Terms of Service
& Refund Policy

1. Eligibility

You may use the Services only if:

• you are at least 18 years old;
• you have the legal capacity to enter into a binding agreement;
• you are not located in, organized in, ordinarily resident in, or otherwise subject to restrictions in any jurisdiction we prohibit;
• you are not a person or entity with whom U.S. persons are prohibited from dealing under applicable sanctions, export control, or similar laws; and
• your use of the Services complies with all applicable laws and regulations.

We may restrict or deny access to the Services in certain jurisdictions or for certain persons at any time.

2. The Services

The Fivve is a first-party NFT digital collectibles project offering branded membership-style access and community perks to holders.

The Services currently support primary NFT sales only. The Services do not include:

• a secondary marketplace operated by us;
• user-to-user transfers through our platform;
• airdrops, staking, yield products, revenue share, or profit share;
• exchange services, remittance services, wallet custody, or stored-value accounts; or
• fiat-to-crypto conversion by us on your behalf.

Any perks, benefits, utility, access, merchandise eligibility, community access, invitations, or event opportunities associated with ownership of a The Fivve NFT are offered subject to availability, eligibility, timing, capacity, separate event rules, and these Terms. We may modify, suspend, or discontinue perks in our reasonable discretion.

3. No Investment, Financial, or Legal Advice

The Services, NFTs, and related materials are offered for collectible, access, brand, and community purposes only.

Nothing on the Services is:

• financial advice;
• investment advice;
• legal advice;
• tax advice;
• a solicitation to invest;
• an offer of securities; or
• a promise that any NFT will increase in value or retain value.

You are solely responsible for evaluating the risks of purchasing, holding, or using digital collectibles.

4. Account, Wallet, and Access

Certain features may require you to provide information such as your name, email address, billing details, social handle, or wallet address.

If you connect or provide a wallet address:

• you are solely responsible for the accuracy of the wallet address;
• you are solely responsible for wallet security, custody, keys, passwords, seed phrases, and device security;
• we are not responsible for losses arising from sending an NFT to an incorrect address supplied by you, wallet compromise, or unsupported wallets or networks.

You agree to provide accurate information and to keep it reasonably current.

5. Purchases and Payment Processing

Prices, fees, and availability are subject to change. Taxes, duties, and similar charges may apply and are your responsibility unless otherwise required by law.

Payments may be processed by third-party payment partners and service providers, including partners used to facilitate card payments. We do not directly hold customer payment funds as part of our current primary NFT sale flow, and we do not convert fiat to crypto on your behalf.

Your purchase may be declined, delayed, reviewed, canceled, or refunded if:

• required by law;
• required by a payment processor or service provider;
• fraud, abuse, suspicious activity, or sanctions risk is suspected;
• the NFT is not minted or delivered due to technical failure; or
• we otherwise determine that the transaction violates these Terms or applicable law.

6. Minting and Delivery

A purchase is not complete until the applicable NFT has been successfully minted or otherwise delivered to the wallet address or account designated through the Services.

We are not responsible for delays or failures caused by:

• blockchain congestion;
• gas spikes;
• node outages;
• wallet incompatibility;
• smart contract or infrastructure disruption outside our reasonable control;
• payment processor downtime;
• incorrect information supplied by you.

7. Refunds

Our Refund Policy is incorporated into these Terms by reference.

In general:

• minted or delivered NFT sales are final;
• requests for non-minted purchases may be reviewed case-by-case within 7 days of purchase;
• no refund is guaranteed unless required by law or expressly approved by us.

8. No Sweepstakes, Raffles, or Paid-Entry Promotions

The Services do not offer sweepstakes, raffles, lotteries, contests, or paid-entry prize promotions through the purchase or ownership of a The Fivve NFT.

If any promotion is offered in the future, it will be subject to separate rules and applicable law.

9. Merchandise, Events, Retreats, and Community Perks

Some NFTs may be associated with opportunities such as merchandise access, invite-only groups, private events, or retreats. These benefits:

• may be limited by capacity, geography, timing, legal restrictions, and operational considerations;
• may require additional registration, identity confirmation, travel arrangements, waivers, or separate terms;
• may be revoked or denied if you violate these Terms, event rules, community rules, or applicable law;
• do not guarantee admission to any particular event or program.

Unless expressly stated otherwise, travel, lodging, visas, insurance, taxes, and incidental expenses are your responsibility.

10. Acceptable Use

You agree not to:

• violate any law, regulation, or third-party right;
• use the Services if you are prohibited by sanctions, export controls, or other legal restrictions;
• provide false, misleading, or stolen information;
• engage in fraud, chargeback abuse, card testing, identity misuse, or suspicious payment behavior;
• attempt to bypass region blocks, compliance controls, or purchase limits;
• use bots, scrapers, automation, or other methods to interfere with the Services;
• infringe intellectual property rights;
• harass, threaten, dox, abuse, or impersonate others;
• upload malware or attempt unauthorized access;
• use the Services to facilitate money laundering, terrorist financing, sanctions evasion, or other unlawful conduct.

11. Intellectual Property

All content on the Services, including text, branding, logos, graphics, artwork, interfaces, software, compilations, and audiovisual materials, is owned by us or our licensors and is protected by applicable intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial use.

Except to the extent expressly provided in separate NFT license terms, your purchase of an NFT does not transfer ownership of any intellectual property rights in the underlying artwork, trademarks, or branding.

12. User Content and Feedback

If you submit comments, ideas, suggestions, reviews, testimonials, social content, or other materials to us, you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, display, adapt, and publish that content in connection with operating, promoting, and improving the Services, subject to applicable law and our Privacy Policy.

You represent that you have all rights necessary to submit such content.

13. Third-Party Services

The Services may link to, integrate with, or depend on third-party sites, wallets, analytics providers, community platforms, payment providers, or infrastructure providers.

We are not responsible for third-party products or services, and your use of them is governed by their own terms and policies.

14. Assumption of Risk

You acknowledge and accept the inherent risks associated with digital assets, blockchain systems, and online commerce, including:

• volatility or changes in perceived value;
• regulatory changes;
• technical failures or exploits;
• wallet compromise;
• irreversible blockchain transactions;
• network congestion and delays;
• phishing, fraud, and cybersecurity risks.

You assume all such risks to the fullest extent permitted by law.

15. Disclaimers

THE SERVICES, NFTs, CONTENT, AND ALL RELATED FEATURES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY NFT, PERK, ACCESS, OR BENEFIT WILL ALWAYS BE AVAILABLE.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENBYTES LLC, THE FIVVE, AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, DIGITAL ASSETS, BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• THE TOTAL AMOUNT YOU PAID TO US THROUGH THE SERVICES IN THE 3 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
• USD $100.

Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you.

17. Indemnification

You agree to defend, indemnify, and hold harmless Enbytes LLC, The Fivve, and their affiliates, personnel, licensors, and service providers from and against any claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

• your use of the Services;
• your breach of these Terms;
• your violation of law or third-party rights;
• your fraud, misconduct, or negligent acts;
• your user content or submissions.

18. Suspension and Termination

We may suspend, restrict, or terminate your access to some or all of the Services at any time, with or without notice, if we believe:

• you violated these Terms;
• your use poses legal, sanctions, fraud, security, or reputational risk;
• a payment processor, infrastructure provider, or law enforcement authority requires or requests action;
• continued access is not commercially or operationally feasible.

Termination does not affect accrued rights or obligations.

19. Dispute Resolution; Arbitration; Class Action Waiver

Please read this section carefully. It affects your legal rights.

19.1 Informal Resolution First

Before starting arbitration or court proceedings, you agree to first send a written notice of dispute to legal@thefivve.com describing the nature of the dispute and the relief sought. The parties agree to attempt to resolve the dispute informally for at least 30 days after receipt of notice.

19.2 Binding Individual Arbitration

Except for disputes that qualify for small claims court and claims seeking injunctive relief for intellectual property misuse or unauthorized access, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any NFT purchase shall be resolved by binding individual arbitration.

The arbitration shall be:

• governed by the Federal Arbitration Act;
• administered by the American Arbitration Association (AAA) under its applicable consumer arbitration rules, as modified by these Terms;
• conducted in English;
• held remotely by video, by documents only, or in Wilmington, Delaware, unless the parties agree otherwise.

The arbitrator shall have exclusive authority to resolve disputes regarding the scope, enforceability, or applicability of this arbitration agreement, except that a court of competent jurisdiction may determine issues relating to the class action waiver below.

19.3 No Class Actions or Representative Proceedings

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.

Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any representative or class proceeding.

19.4 Court Venue for Non-Arbitrable Claims

If a court determines that a claim is not subject to arbitration, or if a party properly brings an eligible claim in court, then that claim shall be brought exclusively in the state or federal courts located in Delaware, and each party consents to personal jurisdiction and venue there.

20. Governing Law

These Terms and any dispute arising out of or relating to them are governed by the laws of the State of Delaware, without regard to conflict-of-law rules, except to the extent superseded by the Federal Arbitration Act or other applicable federal law.

21. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will update the "Last Updated" date and may provide additional notice through the Services or by email where appropriate.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms.

22. Contact

Support: support@thefivve.com
Legal Notices: legal@thefivve.com
Mailing Address: Enbytes LLC, 10825 Devontree Drive, Haslet, Texas 76052

1. General Rule

Because The Fivve offers digital collectibles and related digital-access products, all completed and successfully minted or delivered NFT sales are final, except where a refund is required by applicable law or expressly approved by us in writing.

2. Non-Minted Purchase Requests

If you were charged for a purchase but the NFT was not minted or not delivered, you may request review of a refund on a case-by-case basis within 7 days of purchase.

Examples that may qualify for review include:

• duplicate charges;
• an order accepted and charged but not minted;
• a confirmed technical failure that prevented delivery;
• an accidental overcharge caused by our system or payment flow.

Submitting a request does not guarantee approval.

3. Ineligible Refund Requests

Refunds will generally not be issued for:

• change of mind;
• lack of understanding of the product;
• dissatisfaction with market value or perceived value;
• wallet incompatibility caused by user error;
• incorrect wallet information submitted by the purchaser;
• failure to attend an event, use a perk, or claim a benefit;
• delays caused by blockchain conditions or third-party provider downtime after successful minting or delivery;
• purchases made in violation of our Terms of Service.

4. Chargebacks and Payment Disputes

If you believe a charge is unauthorized, please contact us first at support@thefivve.com.

Improper or abusive chargebacks may result in:

• suspension or termination of access;
• cancellation of pending purchases;
• denial of future purchases;
• additional review for fraud or abuse.

5. How to Request Review

To request a refund review, email support@thefivve.com within 7 days of the transaction and include:

• full name;
• email used at checkout;
• date of purchase;
• amount charged;
• transaction or order reference;
• wallet address, if applicable;
• a short explanation of the issue.

6. Review Process

We may request additional information to verify your request. Approved refunds, if any, will generally be returned to the original payment method where feasible, subject to payment-processor rules and applicable law.

7. Changes to This Policy

We may update this Refund Policy from time to time by posting the updated version on the Services and revising the "Last Updated" date.