theFive — Business Terms of Service
Last updated: July 6, 2026
These Business Terms of Service (the "Terms") are a binding agreement between theFive ("we", "us") and the business that registers for or uses the theFive business portal and the theFive point-of-sale and staff app (together, the "Business Services"). They govern access by the business and its authorized owners, managers, and staff ("you"). By creating an account, or by accessing or using the Business Services, you agree to these Terms and our Business Privacy Policy. If you accept on behalf of a business, you represent that you are authorized to bind it. If you do not agree, do not use the Business Services.
1. Who may use the Business Services
The Business Services are for businesses and their authorized owners, managers, and staff acting on the business's behalf. They are not for personal or consumer use.
You must be at least 18 years old and able to form a binding contract. If you accept these Terms for a business, you represent that you have authority to bind that business.
The business is responsible for ensuring each of its authorized users complies with these Terms.
2. Accounts and authorized users
The first account created for a business is provisioned as an Owner account, which can grant access to managers and staff. You are responsible for who you authorize and for their activity.
Each authorized user must keep their credentials confidential and use the Business Services only for the business's legitimate operations. Notify us promptly of any unauthorized access.
You are responsible for deactivating users who should no longer have access (for example, staff who leave). Accounts are for individual use and must not be shared, sold, or transferred.
3. What the Business Services do
The business portal lets you set up and manage your business and venues ("Venues"), configure which features are available in the apps, create and manage promotional campaigns and coupons, view dashboards of activity, upload business information and photos, and send email and SMS messages. The point-of-sale and staff app lets your staff validate and redeem customer coupons, run a guest waitlist, and manage schedules. Features may change, expand, or be discontinued at any time.
4. Subscriptions, fees, and billing
Some Business Services require a paid subscription. Fees, billing frequency, and any usage-based charges are described when you subscribe. Payments are processed by our payment provider (Stripe), and you authorize us and Stripe to charge your payment method on a recurring basis until you cancel.
Fees are exclusive of taxes, which you are responsible for. Unless required by law or expressly stated, payments are non-refundable, including for partial billing periods.
We may change fees on prospective notice. If you do not agree to a change, you may cancel before it takes effect. If a payment fails or an account becomes past due, we may suspend or limit the Business Services until amounts owed are paid.
You can cancel your subscription at any time; cancellation takes effect at the end of the current billing period and does not entitle you to a refund of amounts already charged.
5. Your content and business information
You are responsible for the business information, photos, offers, and other content you provide ("Business Content"), and you represent that you have the rights to provide it and that it is accurate and not misleading. You grant theFive a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and display Business Content to operate and promote the Service, including displaying your Venue, campaigns, and coupons to customers in the consumer app.
6. Coupons and campaigns
You are solely responsible for the coupons, offers, and campaigns you create, including their terms, accuracy, legality, and for honoring them at your Venues. theFive is not the merchant of record and does not sell the goods or services you offer.
You are responsible for ensuring your offers comply with applicable laws (including advertising, pricing, alcohol, and consumer- protection rules) and for any required disclosures or restrictions.
We may modify, suspend, or remove campaigns or coupons that appear to violate these Terms, applicable law, or the rights of others, or that involve suspected fraud or abuse.
7. Customer data and data protection
Through the Business Services you may collect or process personal information about your own customers — for example, a guest's name and phone number entered at the waitlist kiosk, or coupon redemptions. As between you and theFive, you are the "controller" of that customer information and theFive processes it on your behalf and on your instructions to provide the Business Services. You are responsible for providing your customers any required privacy notices and for obtaining any consents needed to collect, use, and message them. Our handling of that information is described in the Business Privacy Policy.
8. Messaging and communications
If you use the Business Services to send email or SMS messages, you are responsible for the content and for complying with anti-spam, telemarketing, and messaging laws (including the TCPA and CAN-SPAM in the United States), including obtaining any required consent and honoring opt-out requests. You must not send unlawful, deceptive, or harassing messages. We may suspend messaging features for suspected abuse.
9. Acceptable use
You agree not to:
use the Business Services in any way that violates law or these Terms;
misrepresent your business, your offers, or your authority to act for the business;
validate, redeem, or issue coupons fraudulently, or circumvent campaign or redemption limits;
interfere with, disrupt, probe, or overload the Service, or attempt to gain unauthorized access to it or to other businesses' data;
reverse engineer, decompile, scrape, or copy the Service except as permitted by law; or
upload or transmit malware or any unlawful, infringing, or harmful content.
We may suspend or terminate access for any violation.
10. Third-party services
The Business Services rely on third-party providers, including Supabase (database, hosting, and authentication), Stripe (payments and billing), Twilio (SMS), Resend (email), and Google (maps and sign-in). Your use of those features may be subject to the providers' own terms and policies, and we are not responsible for their acts or omissions.
11. Intellectual property
The Service, including the theFive name, logo (the "★ THE FIVE" star mark), software, and design, is owned by theFive or its licensors and protected by intellectual-property laws. Subject to these Terms, we grant your business a limited, non-exclusive, non-transferable, revocable license to access and use the Business Services for your internal business operations. If you send us feedback or suggestions, you grant us a perpetual, royalty-free license to use them. No other rights are granted.
12. Confidentiality
Non-public information one party shares with the other in connection with the Business Services (including pricing, dashboards, and product information) is confidential and may be used only to exercise rights and perform obligations under these Terms, except where it is already public, independently developed, or required to be disclosed by law.
13. Term, suspension, and termination
These Terms apply while you use the Business Services. You may stop using them and close your account at any time (for paid plans, see the cancellation terms above).
We may suspend or terminate access, in whole or in part, if you violate these Terms, fail to pay, create risk or legal exposure, or if we discontinue the Business Services.
On termination, your license to use the Business Services ends. We will make your and your customers' data available for a reasonable period for export where feasible, and then delete or de-identify it except where retention is required by law. Sections that by their nature should survive (including fees owed, ownership, confidentiality, disclaimers, limitation of liability, indemnification, and dispute provisions) will survive.
14. Disclaimers
The Business Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Business Services will be uninterrupted, error-free, or secure, or that they will meet your requirements.
15. Limitation of liability
To the maximum extent permitted by law, theFive and its officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to the Business Services. Our total liability for any claim relating to the Business Services will not exceed the greater of the fees you paid to us in the twelve (12) months before the claim or one hundred U.S. dollars ($100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
16. Indemnification
You agree to indemnify and hold harmless theFive from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your use of the Business Services, your Business Content, your coupons or offers, your handling of customer data or messaging, your violation of these Terms, or your violation of any law or third-party right.
17. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will provide notice through the Business Services or by other reasonable means and update the "Last updated" date. Your continued use after changes take effect means you accept the revised Terms.
18. Governing law and disputes
These Terms are governed by the laws of the U.S. state in which your business is primarily located, without regard to its conflict-of-laws rules, except where applicable federal law controls. Any dispute arising out of or relating to these Terms or the Business Services will be resolved in the state or federal courts located in that state, and you and theFive consent to their personal jurisdiction, except where applicable law gives you the right to bring a claim elsewhere.
19. Miscellaneous
These Terms, together with the Business Privacy Policy and any order or subscription you agree to, are the entire agreement between you and theFive regarding the Business Services. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
20. Contact us
Questions about these Terms? Contact us at support@thefivecoupon.com.