Terms of Use
21+ only. 5ish shows happy hours and offers that bars publish. The bars set the prices and serve the drinks. 5ish doesn't sell alcohol.
1. Using 5ish
By using the app or this website you agree to these terms. If you don't agree, don't use 5ish. We may update the terms; if a change matters, we'll tell you in the app or by email, and using 5ish after that means you accept it.
2. You must be 21 or older
You must be at least 21 to create an account or use any part of 5ish. You promise the date of birth you enter is true. Once set, it can't be changed. Bars may check your ID, and may refuse service to anyone, at any time.
3. Your account
Keep your sign-in secure and don't share your account. You're responsible for what happens under it. Give accurate information. Don't impersonate anyone, and pick a username that is not offensive. You can delete your account at any time in the app (Me, then Delete account).
4. Happy hours and flash drops
- Offers come from the bars. Happy hour details and drops are published by, or on behalf of, the bars. Each bar sets its own item, price, quantity and times, and it alone serves and sells the drink. 5ish is not a seller of alcohol and is not a party to your purchase.
- Information can be wrong or out of date. We try to show what is current and mark what we haven't verified, but prices, hours and availability can change without notice. Please check with the bar.
- No guarantee of availability. A drop has a limited quantity and a time window. Claiming one doesn't guarantee a drink: a bar may run out, close, or be unable to honor it.
- One per person. Each drop can be claimed once per person. A claim is held for a short time, then lapses. Drops are offers on drinks you pay for; they are not free drinks.
- Redeeming. To redeem, show your pass to the bartender at the bar. Redeeming may require location to confirm you're there.
- Don't cheat the system: no extra accounts to claim twice, no fake locations, no resale or transfer of passes.
5. Drink responsibly
Drink in moderation, never drink and drive, and plan a safe ride home. Don't use 5ish to encourage anyone to drink more than they want to. Circles are for getting friends to the same place at the same time, nothing more.
6. Circles and other users
Invites go only to other 5ish members. Don't spam, harass or threaten anyone. You're responsible for what you post, such as a circle name or plan note, and you give us permission to display it to the people you share it with.
7. Acceptable use
Don't break the law, reverse-engineer or scrape the service, interfere with it, probe its security, or use it for anything other than your personal, non-commercial use. Bars use it as described in the Bar terms.
8. Our content
The 5ish name, logo, mascot, illustrations and app are ours or our licensors'. We give you a personal, limited, non-transferable license to use the app. Venue names and marks belong to their owners.
9. Ending your access
We may suspend or end your account if you break these terms, misuse a drop, or put others at risk, and sometimes without notice when needed to protect the service. You may stop using 5ish and delete your account at any time. Sections that should survive (such as liability limits) do.
10. No warranties
5ish is provided "as is" and "as available." To the fullest extent the law allows, we disclaim all warranties, including that the service will be uninterrupted, error-free or that listings are accurate.
11. Limitation of liability
To the fullest extent the law allows, 5ish and its owners and team are not liable for indirect, incidental, special, consequential or punitive damages, or for anything that happens at or because of a bar, including the quality, price or service of any drink, or any injury, loss or dispute with a bar or another person. Our total liability for any claim relating to 5ish is limited to $100. Some places don't allow these limits, so they may not apply to you.
Lawyer note: confirm the cap, the dram-shop and third-party-conduct language, and any consumer-protection carve-outs.
12. Governing law and disputes
California law governs these terms, without regard to conflict-of-law rules. Any dispute will be handled in the state or federal courts located in San Diego County, California, and you and we consent to that venue.
Lawyer note: decide whether to add arbitration and a class-action waiver.
13. Apple
If you get 5ish through the App Store, these terms are between you and us, not Apple. Apple isn't responsible for the app or for support, and Apple is a third-party beneficiary of these terms as to the iOS app.
14. Contact
[5ish LLC — entity pending]
San Diego, California
hello@5ishapp.com
See also our Privacy Policy.