Terms of Service

1. Who we are and what these Terms cover

These Terms of Service ("Terms") are a binding agreement between you and Fanily Ventures LLC ("FaNILy", "we", "us"), the operator of the FaNILy platform, including the FaNILy mobile application and the website at gofanily.com (together, the "Platform").

These Terms govern your access to and use of the Platform as a fan, including your creation and use of a Fan account and your purchase of digital content and experiences offered through the Platform. Athlete participation on the Platform is governed by a separate Athlete NIL Participation and Licensing Agreement.

By creating a Fan account or using the Platform as a fan, you agree to these Terms and to our Privacy Policy.

Fanily Ventures LLC is the seller of record for all purchases made on the Platform.

2. Eligibility and age requirement

You must be at least 18 years old to create a Fan account, make purchases, or use the Platform as a fan. By creating a Fan account or using the Platform as a fan, you represent and warrant that you are at least 18 years old and legally capable of entering into these Terms.

The Platform is not directed to, and may not be used by, anyone under the age of 18. If we learn that a Fan account belongs to someone under 18, we may suspend or terminate the account and remove any associated content or information, subject to applicable law.

3. Your account

You agree to provide accurate information when creating your Fan account and to keep that information current. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

Some parts of your profile describe a connection to a school, an organization, or another person - for example that you are an alumnus of a school, or the parent of a particular athlete. Add a connection only if it is true, keep it current, and do not add one that identifies another person unless you are entitled to state that relationship. We may ask you to verify a connection, and we may mark, restrict, or remove one that is disputed or that we are unable to verify.

Notify us at support@gofanily.com immediately if you suspect unauthorized use of your account. We may suspend or terminate accounts that violate these Terms.

4. What you are buying

The Platform lets you purchase digital content and experiences from athletes, including:

• Digital content: photos, videos, personalized messages, and shout-outs.
• Digital cards: collectible digital athlete cards.
• Fan recognition: recognize athletes and mark the moments that matter.
• Subscriptions: recurring access to an athlete's content feed, billed until cancelled.
• Athlete experiences: eligible digital or in-person opportunities where available.

All items are digital. Nothing sold on the Platform is a physical good, an investment, a security, a currency, or a right to receive any payment. Digital cards have no cash value and cannot be redeemed, exchanged, or transferred for money.

Every purchase is a commercial transaction in which you purchase content or an experience. Purchases are not gifts, donations, or contributions to any athlete, school, conference, athletic association, or other organization.

5. Purchases, billing, and taxes

Prices for all items are displayed in the athlete's storefront or elsewhere on the Platform at the time of purchase. By completing a purchase, you authorize us and our payment processor to charge your payment method for the total amount shown, including any applicable taxes.

Payments are processed by Stripe, Inc. We do not store your full payment card details. Your use of Stripe's services is subject to Stripe's applicable terms and privacy policy.

6. Subscriptions and cancellation

Subscriptions automatically renew at the price and billing frequency shown at checkout, and the same amount will be charged to your payment method each billing period until you cancel. We will disclose the subscription price, billing frequency, and renewal terms clearly before you subscribe, and you will affirmatively consent to the recurring charge at checkout.

You may cancel a subscription at any time through the Platform, without contacting us and without any cancellation fee. Cancellation takes effect at the end of your current billing period, and you keep access until then. Because subscriptions are billed at the end of each period, cancelling before the period ends means you are not charged for it.

Where required by law, we will send renewal or price-change reminders and will honor the cancellation methods and notice requirements that apply to you, including those under California and other applicable state auto-renewal laws.

Refund treatment for subscriptions, including proration and any refund when an athlete's subscription offering ends during a paid billing period, is governed by our Refund Policy, which is incorporated into these Terms by reference.

7. Refund policy

Refunds are governed by our Refund Policy, available at gofanily.com/refunds, which is incorporated into these Terms by reference.

8. Athlete content and conduct

Athletes on the Platform are independent content creators and participants. They are not employees of Fanily Ventures LLC solely because they participate on the Platform.

Athletes are responsible for the content they publish and the experiences they deliver, subject to their agreements with us and the Platform's rules.

We may review, moderate, restrict, or remove content. You may report content that you believe violates these Terms through the Platform or by contacting support@gofanily.com.

9. Your conduct

You agree not to:

• Harass, threaten, intimidate, abuse, or exploit any athlete or other user.
• Submit or send unlawful, hateful, discriminatory, sexually explicit, obscene, threatening, or abusive messages or requests.
• Request content that is illegal, violates the rights of another person, violates an applicable school, conference, athletic association, league, team, or governing-body rule, or cannot lawfully be provided by the athlete.
• Record, copy, reproduce, redistribute, resell, license, publish, publicly post, or commercially exploit content purchased or accessed through the Platform, except where expressly authorized by us or the applicable athlete.
• Use the Platform for gambling, wagering, sports betting, or any effort to improperly influence athletic participation, performance, competition, or outcomes.
• Attempt to access another person's account or interfere with the Platform's operation, security, systems, or networks.
• Use bots, scrapers, crawlers, automated tools, or other means to access or collect information from the Platform without our written permission.
• Misrepresent your identity, affiliation, age, payment authority, or the purpose of a request or purchase.

We may remove content, reject or cancel requests, restrict purchases, suspend or terminate accounts, and take other appropriate action in response to violations. Any refund will be handled under our Refund Policy.

10. License to purchased content

When you purchase or receive content through the Platform, you receive a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and enjoy that content for your own non-commercial use.

You do not acquire ownership of the content or any rights in an athlete's name, image, likeness, voice, signature, identity, trademarks, publicity rights, or other intellectual property.

Your ability to access content may depend on maintaining an active account, the continued operation of the Platform, and compliance with these Terms.

11. Intellectual property

The Platform, including its software, design, layout, features, logos, trademarks, text, graphics, and other materials, is protected by intellectual property and other applicable laws.

The Platform and its content belong to Fanily Ventures LLC, its affiliates, its licensors, the participating athletes, or other respective rights holders.

Except for the limited license expressly granted in Section 10, these Terms do not grant you any ownership interest or other rights in the Platform or its content.

If you believe content on the Platform infringes your copyright, our Copyright Policy explains how to send us a notice, how to respond if your own content is removed, and what happens to accounts that infringe repeatedly. We terminate the accounts of repeat infringers.

12. Disclaimers

The Platform is provided "as is" and "as available."

To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, and uninterrupted operation.

We do not guarantee that any athlete will remain on the Platform, publish any particular content, accept any request, or deliver any experience by a particular time, except as expressly stated in our Refund Policy.

We do not guarantee that the Platform will always be available, secure, uninterrupted, or free from errors, delays, viruses, or other harmful components.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

13. Limitation of liability

To the fullest extent permitted by law, Fanily Ventures LLC and its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to the Platform or these Terms.

To the fullest extent permitted by law, our total liability for any claim arising out of or relating to the Platform or these Terms will not exceed the greater of:

• The amount you paid to us during the 12 months immediately preceding the event giving rise to the claim; or
• $100.

Some jurisdictions do not allow certain exclusions or limitations of liability, so some portions of this section may not apply to you.

14. Dispute resolution

Please read this section carefully. It affects your legal rights, including your right to bring a lawsuit in court or have a jury decide your claims.

Except for disputes that qualify for small claims court or claims seeking injunctive or equitable relief relating to intellectual property, confidential information, unauthorized access to the Platform, or Platform security, you and Fanily Ventures LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or your use of the Platform will be resolved exclusively through final and binding individual arbitration.

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, unless the parties mutually agree to a different arbitration provider or procedures. The arbitration will be conducted before a single arbitrator.

Before initiating arbitration, either party must provide the other party with written notice describing the nature of the dispute and the requested resolution. The parties agree to attempt to resolve the dispute informally for thirty (30) days after receipt of the notice before commencing arbitration.

You and Fanily Ventures LLC each waive the right to a trial by jury and agree that any arbitration or legal proceeding will be conducted only on an individual basis. Neither party may bring or participate in any class action, collective action, consolidated action, representative action, or private attorney general action. The arbitrator may not consolidate the claims of multiple parties or preside over any class, collective, consolidated, or representative proceeding except to the extent such a waiver is prohibited by applicable law.

If any portion of this arbitration agreement or class action waiver is found to be unenforceable, the remaining provisions of this Section will remain in effect to the fullest extent permitted by law.

If arbitration is determined not to apply or is held to be unenforceable for a particular dispute, that dispute will be governed by the laws of the State of Georgia, without regard to its conflict of law principles, and will be brought exclusively in the state courts of Cobb County, Georgia, or the United States District Court having jurisdiction over Cobb County, Georgia. You and Fanily Ventures LLC consent to the personal jurisdiction of those courts and waive any objection based on venue or forum non conveniens.

Nothing in this Section prevents either party from bringing an individual action in small claims court if the claim qualifies for that court or from seeking temporary, preliminary, or permanent injunctive or equitable relief to protect intellectual property, confidential information, Platform security, or other rights that cannot adequately be remedied through monetary damages alone.

15. Changes to the Platform and these Terms

We may modify the Platform and these Terms from time to time.

If we make material changes to these Terms, we may notify you through the Platform, by email, or by posting the revised Terms with a new effective date.

Your continued use of the Platform after revised Terms take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform and may contact support to close your account.

16. Termination

You may stop using the Platform and close your Fan account at any time. If you have an active subscription, cancel it first - we will ask you to do that before closing the account, so that no further charge can be made after it is gone.

We may suspend, restrict, or terminate your access to the Platform for a violation of these Terms, suspected fraud, unauthorized activity, repeated infringement of copyright, risk to an athlete or other user, legal or regulatory requirements, or other conduct that we reasonably determine may harm the Platform or its participants.

Sections that by their nature should survive termination will survive, including the Refund Policy incorporated by reference and the sections on intellectual property, disputes, and liability, as well as any payment obligations and restrictions on the use of content.

17. Contact

Fanily Ventures LLC

3760 Sixes Rd, Ste 126-203

Canton, GA 30114

support@gofanily.com