Last Updated: [6/15/2025]
Welcome to 5AM!
These Terms of Service ("Terms") govern your access to and use of the 5AM photo and media management services, websites, and applications (collectively, the "Service") provided by 5AM Software Labs LLC ("5AM," "we," "us," or "our"). Please read these Terms carefully before using the Service.
1. Acceptance of Terms
By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Service. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, "you" and "your" will refer to that organization.
2. Description of Service
5AM provides a cloud-based platform for users to store, manage, share, edit, and organize their personal and professional photo and video collections ("User Content"). Features may include AI-powered descriptions, search capabilities, image editing tools, video creation from albums, and various sharing options, including paid access features for creators.
3. Your 5AM Account
You may need to register for a 5AM account to access all or parts of our Service. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. You may not use anyone else’s 5AM account at any time without the express permission of the account holder.
4. User Content and Ownership
You retain ownership of all intellectual property rights in your User Content. We do not claim any ownership of your User Content. These Terms do not grant us any licenses or rights to your User Content except for the limited rights needed for us to provide the Service (e.g., hosting your files, displaying thumbnails, processing edits as you direct).
You are solely responsible for your User Content and what you do with it (including sharing it). You represent and warrant that you have all necessary rights to upload, share, and use your User Content in connection with the Service and that your User Content does not violate any applicable laws or these Terms.
5. Acceptable Use
You agree not to misuse the Service. For example, you must not, and must not attempt to, use the Service to:
- Probe, scan, or test the vulnerability of any system or network.
- Breach or otherwise circumvent any security or authentication measures.
- Access, tamper with, or use non-public areas of the Service.
- Interfere with or disrupt any user, host, or network.
- Upload, post, transmit, or otherwise distribute any User Content that is unlawful, defamatory, libelous, harassing, abusive, fraudulent, obscene, or otherwise objectionable.
- Violate the intellectual property rights or other rights of third parties.
- Upload or share materials that contain viruses, worms, Trojan horses, or other harmful or destructive content.
- Violate any applicable law or regulation.
We reserve the right to investigate and take appropriate action (including removing content, suspending or terminating your account) if we believe you have violated these Terms.
6. Fees and Payment
Certain features of the Service may be subject to payments now or in the future ("Paid Services"). Please see our Subscription Settings or specific feature descriptions for details on current fees.
If you subscribe to a Paid Service, you agree to pay all applicable fees. All fees are non-refundable except as required by law or as explicitly stated in our refund policy. We may change our fees and payment policies from time to time. We will provide you with reasonable prior notice of any change in fees.
For creators using features to charge others for access to their content, 5AM Software Labs LLC may facilitate payments and may charge a service fee. Specific terms for creator payouts and service fees will be detailed in the relevant sections of the Service or in separate agreements.
7. Term and Termination
These Terms will remain in full force and effect while you use the Service. You can stop using our Service at any time. We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, and with or without notice, for any reason or no reason, including if we believe that you have violated these Terms.
Upon termination, your right to use the Service will immediately cease. We may delete your User Content from our systems upon termination, subject to our data retention policies and applicable law. Sections concerning User Content ownership, disclaimers, limitations of liability, indemnification, and governing law shall survive any termination.
8. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 5AM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 5AM SOFTWARE LABS LLC, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 5AM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL 5AM'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100) OR THE AMOUNTS PAID BY YOU TO 5AM FOR THE PAST TWELVE MONTHS OF THE SERVICES IN QUESTION.
10. Governing Law
These Terms shall be governed by the laws of the State of [Your State/Jurisdiction], without regard to its conflict of law principles.
11. Changes to Terms
We may modify these Terms from time to time. If we make material changes to these Terms, we will notify you by email or by posting a notice on our Service prior to the effective date of the changes. By continuing to access or use the Service after those changes become effective, you agree to be bound by the revised Terms.
12. Contact Information
If you have any questions about these Terms, please contact us at: [email protected].
5AM Software Labs LLC