Terms of Service

These Terms of Service govern your access to and use of 5AM, a Kuala Lumpur-based nightlife talent marketplace that connects performers, venues, and other nightlife operators. By creating an account, browsing listings, submitting a booking request, or otherwise using the platform, you agree to be bound by these Terms and our Privacy Policy.

If you use 5AM on behalf of a venue, agency, or other business, you confirm that you have authority to bind that organisation to these Terms.

You must provide accurate, current, and complete information when creating and maintaining your account. You are responsible for safeguarding your login credentials and for all activity that occurs under your account.

You must be at least 18 years old and legally able to enter binding contracts to use 5AM. We may suspend, restrict, or terminate accounts that are fraudulent, misleading, abusive, or otherwise in breach of these Terms.

5AM provides software and marketplace tools to help performers and venues discover one another, exchange messages, and manage bookings. Unless expressly stated otherwise, 5AM is not the employer, manager, agent, or legal representative of either party to a booking.

Performers use the platform without a subscription fee. Venue or agency-facing paid features, if offered, are governed by the pricing and billing terms shown at the time of purchase.

Performers remain responsible for all profile information, media, descriptions, rates, availability, and other content uploaded to 5AM. You must only upload content you own or have permission to use, and your content must not infringe third-party rights or break Malaysian law.

You agree that performer content must be truthful, professional, and suitable for a venue-booking marketplace. We may remove or moderate content that is inaccurate, unlawful, unsafe, defamatory, or harmful to the platform or its users.

A booking is formed when the performer and venue confirm commercial terms through 5AM or otherwise agree to proceed using the platform workflow. Each party is responsible for ensuring that the booking details, performance scope, fees, timings, rider requirements, cancellation expectations, and venue conditions are accurate before confirmation.

Venues are responsible for providing a safe and lawful performance environment. Performers are responsible for arriving on time, performing professionally, and honouring confirmed commitments except where cancellation is reasonably necessary. 5AM may provide booking records, reminders, or dispute-support tools, but it does not guarantee performance quality, attendance, or payment unless explicitly stated in writing.

5AM and its licensors own the software, branding, layouts, text, graphics, and other platform materials, excluding user-submitted content. No ownership rights are transferred to you by using the service.

By uploading content to 5AM, you grant us a non-exclusive, worldwide, royalty-free licence to host, reproduce, adapt, publish, and display that content for the purpose of operating, promoting, and improving the marketplace. This licence ends when the content is removed from the platform, subject to reasonable backup, legal, and archival needs.

If you purchase a paid venue or agency feature, you agree to the pricing, billing cycle, and cancellation terms presented at checkout. Late or failed payments may result in suspension of paid features.

We may suspend or terminate access where required to protect users, investigate abuse, comply with law, or maintain platform integrity. You may stop using 5AM at any time, but outstanding payment or booking obligations remain enforceable.

To the fullest extent permitted by Malaysian law, 5AM is provided on an "as is" and "as available" basis without warranties of uninterrupted availability, specific outcomes, or suitability for any particular purpose.

5AM will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profit, bookings, goodwill, data, or reputation, arising out of or related to your use of the platform. Our aggregate liability for claims relating to 5AM will not exceed the greater of RM500 or the amount you paid us in the 12 months before the event giving rise to the claim.

If a dispute arises between users, the parties must first attempt to resolve it in good faith through the platform messaging or support process. 5AM may, at its discretion, review platform records and assist with informal mediation, but we are not required to adjudicate disputes.

Any dispute between you and 5AM should first be raised by written notice to [email protected] with sufficient detail for us to investigate. Both parties agree to attempt good-faith negotiation before commencing formal proceedings.

These Terms are governed by the laws of Malaysia. Subject to the dispute process above, the courts of Kuala Lumpur, Malaysia will have exclusive jurisdiction over any claim or dispute arising from or relating to these Terms or the use of 5AM.