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Terms of Use

These Terms govern access to and use of the Game. Outmark currently offers Fives, a strategy game played in your browser.

Effective August 22, 2026 · Last updated October 7, 2026

Outmark Ad-free purchases

When available, Outmark Ad-free is an optional one-time purchase that removes advertising on your signed-in Outmark account. The total and currency appear at checkout. There is no recurring subscription and no gameplay advantage. Free play remains available.

Ad removal does not expire while Outmark operates. It applies across supported Outmark modes and devices when you sign in to the purchasing account. It does not guarantee that the service or any individual feature will continue forever. Sign in with the same email to restore access; clearing browser data does not erase a paid account entitlement.

Contact Support about duplicate charges, failed access, or refund requests, including your receipt reference but never card details. Approved full refunds and payment disputes may suspend or revoke the associated ad-free access. Nothing here limits mandatory cancellation, refund or other consumer rights.

1. Agreement to these Terms

By accessing or using the web game currently branded as Outmark (the “Game”), you agree to these Terms and acknowledge the Privacy Policy. Before creating or joining games with a username, the Game may ask you to record this acceptance on your device. If you do not agree, do not use the Game.

2. Eligibility

You must be at least 13 years old to use the Game. If the law where you live requires a higher age for you to consent to these Terms, you may use the Game only with the involvement and permission required by that law. The Game is intended for a general audience and is not directed to children under 13.

3. What the Game provides

Optional Outmark accounts use an email sign-in link or code. Keep access to your email secure. Accounts restore purchases across devices; game records, streaks and player profiles currently remain in the browser where you played.

The Game is an entertainment service that may include challenge links, matchmaking, computer opponents, reactions, scorekeeping, rematches, experimental game modes, and other features. No account is currently required for ordinary play.

Rules, balance, bot strength, interfaces, modes, branding, and features may change as the Game is developed. Unless separate written rules expressly say otherwise, gameplay has no cash value, prize value, wagering value, or entitlement to compensation.

4. Fair play and automated opponents

Some matches may be played against a computer-controlled opponent. A bot may select moves automatically and may use stronger or weaker strategies over time. We do not promise that a bot is perfect, unbeatable, predictable, or equivalent to a human player.

Bot-ladder badges, Brutal Boss rarity percentages, verified records, streaks, achievements, and similar status features are gameplay features only. They have no monetary or prize value unless we publish separate written promotion rules that expressly provide otherwise.

Multiplayer systems may include balancing mechanics such as side swaps, alternate starters, or other rule changes. We may adjust those mechanics to improve competitive balance.

5. Your username and game-visible content

You are responsible for the username, reactions, report details, and other information you choose to submit. Usernames are device-level handles, not guaranteed unique accounts. We use automated checks to reject many inappropriate or impersonating usernames and may block or remove usernames at any time. Do not use content that is unlawful, threatening, hateful, harassing, sexually explicit, invasive of privacy, infringing, fraudulent, impersonating, or designed to disrupt the service.

You retain any rights you have in content you submit. You grant us a limited, worldwide, non-exclusive, royalty-free license to host, process, reproduce, and display that content only as reasonably necessary to operate, secure, moderate, and improve the Game.

6. Acceptable use

You may not:

  • interfere with, overload, probe, attack, or bypass the security or technical restrictions of the Game;
  • use another player’s private session credential or attempt to control a side you are not authorized to control;
  • use scripts, bots, scraping, or automated traffic in a way that harms service availability, manipulates public competition, or creates unreasonable load;
  • reverse engineer or exploit the service for malicious purposes, except to the extent such a restriction is prohibited by applicable law;
  • use the Game to violate law or the rights of another person.

Research, commentary, ordinary browser inspection, and good-faith security reporting are not prohibited merely because they involve technical analysis, provided they do not harm users or the service.

7. Challenge links, Party rooms, and multiplayer conduct

Challenge links are designed to be shared. A recipient may forward a link to someone else, so do not treat a challenge URL as confidential. You are responsible for choosing whom you send links to and for your conduct toward other players.

The Game provides in-product tools to report another player and to block a rival in the current game on your device. Reports may be reviewed for moderation, safety, fraud prevention, and Terms enforcement. Knowingly false, malicious, or abusive reporting is prohibited. Player names are not globally unique and device-level blocking is not a permanent account-level ban.

We may restrict, cancel, or remove games, names, reactions, traffic, or access where reasonably necessary to protect users, enforce these Terms, address abuse, comply with law, or maintain the service.

8. Intellectual property

Except for content provided by users or third parties, the Game’s software, rules presentation, visual design, graphics, branding, text, and other service materials are owned by or licensed to the operator and are protected by applicable intellectual-property laws. These Terms give you a limited, personal, revocable, non-exclusive right to use the Game for its intended purpose; they do not transfer ownership of the Game or its intellectual property.

9. Feedback

If you voluntarily provide ideas, suggestions, bug reports, balance suggestions, or other feedback, you give us permission to use that feedback without restriction or compensation, while retaining any rights the law does not allow you to waive.

10. Optional reminders

If your browser or installed web app supports notifications, you may choose to enable functional reminders such as Daily Position availability, your-turn alerts, rematch requests, and Party-room updates. Notifications are optional, may be delayed or unavailable because of browser, device, network, or platform behavior, and can be disabled at any time in the Game or through your browser/device settings.

We do not promise that a notification will arrive before a game changes or expires, and notifications are not intended for emergencies, financial decisions, or any other time-critical purpose.

11. Third-party services

When purchases are available, Stripe processes payments on its hosted checkout. Outmark does not receive your full card number. Declining optional ad tracking does not require a purchase.

Advertising is currently disabled while Google AdSense H5 Games Ads approvals and setup are completed. The planned limit is one possible ad at a player-initiated break after three completed games in a browser-tab session, then after every two additional completed games. Ads will not interrupt turns. An eligible break may have no ad because of privacy choices, account status, ad availability, or Google's frequency limits. Read Advertising and your choices for the planned provider and privacy controls.

The Game depends on third-party infrastructure, including hosting and backend providers such as Netlify and Supabase. Those providers may have their own terms and privacy practices. We are not responsible for independent third-party services that are outside our control.

12. Availability, changes, and termination

Changes to the service do not remove rights you have under applicable consumer law, including rights relating to paid purchases.

The Game is provided as an evolving service. We may add, remove, suspend, modify, rebalance, rename, or discontinue features or the service itself. We do not promise uninterrupted availability, preservation of every game record, compatibility with every device, or permanent availability of a particular link or feature.

You may stop using the Game at any time. We may suspend or restrict access for abuse, security, legal, operational, or other legitimate reasons.

13. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE GAME IS PROVIDED “AS IS” AND “AS AVAILABLE.” We disclaim implied warranties to the extent the law permits, including warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.

Nothing in these Terms excludes warranties, guarantees, or consumer rights that cannot lawfully be excluded.

14. Limitation of liability

To the maximum extent permitted by law, the operator and its affiliates, contributors, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, lost goodwill, or business interruption arising from use of or inability to use the Game.

To the maximum extent permitted by law, our aggregate liability arising out of or relating to the Game will not exceed the greater of US $100 or the amount you paid us for the Game during the 12 months before the event giving rise to the claim. This limitation does not apply where applicable law prohibits it.

15. Indemnity

To the extent permitted by law, you agree to be responsible for claims, losses, and reasonable costs arising from your unlawful misuse of the Game, your violation of these Terms, or content you submit that infringes another person’s rights. This section does not require you to indemnify anyone for conduct for which indemnification cannot lawfully be required.

16. Applicable law and disputes

Applicable law may give you mandatory rights based on where you live, and nothing in these Terms is intended to remove those rights. Any dispute will be governed by applicable law and heard in a court or forum that has lawful jurisdiction. We may later add more specific dispute procedures if the operating business, distribution model, or paid services change.

17. Changes to these Terms

We may update these Terms as the Game evolves. We will update the date above and provide additional notice when required by law. Continued use after revised Terms become effective constitutes acceptance where permitted by law.

18. Contact and support

For gameplay or safety support, use our Support page. For privacy rights requests, use the request path on our Privacy Policy.