Terms of Service
Introduction
These Terms of Service (“Terms”) form a binding agreement between Capital Thought, LLC, a Texas limited liability company with its principal place of business at 701 Brazos Street, Suite 100, Austin, TX 78701 (“Capital Thought,” “we,” “us”), and the customer organization (“Customer,” “you”) that uses High Fives, a workplace directory, peer recognition, and team game product operated at highfives.app(the “Service”). By accessing or using the Service you agree to these Terms on behalf of your organization and on behalf of yourself as an authorized user.
Who can use
You must be at least 18 years old to use the Service. You may only access the Service if you are (a) an authorized administrator of a Google Workspace organization connecting your organization to the Service, or (b) an invited or automatically provisioned member of an organization that has already connected to the Service. You represent that you have the authority to agree to these Terms on behalf of your organization and its members.
Acceptable use
You agree not to, and not to permit anyone acting on your behalf to:
- scrape, crawl, or otherwise bulk-export the Service except through features we officially provide (e.g. the data portability endpoint);
- attempt to access, query, or interfere with data belonging to any organization other than your own, including by exploiting or attempting to circumvent row-level security;
- abuse the anonymous reporting channel — for example, by submitting false or bad-faith reports, using it to harass a coworker, or using it to transmit spam, malware, or illegal content;
- attempt to re-identify, deanonymize, or correlate anonymous reporters through timing analysis, metadata probing, traffic analysis, or any other means;
- reverse-engineer, decompile, or attempt to derive the source code of the Service, except to the extent that applicable law expressly permits such activity notwithstanding this restriction;
- use the Service to build a competing product, or use the Service to train generalized AI/ML models;
- interfere with, disrupt, or degrade the Service, its infrastructure, or other users’ use of it, including by probing or load-testing without prior written permission.
Account security
Authentication to the Service is handled through Google OAuth. You are responsible for the security of your Google account, including enabling two-factor authentication and keeping your recovery methods current. If you become aware of unauthorized access to your Google account or your High Fives organization, notify us promptly at security@highfives.app.
User content
You and your organization retain all ownership rights in the content you submit to the Service, including high fives, reactions, high-five drafts, anonymous reports, and any directory data mirrored from your Google Workspace. You grant Capital Thought a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, and display that content solely to operate, maintain, secure, and improve the Service for you. This license ends when the content is deleted from the Service, except to the extent retention is required by law or by the retention rules described in our Privacy Policy.
Pricing and payment
The Service is currently offered free of charge during beta. Capital Thought reserves the right to introduce paid tiers or usage-based pricing in the future. If we do, we will provide at least 30 days’ prior notice by email to organization owners and will not begin billing without affirmative acceptance of a paid plan. No fees are owed while the Service is in free beta.
Termination
You may stop using the Service at any time. Organization owners may close the organization and initiate deletion of all organization data from the settings page. When an organization is closed, we provide a 30-day data export window during which owners can download a machine-readable export; after 30 days, organization data is permanently deleted, subject to the retention windows for anonymous reports described in the Privacy Policy.
Designated Trust & Safety admins within your organization can request immediate deletion of a specific anonymous report outside the default retention window; those deletions are audit-logged and cannot be used to mask ongoing investigations.
We may suspend or terminate access to the Service, with or without notice, if you materially breach these Terms, if required by law, or if continued operation would create a security, legal, or abuse risk to other users.
Disclaimers and limitation of liability
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. CAPITAL FACTORY DOES NOT WARRANT THAT DIRECTORY DATA MIRRORED FROM GOOGLE WORKSPACE IS ACCURATE, COMPLETE, OR CURRENT; THAT DATA IS SOURCED FROM YOUR ORGANIZATION’S OWN DIRECTORY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CAPITAL FACTORY, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CAPITAL FACTORY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (a) THE AMOUNT OF FEES YOU PAID CAPITAL FACTORY FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED U.S. DOLLARS (US $100) WHILE THE SERVICE IS OFFERED FREE OF CHARGE.
Indemnification
You agree to indemnify, defend, and hold harmless Capital Thought, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your or your organization’s misuse of the Service, (b) your violation of these Terms, (c) your violation of any applicable law or the rights of any third party, or (d) content you or your members submit to the Service.
Governing law and venue
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Travis County, Texas, and each party consents to the personal jurisdiction and venue of those courts.
Changes to these Terms
We may update these Terms from time to time. Material changes will be announced by email to organization owners at least 30 daysbefore they take effect, and the “Last updated” date at the top of this page will be revised. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, your remedy is to stop using the Service and close the organization before the effective date.
Contact
Legal notices: legal@highfives.app
Capital Thought, LLC
701 Brazos Street, Suite 100
Austin, TX 78701
United States
Mailing address for legal notices:
9450 SW Gemini Dr, Suite 70468
Beaverton, OR 97008