Terms of Service

Welcome to The Fifth Family ("the Game", "we", "us", or "our"). These Terms of Service ("Terms") form a legally binding agreement between you ("you", "your", or "Player") and The Fifth Family in respect of your access to and use of the Game, our website at www.thefifthfamily.com, our mobile applications, and any related services (together, the "Service").

By creating an account, downloading our app, accessing the Game, making a purchase, or otherwise using the Service, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Code of Conduct. If you do not agree, you must not use the Service.

1. Who We Are

The Service is operated by The Fifth Family, based in the United Kingdom. Our contact details are set out in Section 30. References in these Terms to "The Fifth Family", "we", "us", or "our" mean the operator of the Service.

We may update our legal status, registered office, or registered company number in the future (for example, on incorporation as a UK limited company). Any change will be reflected in this Section and posted at /privacy.php and /tos.php.

2. Eligibility & Age Requirement

The Service is intended exclusively for adults. By using the Service you confirm that:

• You are at least 18 years of age; and
• You have full legal capacity to enter into these Terms in your country of residence.

The Service contains simulated casino-style mini-games, depictions of organised-crime themes, paid random-reward mechanics, player-versus-player conflict, and unmoderated real-time chat. It is not designed for, marketed to, or appropriate for minors.

If we have reason to believe that an account holder is under 18 we will suspend the account immediately, terminate the account where confirmed, and delete or anonymise the associated personal data in accordance with our Privacy Policy. Parents or guardians who believe a minor has created an account should contact [email protected] immediately.

3. Your Account

3.1 Registration

To play, you must create an account using a valid email address and a password you keep confidential. The information you provide must be accurate and kept up to date. You may be asked to verify your email before certain features unlock.

3.2 One Account Per Person

You may own and operate only one (1) personal account. Creating, controlling, or playing on more than one account ("multi-accounting", "alts", or "farm accounts") is strictly prohibited and will result in permanent banning of all accounts involved, with no entitlement to refund. Multiple legitimate Players may share an internet connection (e.g. household members), but they must not interact with each other in ways that provide an advantage, including but not limited to: trading, transferring assets, mutual attacks, referral abuse, or coordinated raids.

3.3 Account Security

You are responsible for all activity that occurs under your account, whether or not authorised by you. You must:

• Keep your login credentials confidential and not share them with anyone;
• Notify us immediately at [email protected] of any suspected unauthorised access; and
• Log out of your account at the end of each session on shared devices.

While we will take reasonable steps to assist Players whose accounts are compromised, we cannot guarantee recovery, and where ownership cannot be satisfactorily verified an account may remain locked or be permanently suspended. We accept no liability for losses arising from your failure to keep credentials secure.

3.4 Communications From Us

By creating an account, you consent to receive electronic communications from us, including:

• Transactional emails — password resets, purchase receipts, security and account notices, ToS or Privacy Policy updates, mandatory service notices. These cannot be opted out of while your account is active.
• In-app notifications and push notifications — you can disable push notifications in your device settings.
• Marketing and game-related newsletters — you may unsubscribe at any time using the link in any such email or by emailing us. UK and EU Players: where required, marketing is sent on a soft opt-in or explicit consent basis in accordance with PECR and the GDPR.

4. Licence to Use the Game

Subject to your continued compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your own personal, non-commercial entertainment.

This licence does not grant you any right to:

• Copy, reproduce, distribute, publicly perform, publicly display, sub-license, rent, lease, sell, or otherwise commercially exploit the Service or any part of it;
• Modify, translate, adapt, merge, decompile, disassemble, reverse-engineer, or create derivative works of the Service or its source code, except to the extent applicable law expressly permits these activities and we cannot lawfully prohibit them;
• Use the Service or any of its content to train, fine-tune, or develop any artificial-intelligence or machine-learning model;
• Scrape, data-mine, harvest, or systematically extract content from the Service;
• Use bots, scripts, macros, auto-clickers, auto-refreshers, headless browsers, or any automated tool or third-party software to interact with the Service, except officially-published tools we explicitly authorise in writing;
• Exploit bugs, glitches, undocumented mechanics, race conditions, or unintended interactions for personal gain or to cause harm to other Players or the Service;
• Sell, trade, gift, transfer, lease, or share access to your account, in whole or in part, to or with any third party;
• Bypass, disable, interfere with, or attempt to circumvent any security, authentication, rate-limiting, anti-cheat, or access-control measure;
• Use the Service to send unsolicited communications, malware, or any unlawful content, or in any way that infringes the rights of others;
• Use any branding, logos, or trade dress of The Fifth Family without our prior written permission.

This licence terminates automatically if you breach these Terms, and may be revoked by us at any time as set out in Section 17.

5. Acceptable Use & Prohibited Conduct

You agree not to use the Service in any way that:

• Breaches any applicable law, regulation, or order of any competent authority;
• Infringes the intellectual-property rights, privacy rights, or other legal rights of any third party;
• Is fraudulent, deceptive, or designed to defraud any person, including chargeback fraud and payment-method fraud;
• Causes, or could reasonably be expected to cause, damage to our infrastructure, including denial-of-service attacks, mass-automation, excessive request rates, or any activity intended to test or circumvent our security measures without our prior written authorisation;
• Targets or otherwise involves anyone under the age of 18;
• Promotes self-harm, suicide, terrorism, child sexual abuse material, or any other content that is illegal under UK law or the law of any jurisdiction in which the Service is reasonably foreseeable to reach Players;
• Facilitates real-world gambling, money laundering, the sale of regulated goods (firearms, controlled substances, etc.), or any other regulated activity.

Detailed rules on player-to-player behaviour, harassment, hate speech, in-character versus out-of-character conduct, and the moderation escalation ladder are set out in our Code of Conduct, which forms part of these Terms.

6. Anti-Cheat & Multi-Account Detection

To protect the fairness of the Game and to enforce these Terms, you acknowledge and consent that we may collect, process, and analyse the following data, including by automated means:

• IP address, approximate geolocation, and device, browser, and platform fingerprints;
• Login times, session patterns, click rates, request rates, and other behavioural telemetry;
• In-game actions, including trades, mail, bank transfers, market listings, gifts ("The Drop"), family donations, attack and raid logs, and casino activity;
• Communications metadata in chat, mail, forum, and family channels;
• Payment-related signals provided by our payment processors, including risk scores and chargeback indicators.

This data is used to detect multi-accounting, automation, fraud, real-money trading, exploitation, and breaches of the Code of Conduct. Decisions of significant impact (e.g. permanent bans) include human staff review. You may appeal moderation actions as set out in the Code of Conduct. The legal basis for this processing under UK and EU GDPR is our legitimate interests in protecting the integrity of the Service and our Players. See our Privacy Policy for full details.

7. Player Conduct & Code of Conduct

The Fifth Family is a competitive mafia-themed roleplaying game. In-character conflict — attacks, raids, rivalries, syndicate disputes, betrayal — is part of the design and is permitted within the Game's mechanics. Out-of-character behaviour directed at real people is held to a different standard.

The following is strictly prohibited regardless of in-character framing:

• Harassment, bullying, stalking, sustained targeting, or intimidation of other Players;
• Hate speech or discriminatory content based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, age, or any other protected characteristic;
• Real-life threats of violence, harm, or unlawful action;
• Sexual content involving minors, or any sexualised content directed at a Player believed or known to be under 18;
• Doxxing — publishing or threatening to publish another person's private information;
• Sharing or soliciting child sexual abuse material, terrorist content, or other content that is illegal under UK law (see Section 21 for our notice and takedown process);
• Spam, advertising, referral-link spam, or promoting external products or services in chat, mail, family forums, or any other communication feature;
• Impersonation — pretending to be, or creating a username, family name, family crest, profile, avatar, or in-game communication that could reasonably be taken as: (a) one of our staff, moderators, or developers; (b) another Player; (c) a real-world person, including public figures, content creators, streamers, journalists, or private individuals; (d) a real-world business, brand, organisation, or agency, including other game studios and their staff (for example, staff or representatives of other competing or non-competing games), law-enforcement, or government bodies. Parody and satire that are clearly identifiable as such are permitted; impersonation that could mislead a reasonable Player is not;
• Intentional disruption of the moderation, support, or appeals process.

Penalties may include, in our discretion: warnings, content removal, mute, temporary suspension, permanent ban, IP and device ban, forfeiture of in-game assets, and refusal of refunds for purchases on banned accounts. The escalation ladder, examples, and appeals process are set out in the Code of Conduct.

8. User-Generated Content

The Service includes features that allow you to submit text and other content, including chat messages, private and group mail, family forum posts, profile bios, slogans, family names and crests, custom avatars, and family banner images ("User Content").

8.1 Your Responsibility

You are solely responsible for your User Content. You must not submit User Content that:

• Breaches Section 5, Section 7, or the Code of Conduct;
• Infringes any third party's intellectual-property, privacy, publicity, or other rights;
• Contains malware, hostile code, or links intended to compromise other Players or our systems;
• Reveals real-world personal information about other Players without their clear consent.

8.2 Licence You Grant Us

You retain ownership of your User Content. By submitting User Content, you grant The Fifth Family a worldwide, non-exclusive, royalty-free, sub-licensable, transferable licence to host, store, reproduce, display, distribute, modify (including for moderation and formatting), translate, and create derivative works of your User Content for the purpose of operating, improving, marketing, and securing the Service. This licence continues for as long as the User Content remains on the Service and for a reasonable period thereafter for backup, legal, and audit purposes.

Where moral rights exist in your User Content, you waive them in favour of The Fifth Family to the maximum extent permitted by applicable law, and you confirm that you have all rights necessary to grant this licence.

8.3 Moderation

We may, but are not obliged to, monitor, review, edit, hide, or remove any User Content at any time, with or without notice, where we reasonably believe it breaches these Terms or applicable law, or where we are required or permitted to do so by law. We are not the author of User Content submitted by Players and do not endorse it.

9. Virtual Currencies & Virtual Items

The Game contains in-game currencies (including, without limitation, in-game cash, Mafia Gold, and Platinum) and a wide range of virtual items, properties, vehicles, cosmetics, vigilantes, fragments, collections, battle-pass tiers, and other digital content (together, "Virtual Items").

• No real-world value. Virtual Items have no monetary value outside the Game. They cannot be redeemed, exchanged, or cashed out for real money or anything of real-world value.
• Licensed, not sold. Virtual Items are licensed to you under Section 4 for use within the Service. You do not own them, and you acquire no property, intellectual-property, or transferable right in them.
• Non-transferable. Virtual Items are personal to your account and may only move between Players using the in-Game features expressly designed for that purpose. They may not be sold, transferred, or assigned outside the Service.
• We may modify or remove them. We may, at any time and at our sole discretion, change, rebalance, devalue, replace, or remove Virtual Items, currencies, drop rates, store prices, or game mechanics. We will not generally compensate Players for such changes, except where compensation is required by law or expressly offered by us.
• Forfeiture. Virtual Items are forfeited on account termination or deletion (Sections 17 and 18) and may be temporarily restricted during investigations.

10. Purchases, Pricing & Tax

10.1 Channels

You may purchase Virtual Items and currency through:

• The Apple App Store and Google Play Store, where Apple or Google is the merchant of record and sets local pricing, taxes, and the refund policy;
• Our website using Stripe or PayPal, where the merchant-of-record arrangement is as identified at checkout.

10.2 Pricing & Currency

Prices are displayed at the point of purchase and may vary by region. Where prices are shown exclusive of tax, applicable VAT, GST, sales tax, or other indirect tax will be calculated and added at checkout based on your billing or device location.

10.3 Tax

You are responsible for any taxes, duties, or charges levied by your jurisdiction on your purchase, other than taxes on our income. Where Apple, Google, or another third-party platform is the merchant of record, those parties handle tax collection and remittance. Where we are the seller of record, we comply with our tax-collection obligations including, where applicable, UK VAT, EU VAT (including the non-Union OSS scheme for digital services to EU consumers), and equivalent regimes.

10.4 Authorisation

By placing an order you authorise the relevant payment processor to charge the payment method you have provided. If a payment fails, is reversed, charged back, or otherwise not honoured, we may suspend your account, withhold the corresponding Virtual Items, and pursue recovery.

10.5 Chargebacks & Payment Fraud

Initiating a chargeback or payment dispute without first contacting us through the in-game support system or [email protected] may result in suspension or permanent ban, forfeiture of Virtual Items obtained through the disputed transaction, and recovery of associated processing fees.

11. Refunds & Cancellation Rights

11.1 Mobile Store Purchases

Purchases made through the Apple App Store or Google Play Store are subject to those stores' refund policies and must be requested directly from Apple or Google. We have no ability to issue refunds for those purchases.

11.2 UK & EU 14-Day Cooling-Off Period (Digital Content)

Under the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and equivalent EU rules (Directive 2011/83/EU), consumers in the UK and EU normally have 14 days to cancel a distance contract for digital content.

However, you expressly request that we begin supplying the Virtual Items immediately upon purchase, and you acknowledge that by completing checkout you lose your right to cancel once supply has begun. This is shown to you at the point of purchase and you must consent to it before payment is taken. Where supply has not begun (for example, a failed delivery), you retain your cancellation right for 14 days.

11.3 Statutory Rights — Defective Digital Content

UK and EU consumers retain mandatory statutory rights under the Consumer Rights Act 2015 (UK) and equivalent EU consumer law that digital content must be of satisfactory quality, fit for purpose, and as described. Where digital content is defective, you are entitled to a repair, replacement, price reduction, or refund as required by those laws. Nothing in these Terms removes or limits those rights.

11.4 Discretionary Refunds

Outside the rights above, all purchases are final. We may, at our sole discretion, offer a refund or in-game compensation in cases of demonstrable error, unauthorised purchase from a verified account compromise, or significant service failure. Refunds are not granted for: change of mind, accidental purchases on shared devices, in-game losses (including casino losses), Player conduct violations resulting in account action, or items already substantially consumed.

12. Loot Boxes & Random Reward Mechanics

The Game contains random-reward mechanics, including but not limited to the Wheel of Fortune, Loot Boxes, Platinum Packs, Vigilante Packs, Mystery items, Collection drops, and similar features ("Random Reward Mechanics"). Some of these mechanics can be triggered by purchase of premium currency.

You acknowledge and agree that:

• Outcomes are determined by a random process operated server-side. The specific item received from any individual purchase or activation is not guaranteed;
• Indicative odds and possible reward pools, where applicable to a paid mechanic, are disclosed in-game on or before the point of purchase, in line with Apple App Store, Google Play, and UKIE guidance;
• Random Reward Mechanics use Virtual Items and Virtual Currency only and award Virtual Items only. They do not constitute gambling under UK law because they award no prize of money or money's worth in the real world;
• Random Reward Mechanics are not designed for, marketed to, or available to anyone under the age of 18;
• You may choose not to purchase premium currency or to participate in any Random Reward Mechanic, and the Game can be played without doing so.

If your jurisdiction prohibits or restricts paid Random Reward Mechanics (for example, Belgium currently treats certain paid loot boxes as regulated gambling), you must not purchase or activate them, and we may restrict or disable access to those features in your region.

13. Simulated Casino Features

The Game includes simulated casino-style mini-games, including Slots, Blackjack, Roulette, Mines, Plinko, and the Wheel of Fortune ("Casino Features"). Casino Features:

• Use only in-game Virtual Currency;
• Award only Virtual Items or Virtual Currency, which have no real-world value (Section 9);
• Are provided for entertainment only and do not constitute gambling, betting, or gaming under the UK Gambling Act 2005 or equivalent law in our principal places of operation;
• Cannot result in the payment, transfer, or redemption of real money, cryptocurrency, or anything of real-world value;
• Apply server-side daily caps on losses and winnings to discourage compulsive play.

Casino Features may be unavailable in jurisdictions whose law treats simulated gambling restrictively. We may restrict access to Casino Features based on your detected location.

14. Real-Money Trading (RMT)

Real-Money Trading ("RMT") is the buying, selling, trading, gifting, or transferring of any account, in-game currency, or in-game asset in exchange for real money, cryptocurrency, goods, services, or anything of external value. RMT is strictly prohibited under all circumstances. This policy exists to protect the fairness of the game economy, the safety of our Players, and the integrity of our competitive systems.

The following activities are prohibited, whether attempted, advertised, or completed:

• Account Trading — selling, buying, renting, leasing, or transferring an account, whether your own or another Player's;
• Currency Trading — exchanging in-game cash, Platinum, or Mafia Gold for real money or anything of external value;
• Item & Asset Trading — exchanging Virtual Items, properties, vehicles, cosmetics, or any other in-game asset for real money or anything of external value;
• Service Trading — offering or purchasing power-levelling, boosting, or any gameplay services for external value;
• Account Sharing — sharing access to your account with any other person, including family, friends, or paid services;
• Third-Party Sites — advertising or transacting RMT on any third-party website, marketplace, forum, Discord server, or social media platform (including but not limited to G2G, PlayerAuctions, Eldorado, Facebook Marketplace, eBay, and similar);
• Facilitation — assisting, promoting, linking to, or advertising RMT activity, even if you are not a direct party;
• Disguised Transfers — using The Drop, trades, gifts, family donations, or any other in-game feature as part of an RMT transaction.

Detection & Enforcement. We monitor activity (trades, drops, bank transfers, market listings, IP and device data, communications metadata, and external reports) for patterns consistent with RMT, using automated systems and manual investigation. Confirmed violations result in: permanent ban of all accounts involved (buyer and seller), forfeiture of all Virtual Items and Virtual Currency, no refunds on the banned accounts, and IP/device bans in severe or repeat cases.

Reporting. Report RMT to [email protected] or via the in-game support ticket system. Reports are kept confidential.

Good-Faith Exception. In-game gifts, drops, family donations, and trades between Players for in-game reasons (alliance-building, roleplay, helping new Players) are permitted and encouraged. The distinction is real-world consideration: if any external value changes hands, it becomes RMT.

15. Beta & Experimental Features

Some features may be marked as "beta", "experimental", "preview", "dev", or similar (for example, certain blackjack tables and roulette modes). These features are made available for testing and feedback purposes and may contain errors, behave unexpectedly, be reset, or be removed without notice. Virtual Items, currency, or progress related to beta features may be wiped or recalibrated. We provide beta features "as is" with no warranty beyond your statutory rights, and we are not liable for losses associated with beta features except as required by mandatory law.

16. Service Availability, Changes & Sunset

We aim to keep the Service available and stable but do not guarantee uninterrupted access. Maintenance, updates, technical issues, or third-party outages may interrupt the Service.

We reserve the right to:

• Modify, update, suspend, or discontinue any feature, mechanic, currency, balance, store offering, event, or piece of content at any time;
• Migrate Player data between systems or regions;
• Reset, rebalance, or wipe servers in exceptional circumstances (for example, severe duplication exploits);
• Sunset the Service entirely with reasonable advance notice (which we will aim to give at least 30 days where reasonably practicable). On a sunset, all Virtual Items and Virtual Currency will cease to be available and we are not obliged to refund unconsumed Virtual Items, except where required by law.

17. Account Termination & Suspension

We may, in our reasonable discretion, suspend, restrict, or permanently terminate your account, with or without notice, where:

• You breach these Terms or the Code of Conduct;
• Your activity exposes us, the Player community, or third parties to legal, financial, security, or reputational risk;
• We are required to do so by applicable law, regulation, or order;
• You initiate a chargeback or payment dispute that we determine to be unwarranted;
• You have not used your account for an extended period (we will give notice before terminating an inactive account where reasonably practicable).

On termination, your licence under Section 4 ends, all Virtual Items and Virtual Currency are forfeited, and outstanding obligations (including indemnity at Section 23) survive.

Appeals. If your account is actioned and you believe this was in error, you may appeal as set out in the Code of Conduct or by contacting [email protected]. We aim to respond to appeals within a reasonable time, generally 7–14 days.

18. Account Deletion & Data Retention

You may request deletion of your account at any time using the in-game support system or by emailing [email protected]. Verified deletion requests are processed within 30 days.

On account deletion:

• Your account and personal data are permanently deleted or anonymised in accordance with the Privacy Policy;
• All Virtual Items and Virtual Currency are forfeited with no refund;
• Your username may become available for use by other Players after a cooldown period;
• Active premium passes, subscriptions, or memberships terminate without refund;
• Where required by law (for example, payment, tax, or anti-fraud records), we retain limited records for the legally-required period.

19. Intellectual Property

19.1 Our IP

All content, code, design, graphics, artwork, character art, animations, music, sound effects, copy, mechanics, level design, balancing, world lore, names (including "The Fifth Family"), logos, trade dress, databases, and all other elements of the Service (other than User Content and third-party content licensed to us) are the property of The Fifth Family or our licensors and are protected by copyright, trade-mark, database, and other intellectual-property laws in the UK and worldwide.

You acquire no rights in our intellectual property other than the limited licence at Section 4. You must not remove, obscure, or alter any copyright notice, trade-mark, or other proprietary notice on the Service.

19.2 Third-Party Content

The Service may include open-source software, fonts, icons, libraries, and other third-party content used under licence. Where required, attributions are made available within the Service.

19.3 Feedback

If you submit suggestions, ideas, feedback, or proposals about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully sub-licensable licence to use, exploit, and incorporate the Feedback into the Service or any other product, without obligation or compensation to you. You confirm that any Feedback you submit is your own and does not infringe third-party rights.

19.4 AI & Machine Learning

You must not use the Service or any part of it (including User Content of others, our code, our art, or our copy) to train, fine-tune, or develop any artificial-intelligence or machine-learning model, except with our prior written consent.

20. DMCA & Copyright Complaints

If you believe content on the Service infringes your copyright, send a notice to [email protected] with subject line "Copyright Notice" containing:

• Your full name, postal address, telephone number, and email;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material claimed to be infringing, with sufficient detail to locate it on the Service (URL, in-game location, or screenshot);
• A statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent, or the law;
• A statement, made under penalty of perjury where applicable, that the information in your notice is accurate and that you are authorised to act on behalf of the copyright owner;
• Your physical or electronic signature.

We respond to valid notices and may take down the affected content. Repeated copyright infringement may result in account termination. Knowingly false notices may attract liability under applicable law (including 17 U.S.C. §512(f) for US Players).

21. Reporting Illegal Content (UK OSA / EU DSA)

The Fifth Family is a user-to-user service for the purposes of the UK Online Safety Act 2023 and an online platform for the purposes of the EU Digital Services Act (Regulation (EU) 2022/2065). We take illegal content seriously.

21.1 Notice & Action

If you encounter content on the Service you reasonably believe to be illegal (including, without limitation, child sexual abuse material, terrorism content, threats, incitement to violence, or content infringing intellectual property), report it immediately:

• In-game using the report function on chat messages, mail, forum posts, or profiles;
• By email to [email protected] with subject "Illegal Content Report" describing the content, where it appears, and why you believe it is illegal.

We will acknowledge receipt, investigate, and act on illegal content without undue delay. We may notify the reporter and the content author of our decision and the reasons for it. Where required by law, we may report content to competent authorities.

21.2 Single Point of Contact

For competent authorities and recipients of the Service requiring electronic communication under the DSA, our designated point of contact is [email protected]. The working language is English.

21.3 Children

The Service is restricted to adults (Section 2). We have no reasonable basis to believe minors are using the Service. Any verified report that a minor is using the Service or being exposed to harm via it will result in immediate suspension and investigation.

22. Disclaimers & Limitation of Liability

22.1 "As Is"

To the fullest extent permitted by law, the Service is provided "as is" and "as available". We make no warranties or representations, express or implied, regarding the Service, including warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted, error-free, or secure. Statutory warranties for consumers under UK and EU law are not excluded — see Section 11.3.

22.2 What We Are Not Liable For

To the fullest extent permitted by law, we exclude liability for:

• Loss of Virtual Items, Virtual Currency, or in-game progress, however caused;
• Indirect, special, consequential, exemplary, or punitive losses;
• Loss of profit, revenue, anticipated savings, business, opportunity, goodwill, or reputation;
• Loss or corruption of data, except as required by law;
• Acts or omissions of other Players;
• Any matter beyond our reasonable control (Section 27).

22.3 Liability Cap

Subject to Section 22.4, our total aggregate liability arising out of or in connection with these Terms and your use of the Service in any 12-month period shall not exceed the greater of: (a) the total amount you paid to us for the Service in the 12 months immediately preceding the event giving rise to the claim; or (b) GBP £50.

22.4 What We Cannot Limit

Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any other liability that cannot be excluded or limited under applicable law, including under the UK Consumer Rights Act 2015, the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982, and equivalent EU consumer-protection law. Your statutory rights as a consumer are not affected by these Terms.

23. Indemnity

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless The Fifth Family, its owners, officers, employees, contractors, and licensors from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your User Content;
• Your breach of these Terms or the Code of Conduct;
• Your breach of any applicable law or third-party right;
• Your use of the Service, except to the extent caused by our breach of these Terms or our negligence.

This indemnity does not apply to consumers in the UK or EU to the extent it would conflict with mandatory consumer law.

24. Governing Law & Disputes

24.1 Governing Law

These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, are governed by the laws of England and Wales.

24.2 Jurisdiction — UK & EU Consumers

If you are a consumer resident in the UK or the European Economic Area, you may bring proceedings in the courts of your country of residence or in the courts of England and Wales. We may bring proceedings against you only in the courts of your country of residence. Nothing in these Terms removes your right to bring proceedings under mandatory provisions of the consumer-protection law of your country of residence.

24.3 Jurisdiction — All Other Players

If you are not a consumer resident in the UK or the EEA, you and we agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms or the Service, and you waive any objection to that jurisdiction.

24.4 Class-Action Waiver (where permitted)

To the extent permitted by applicable law, all disputes will be brought on an individual basis only, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. This waiver does not apply where prohibited by mandatory law.

24.5 Online Dispute Resolution (EU Consumers)

If you are an EU consumer, you may also access the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

24.6 Time Limit

You agree that any claim against us must be brought within one (1) year after the cause of action arose, except where mandatory law provides for a longer period.

25. Region-Specific Disclosures

25.1 European Economic Area (GDPR)

If you are in the EEA, our processing of your personal data is governed by the EU General Data Protection Regulation (Regulation (EU) 2016/679). Your rights — including access, rectification, erasure, restriction, objection, portability, and to lodge a complaint with your supervisory authority — are set out in our Privacy Policy.

25.2 United Kingdom (UK GDPR & OSA)

UK Players are protected by the UK General Data Protection Regulation, the Data Protection Act 2018, and the Privacy and Electronic Communications Regulations 2003. UK Players have the right to lodge a complaint with the Information Commissioner's Office (ico.org.uk). The Service is operated in compliance with applicable provisions of the Online Safety Act 2023 — see Section 21.

25.3 California (CCPA / CPRA)

California residents have specific rights under the California Consumer Privacy Act and California Privacy Rights Act, including the right to know, delete, correct, and limit use of personal information, and the right to opt out of sale or sharing of personal information. We do not "sell" personal information for money, and we have set out our position on "sharing" for cross-context behavioural advertising in our Privacy Policy. To exercise rights, contact [email protected] with subject "California Privacy Request".

25.4 Brazil (LGPD)

Brazilian Players are protected by the Lei Geral de Proteção de Dados (LGPD, Law 13.709/2018). Rights of access, correction, anonymisation, portability, and deletion may be exercised by contacting [email protected].

25.5 Other Jurisdictions

Players in Australia, Canada, South Korea, and other jurisdictions retain the rights granted by their local consumer-protection and data-protection laws to the extent they apply mandatorily. Where local law is more protective than these Terms, local law prevails on those matters.

25.6 Restricted Regions

The Service is not directed to any jurisdiction in which its provision would be illegal. We may restrict or refuse access from jurisdictions whose law restricts simulated casino mechanics, paid loot boxes, or competitive PvP games. You are responsible for ensuring your use of the Service complies with the law of your location.

26. Apple App Store & Google Play Terms

26.1 Apple-Specific Terms (Licensed Application End User Licence Agreement)

If you obtained the Game from the Apple App Store, you acknowledge that:

• These Terms are between you and The Fifth Family only, not Apple. Apple is not responsible for the Game or its content;
• The licence at Section 4 is, on iOS devices, limited to use on Apple-branded products that you own or control and as permitted by Apple's Usage Rules in the App Store Terms of Service;
• Apple has no obligation to provide maintenance or support for the Game;
• If the Game fails to conform to any applicable warranty, you may notify Apple, who may refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation;
• The Fifth Family is solely responsible for product claims, including product-liability, consumer-protection, and intellectual-property claims;
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

26.2 Google Play

If you obtained the Game from Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to these Terms.

27. Force Majeure

We are not liable for any failure or delay in performing our obligations under these Terms caused by circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemic, war, terrorism, civil unrest, government action, sanctions, internet or telecommunications failure, hosting-provider outage, distributed denial-of-service attack, third-party platform failure (Apple, Google, Stripe, PayPal, payment networks), or shortage of essential supplies or services.

28. General Provisions

• Entire Agreement. These Terms, the Privacy Policy, and the Code of Conduct constitute the entire agreement between you and us in respect of the Service and supersede any previous agreement.
• Severability. If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision is severed and the remainder of these Terms continues in full force.
• No Waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment. You may not assign or transfer your rights or obligations under these Terms. We may assign or novate these Terms (in whole or part) to an affiliate, successor, or buyer of all or substantially all of our business or assets, on notice to you. Where required by mandatory consumer law, you may terminate your account in connection with such assignment.
• No Partnership. Nothing in these Terms creates any partnership, joint venture, agency, employment, or fiduciary relationship.
• Third-Party Rights. Other than as expressly stated (Apple in Section 26 and our affiliates and licensors as indemnified parties under Section 23), no person who is not a party to these Terms has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce them.
• Notices. We may give notice under these Terms by email, in-game notification, or by posting at /tos.php. You must give notice to us by email to [email protected].
• Survival. Sections that by their nature should survive termination (including Sections 9, 14, 19, 22, 23, 24, and 28) survive.
• Language. The English-language version of these Terms is the controlling version. Any translation is provided for convenience only.

29. Changes to These Terms

We may update these Terms from time to time. Where changes are material, we will notify you by email, in-game notification, or both, and will update the "Effective Date" at the top of this page. Where the law requires, we will obtain renewed consent before continuing to provide the Service. If you do not agree to the updated Terms, you must stop using the Service and may close your account. Continued use of the Service after the Effective Date of an update constitutes acceptance of the updated Terms.

30. Contact

You can reach us via:

• Email: [email protected]
• In-game: Support Ticket system
• Website: www.thefifthfamily.com

For privacy-specific requests, see our Privacy Policy. For conduct, reporting, and appeals, see our Code of Conduct.

See also: Gazette · Privacy Policy · Code of Conduct · Game Manual