes, claims, or causes of action between you and Fiveamp arising out of or relating to these Terms, the Service, the formation of these Terms, or any other dispute between you and Fiveamp or any of Fiveamp's licensors, distributors, suppliers or agents (including but not limited to any application store or platform from which the Service is accessed or downloaded), and whether arising prior to or after your agreement to this Section, (collectively, "Dispute(s)") will be governed by the procedure outlined below.

(a) Governing Law. Regardless of where you live, these Terms will be interpreted in accordance with the laws of the State of Texas, United States, without regard to conflict- or choice-of-law principles. The agreement to arbitrate contained in this Section 15, its scope, and its enforcement shall also be governed by the United States Federal Arbitration Act without regard to conflict- or choice-of-law principles.

(b) Informal Dispute Resolution. Fiveamp wants to address your concerns without needing a formal legal case. Before filing a claim against Fiveamp, you agree to try to resolve the Dispute informally by contacting legal@fiveamp.com. Similarly, Fiveamp will undertake reasonable efforts to contact you (if we have contact information for you) to resolve any claim we may possess informally before taking any formal action. If a dispute is not resolved within 15 days after the email noting the Dispute is sent, you or Fiveamp may initiate an arbitration proceeding as described below.

(c) We Both Agree To Arbitrate. By agreeing to these Terms, you and Fiveamp each and both agree to resolve any Disputes through final and binding arbitration as discussed herein.

(d) Opt-out of Agreement to Arbitrate. You may decline this agreement to arbitrate by contacting legal@fiveamp.com within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement. By opting out of the agreement to arbitrate, you will not be precluded from using the Service, but you and Fiveamp will not be permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.

(e) Arbitration Procedures and Fees. You and Fiveamp agree that the American Arbitration Association ("AAA") will administer the arbitration under its Consumer Arbitration Rules in effect at the time arbitration is sought. Those rules are available at www.adr.org. The arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. You and Fiveamp further agree that the arbitration will be held in Texas, or, at your election, will be conducted telephonically or via other remote electronic means. The AAA rules will govern payment of all arbitration fees.

(f) Arbitration Shall Proceed Individually. Regardless of where you live or the rules of a given arbitration forum, you and Fiveamp agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor Fiveamp may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a "Collective Arbitration"). Without limiting the generality of the foregoing (and as an illustrative but not exhaustive example), a claim to resolve any Dispute against Fiveamp will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. "Concurrently" for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.

(g) Class Action and Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR FIVEAMP SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION (AS DEFINED ABOVE) OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS, IN THE EVENT ALL OR ANY PORTION OF SUBSECTIONS (F) OR (G) OF THIS SECTION 15 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) ARE FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION 15 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) MAY BE DEEMED VOID AND AS HAVING NO EFFECT UPON EITHER PARTY'S ELECTION.

(h) Judicial Forum for Disputes. Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Fiveamp agree that any judicial proceeding may only be brought in a court of competent jurisdiction in Texas, United States. Both you and Fiveamp consent to venue and personal jurisdiction there.

16. GENERAL

You are responsible for complying with the laws of the jurisdiction in which you reside and from which you access the Service, and Fiveamp cannot be held liable if laws applicable to you restrict or prohibit your participation. Fiveamp reserves the right to block access to the Service from any jurisdiction in which participation is illegal or restricted.

Fiveamp's Terms constitute the entire agreement between you and Fiveamp relating to the subject matter hereof, and (except in the case of fraud or fraudulent misrepresentation) supersede all prior understandings of the parties relating to the subject matter hereof, whether electronic, oral, or written, or whether established by custom, practice, policy, or precedent, between you and us.

You and Fiveamp agree that if any portion of Fiveamp's Terms is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of Fiveamp's Terms, which shall continue to be in full force and effect.

Fiveamp may assign or delegate Fiveamp's Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under Fiveamp's Terms without Fiveamp's prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

The failure of Fiveamp to require or enforce strict performance of any provision of Fiveamp's Terms, or to exercise any right under them, shall not be construed as a waiver of Fiveamp's right to assert or rely upon any such provision or right in that or any other instance. Except as provided in Section 1 or as otherwise expressly set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by Fiveamp shall be deemed a modification of these Terms nor be legally binding, unless documented in writing and expressly agreed to by you and a duly authorized representative of Fiveamp.

You acknowledge that a breach of Fiveamp's Terms may cause Fiveamp irreparable harm that cannot be remedied by monetary damages alone, and Fiveamp shall be entitled to injunctive or other equitable relief (without the obligation of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. To the extent permitted by applicable law, you agree to limit your claims against Fiveamp to claims for monetary damages, as limited by Section 13.

Fiveamp shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, or labor shortages or strikes.

We may notify you via postings on www.fiveamp.com, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under Fiveamp's Terms shall be in writing and addressed to: Fiveamp, 13740 N Highway 183 Ste L2 #274, Austin, TX 78750. Any notices that you provide without compliance with this paragraph shall have no legal effect.

Contact us

If you have questions about the terms, we encourage you to primarily contact us through our support portal so we can reply to you more quickly. https://fiveamp.com/support You can also reach us at legal@fiveamp.com.