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Terms of Service

Last Updated: August 5, 2026

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.

Payment Processing. Except for purchases made through our iOS app (see "Apple In-App Purchases" below), payments and creator payouts are processed by our third-party payment processor, Stripe, Inc. ("Stripe"). By making a purchase or receiving payouts through the Service, you agree to be bound by Stripe's applicable terms, including the Stripe Services Agreement and, for creators receiving payouts, the Stripe Connected Account Agreement. 5AM does not store your full payment card details; those are handled directly by Stripe.

Apple In-App Purchases (Auto-Renewable Subscriptions). If you purchase a subscription through our iOS app, payment is processed by Apple and charged to your Apple Account at confirmation of purchase, and your use of the iOS app is also subject to Apple's Standard End User License Agreement. Subscription plans unlock additional storage and features; the current plans, prices, and billing periods are shown in the app before you buy. Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period, and your Apple Account will be charged for renewal within 24 hours prior to the end of the current period at the rate of your selected plan. You can manage or cancel your subscription at any time in your device settings (Settings > your name > Subscriptions) or in the App Store app; cancellation takes effect at the end of the current billing period, and you keep your plan benefits until then. Refunds for purchases billed by Apple are handled by Apple under Apple's terms — you can request one at reports.apple.com; 5AM cannot issue refunds for Apple-billed purchases.

Creator Sales, Service Fee, and Payouts.Creators may set a price to sell access to their content ("Paid Albums"). A service fee (currently 10% of the listed price) is added to the buyer's total at checkout. 5AM facilitates these sales and remits the creator's earnings via Stripe Connect, subject to Stripe's payout schedules and any applicable holds, reserves, or verification requirements. You must connect and maintain a valid Stripe account to receive payouts. We may change the service fee with reasonable notice.

Refunds and Chargebacks.Except as required by law or as expressly stated, sales are final. If a buyer initiates a refund or a payment dispute / chargeback, the creator is responsible for the refunded or disputed amount and any associated fees (including chargeback fees charged by Stripe), and 5AM may deduct or reverse such amounts from the creator's current or future earnings. You agree to cooperate with us and Stripe in resolving any payment disputes.

Taxes. You are solely responsible for determining, collecting, reporting, and remitting all taxes associated with your purchases or earnings on the Service, including any applicable sales, use, VAT, or income taxes. Creators are solely responsible for their own tax obligations, including any income reporting requirements and tax forms (such as IRS Form 1099-K, which may be issued by Stripe where required). 5AM does not provide tax advice.

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. THIS LIMITATION APPLIES TO ALL USERS OF THE SERVICE, INCLUDING BOTH BUYERS AND CREATORS WHO USE THE SERVICE TO SELL OR MONETIZE CONTENT. FOR CREATORS, "AMOUNTS PAID BY YOU TO 5AM" INCLUDES SERVICE FEES RETAINED BY 5AM ON YOUR SALES DURING THE PRECEDING TWELVE MONTHS.

10. Governing Law

These Terms shall be governed by the laws of the State of California, without regard to its conflict of law principles.

11. Copyright and DMCA Policy

5AM respects the intellectual property rights of others and expects users of the Service to do the same. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA").

If you believe that content available on or through the Service infringes your copyright, you may submit a notification to our designated agent at [email protected] (subject line: "DMCA Notice") containing the following: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate it; (d) your contact information (address, telephone number, and email); (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

We will remove or disable access to material that is the subject of a valid DMCA notice and, in appropriate circumstances, will terminate the accounts of users who are determined to be repeat infringers.

12. Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH 5AM AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

12.1. Informal Resolution

We want to address your concerns without needing a formal legal case. Before filing a claim against 5AM, you agree to try to resolve the dispute informally by contacting [email protected]. We will try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 30 days after submission, you or 5AM may bring a formal proceeding.

12.2. Agreement to Arbitrate

You and 5AM agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Service (collectively, "Disputes") will be settled by binding arbitration. You acknowledge and agree that you and 5AM are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

12.3. Exceptions to Arbitration

Despite the agreement to arbitrate above, you and 5AM each retain the right: (a) to bring an individual action in small claims court; and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

12.4. Arbitration Rules and Forum

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. The Federal Arbitration Act will govern the interpretation and enforcement of this section. Unless you and 5AM otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and 5AM submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary.

12.5. Class Action Waiver

YOU AND 5AM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.Further, unless both you and 5AM agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.

12.6. 30-Day Right to Opt-Out

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to [email protected] with the subject line: "ARBITRATION OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Service or the effective date of the first Terms containing an Arbitration and Class Action Waiver section, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, 5AM also will not be bound by them.

13. 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.

14. Contact Information

If you have any questions about these Terms, please contact us at: [email protected].

5AM Software Labs LLC