Bar Terms
For lawyer review before use. The fee wording below follows the lowest-risk model in our liquor-law research: a flat fee fixed before launch that does not vary with drinks sold or redeemed. Please confirm it with a California alcohol-licensing attorney, along with the tied-house, coupon and "impermissible control" points.
1. Who can use it
You must hold, or be authorized by the holder of, a valid California ABC license for the venue, and be authorized to bind the business. You may add staff, and you are responsible for what they do. You must be 21+ to sign in.
2. Claiming and listing your bar
You can claim a venue, review the happy hour details we show for it, and correct them. You promise the information you confirm is accurate and that you will keep it current. Checking and correcting your listing costs nothing. We may change or remove a listing that is wrong or that we can't verify.
3. Flash drops
- You set the terms. You choose the item, price, quantity and window. You alone sell and serve the drink, and you are responsible for compliance with alcohol law at your venue.
- Price rules. A drop is a reduced price on a drink the customer pays for. No free drinks, no buy-one-get-one or two-for-one, no windows between 2 a.m. and 6 a.m., and no liquor-brand sponsorship or brand-funded discounts.
- One per person. The app limits each person to one claim per drop. You must honor valid passes while quantity remains and the window is open, check ID, and may refuse service as the law requires.
- Redemption. Bartenders redeem a pass in the app. Redemption counts are for your reporting and our quality checks, not for billing.
- 5ish never handles the customer's payment for the drink. The customer pays you.
4. Advertising fee
5ish charges a flat advertising fee for each drop, to promote your offer to nearby app users. The fee is shown before you launch, is paid from prepaid credits you buy through Stripe, and is fixed when you create the drop. It does not depend on how many drinks are claimed, redeemed or sold, or on the drink price. It is a fee for advertising and software, not a commission, revenue share or share of drink sales.
- Credits are bought in packs. Current pack prices are shown in the bar app and may change for future purchases.
- One credit is used when a drop launches. Ending a drop early doesn't change the fee.
- Refund and expiry rules for unused credits: [to be decided before launch].
- Payments are processed by Stripe under its terms. We keep a record of purchases and credit use.
5. Your responsibilities
You are responsible for your licenses, for service to minors and intoxicated people, and for any claim about your drinks. You agree not to honor offers in violation of the law, and not to serve the offer without redeeming it in the app to avoid the fee. We compare claims to redemptions and may ask customers whether they got their drink; repeated mismatches may lead to suspension.
6. Indemnity and liability
You will cover losses we incur from your drops, your listing, or your service of alcohol, to the extent allowed by law. Our liability to you is limited to the fees you paid us in the 12 months before the claim. 5ish doesn't guarantee any number of customers or sales.
7. Ending
You can stop using 5ish for Bars at any time. We can suspend or end your access for breach of these terms or the law. California law governs, and disputes go to the courts in San Diego County.
8. Contact
[5ish LLC — entity pending] · hello@5ishapp.com