Draft — pending legal review. This page is not final legal text.

Terms of Use

Last updated October 27, 2026. These terms are between you and [5ish LLC — entity pending] ("5ish", "we"). Bars using 5ish for Bars also agree to the Bar terms.

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

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.