These Terms of Service ("Terms") form a binding agreement between you and Fanatech, Inc. ("Fanatech," "we," "us," or "our") governing your access to and use of the Fanatech mobile application and website (collectively, the "Platform"). By creating an account or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.
1. Eligibility
- You must be at least 13 years old to create an account.
- If you are between 13 and 18 (or the age of majority in your jurisdiction), you represent that a parent or guardian has reviewed and agreed to these Terms on your behalf, or that you have obtained appropriate consent, including where required for school- or team-affiliated accounts.
- By using the Platform, you represent that you have the legal capacity to enter into these Terms.
2. Account Types
2.1 Fans
Fans can create a profile, subscribe to creators, like and comment on posts, and scan logos to unlock content. While they have an active subscription, fans can also post their own content on their fan profile and follow other fans.
2.2 Creators
Creators (athletes, teams, schools, organizations, and other approved accounts) can post content, upload approved logos, set subscription pricing within Fanatech's pricing framework, and receive payouts. Creator accounts are subject to the separate Fanatech Creator Agreement, which is incorporated into these Terms by reference for all Creator accounts.
3. Account Registration and Security
- You must provide accurate information and choose a username that does not impersonate others or infringe third-party rights.
- You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
- Notify us immediately of any unauthorized use of your account.
- We reserve the right to reclaim, reassign, or restrict usernames, including reserved handles associated with teams, schools, or brands not yet claimed by their rightful owner.
4. Subscriptions and Payments
- Fan subscriptions. Fans pay a fixed monthly subscription fee per creator, currently $4.99/month, to access that creator's subscriber content, as displayed in the app at the time of subscription.
- Creator accounts. Creator, team, school, and organization accounts pay a monthly platform access fee, currently $39/month, to maintain an active Creator account and access Creator tools.
- Renewal and cancellation. Subscriptions renew automatically each billing period until canceled. You may cancel at any time; cancellation takes effect at the end of the current billing period, and no partial refunds are provided for the remaining period except where required by law or platform (Apple/Google) policy.
- Payment processing. Payments are processed by Stripe (or, where required, the applicable app store's in-app purchase system). By subscribing, you authorize recurring charges to your selected payment method.
- Platform fee. Fanatech retains a platform fee of 10% of the subscription price of each fan payment.
- Processing and payout fees. Payment processing fees are paid by the Creator, not by Fanatech, and are deducted from the Creator's earnings. These currently include Stripe's card processing fee (2.9% + $0.30 per payment), Stripe's subscription billing fee (0.7% of the payment), and Stripe Connect fees (currently $2 per month for each active Creator account, plus 0.25% + $0.25 per payout). Stripe sets these fees and may change them.
- Payouts. Creator earnings are paid out through Stripe Connect on the payout schedule shown in the Creator's account settings, subject to the Creator Agreement and completion of Stripe's identity verification.
- Changes. We may update prices, fees, and the revenue share with reasonable advance notice.
Example: How a $4.99 Fan Payment Is Split
- Fan pays: $4.99
- Stripe card and subscription processing fees (paid by the Creator): approximately $0.48
- Fanatech platform fee (10% of $4.99): approximately $0.50
- Creator receives: approximately $4.01, before any monthly Stripe Connect fees
This example is for illustration. Actual amounts depend on Stripe's fee schedule at the time of the payment, the payment method, and the card's country.
4.1 If a Creator Leaves Fanatech
If a Creator you subscribe to closes their account, the following applies:
- Your membership is paused automatically and you will not be charged until you choose one of the options below.
- You may keep viewing the content you unlocked from that Creator for as long as your Fanatech account remains active, unless the Creator chooses to remove it.
- Switch Creators. You may move your subscription to another Creator. Your subscription and billing date stay the same, and your payment goes to the new Creator.
- Stay active without a Creator. You may keep your $4.99 monthly membership active, which keeps your ability to post, your followers, and your connections with other fans. Fees paid while you have no Creator are retained by Fanatech.
- Stay paused. While paused, you are not charged and your account and posts are saved, but you cannot post new content until you resume your membership or choose a Creator.
- If you fully cancel your account, your posts and account content are permanently deleted 30 days after cancellation.
- Content may still be removed at any time for violations of these Terms or the Community Guidelines, valid copyright claims, legal requirements, or a parent or guardian's withdrawal of consent for a minor.
5. Logo Scanning and Unlockable Content
- The Platform allows fans to scan approved team, school, athlete, or creator logos on merchandise to unlock associated digital content.
- Only logos submitted by and approved for a verified Creator account may be used to trigger unlocks. Users may not upload or misuse logos they do not have rights to.
- Camera access is required to use the scanning feature. See our Privacy Policy for details on how scan data is used.
- Unlocked content availability may depend on an active subscription to the associated creator, as described in the app.
6. User Content
6.1 Your Content
You retain ownership of content you upload ("User Content"). By posting User Content, you grant Fanatech a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, and distribute that content solely for purposes of operating, promoting, and improving the Platform.
6.2 Responsibility for Content
You are solely responsible for your User Content and represent that you have all necessary rights to post it, including rights to any music, video, images, or likenesses included. Fanatech does not pre-screen all content but may remove content that violates these Terms or our Community Guidelines.
6.3 Prohibited Content
Prohibited content and conduct are described in the Fanatech Community Guidelines, which are incorporated into these Terms by reference.
7. Intellectual Property
- The Platform, including its design, features, trademarks, and underlying technology, is owned by Fanatech or its licensors and is protected by intellectual property laws.
- Team, school, and brand logos remain the property of their respective owners and are used on the Platform only under license or authorization from the applicable Creator.
- You may not copy, modify, reverse-engineer, or create derivative works of the Platform except as expressly permitted.
8. Moderation and Enforcement
- We may review, remove, or restrict content or accounts that violate these Terms, our Community Guidelines, or applicable law.
- We may suspend or terminate accounts for violations, fraudulent activity, chargebacks, or abuse of the Platform.
- Users may report content or other users for review through in-app reporting tools.
9. Termination
- You may delete your account at any time within the app. Your posts and account content are permanently deleted 30 days after you cancel or delete your account.
- We may suspend or terminate your access to the Platform, with or without notice, for violations of these Terms, Community Guidelines, or Creator Agreement, or for conduct we determine harms Fanatech, other users, or third parties.
- Upon termination, your right to use the Platform ends immediately; certain provisions of these Terms (e.g., intellectual property, disclaimers, limitation of liability) survive termination.
10. Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT LOGO SCANNING WILL BE ERROR-FREE OR THAT THE PLATFORM WILL BE UNINTERRUPTED OR SECURE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FANATECH AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, ARISING FROM YOUR USE OF THE PLATFORM. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO FANATECH IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
12. Indemnification
You agree to indemnify and hold harmless Fanatech from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the Platform, your User Content, or your violation of these Terms.
13. Dispute Resolution and Governing Law
- These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles, except where superseded by applicable app store or consumer protection law.
- [Arbitration/venue clause pending — recommend attorney input on binding arbitration vs. court venue, and any class-action waiver.]
14. Changes to the Platform and Terms
We may modify these Terms from time to time. Material changes will be communicated via in-app notice or email. Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.
15. Contact Us
Questions about these Terms can be sent to: