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, follow creators, like and comment on posts, subscribe to creators, and scan logos to unlock content.
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
- Fans pay a fixed monthly subscription fee per creator, currently set at $4.99/month (PLACEHOLDER — subject to change prior to launch), to access that creator's subscriber content, as displayed in the app at the time of subscription.
- Creator, team, school, and organization accounts pay a monthly platform access fee, currently set at $49/month (PLACEHOLDER — subject to change and to future tiered pricing based on organization level), to maintain an active Creator account and access Creator tools.
- 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.
- Payments are processed via Stripe (or applicable app store in-app purchase system). By subscribing, you authorize recurring charges to your selected payment method.
- Creators receive a net revenue share (currently 90%, PLACEHOLDER — subject to change prior to launch) of fan subscription revenue attributable to their content. Standard payment processing fees (Stripe's per-transaction rate plus the Stripe Billing fee, currently 2.9% + 0.7% + $0.30, i.e. approximately 3.6% + $0.30 per transaction) are deducted from gross subscription revenue before the revenue split is applied, so processing costs are shared proportionally between Fanatech and the Creator. This fee-deduction method is also a placeholder pending final confirmation.
- Payouts are issued on a next-business-day basis through Stripe Connect, subject to the Creator Agreement.
- Prices, fee structures, revenue splits, and the order in which processing fees are deducted may be updated with reasonable advance notice, and none of the figures above are final.
Example: How a $4.99 Fan Payment Is Split (Illustrative Only)
Using the placeholder figures above (2.9% + 0.7% + $0.30 per-transaction processing fee, 90/10 revenue split), a single fan's $4.99 monthly payment to one Creator would flow as follows:
- Gross fan payment: $4.99
- Payment processing fee (approximately 3.6% of $4.99, plus $0.30): approximately $0.48
- Remaining net revenue after processing fee: approximately $4.51
- Creator share (90% of net): approximately $4.06
- Fanatech share (10% of net): approximately $0.45
This example is for illustration only. Actual amounts may vary slightly based on Stripe's exact fee schedule at the time of the transaction, currency, or payment method, and all figures (price, split, and fee amounts) remain placeholders subject to change before final pricing is locked in.
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.
- 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: