Fan 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 digital items 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 and merchant of record for all purchases made on the Platform, sells all items on the Platform for its own account, and is solely responsible to you for delivery, refunds, chargebacks, and payment disputes. Athletes are not sellers of, and are not parties to, your purchase, and no other company is a party to your purchase. Fanily Ventures LLC is the only company you contract with when you buy 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 digital items connected to athletes, including:

• Digital content: photos, videos, and personalized messages ordered from an athlete, delivered within the timeframe shown at checkout.
• Digital cards: collectible digital athlete cards.
• Fan recognition: recognize athletes and mark the moments that matter. A paid fan recognition purchase includes the digital item or items identified at checkout, delivered at checkout.
• Subscriptions: recurring access to an athlete's content feed, billed until cancelled.

AI-Generated Content.Some digital items and content may be created or modified using artificial intelligence or other generative production tools. AI-generated content may vary from source images, examples, previews, and other outputs and may include differences in appearance, proportions, features, clothing, equipment, background, pose, lighting, composition, or other visual details. Those variations do not by themselves mean the item is defective or not as described, provided the delivered item is consistent with the Offering purchased and these Terms.

Items sold on the Platform are digital unless the item is identified as a physical item at checkout. If we deliver a physical item to you, you own that item. Nothing sold on the Platform is an investment, a security, a currency, or a right to receive any payment. Digital cards have no cash value and cannot be redeemed for cash. In-platform swaps, upgrades, and trade-ins expressly offered by FaNILy are permitted. Otherwise, digital cards cannot be redeemed, exchanged, transferred, or traded.

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

What a fan recognition purchase includes. When you buy a paid fan recognition item, you are buying the digital item or items shown at checkout, which we deliver to you at checkout. An athlete may also send a response, but a response is not promised to you, is not part of what you are buying, and may be an individual response or a group response. We do not refund a fan recognition purchase solely because no response is received. This is different from a Personalized Video or other item you order from an athlete, which is a purchase of that deliverable and is fully refundable if it is not delivered in the timeframe shown at checkout.

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. Fanily Ventures LLC is the retailer of the items sold on the Platform for sales and use tax purposes and collects and remits applicable sales and use tax on its own sales.

6. Subscriptions and cancellation

Subscriptions are billed in advance by calendar month and renew automatically on the first day of each calendar month at the price shown at checkout, and that amount will be charged to your payment method each month until you cancel. If you subscribe partway through a calendar month, you pay the full monthly price for that month and receive access to that month's subscriber content for the remainder of the month. We will disclose the subscription price, the monthly billing and renewal date, and the cancellation method clearly and 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, in the same manner in which you subscribed, without contacting us and without any cancellation fee. Cancellation stops the next monthly charge. Because subscriptions are billed in advance, cancelling during a month does not refund the month you have already paid for, and you keep access for the remainder of that month. We will not charge you for any month that begins after you cancel.

Subscription content is available through the Platform while your subscription to that athlete is active. When your paid subscription period ends, access to subscription content ends. If you later resubscribe to the same athlete, content from calendar months previously included in your paid subscription becomes available again, subject to content availability and applicable legal, rights-clearance, security, or technical restrictions.

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. If an athlete does not deliver all of the subscriber content promised for a calendar month, we refund a proportionate part of that month's subscription price as described in the Refund Policy, whether or not you ask.

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.

An athlete may stop participating on the Platform at any time. Items already delivered to you remain available as described in Section 10. For a limited period after an athlete stops participating, and for no more than twenty-four months, we may continue to offer digital versions, and may offer physical versions, of cards and collectibles that were first offered for sale while that athlete participated. Continued availability of an item does not mean that the athlete still participates on the Platform, and we will not state or suggest that the athlete does. After that period we will not accept new orders for those items. If an item remains available after an athlete stops participating, your purchase includes only the item or right shown at checkout and does not include any new personal service, response, or deliverable from that athlete unless expressly stated otherwise.

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 as permitted by Section 10 or expressly authorized by all applicable rights holders.
• 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

Except as specifically stated below, 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.

Digital cards and collectibles: digital cards and collectibles delivered to your Fan account remain available through the Platform for as long as we operate the Platform, subject to refund, reversal, or cancellation of the purchase, your compliance with these Terms, your account remaining active and in good standing, and changes we make for legal, technical, rights-clearance, security, or operational reasons. If you voluntarily close your Fan account, access to those digital items ends. You own any physical item we deliver to you. Except for a download right expressly granted at checkout, you acquire no right to reproduce, manufacture, license, distribute, or resell any item, and no right to use an athlete's name, image, or likeness for any commercial purpose.

Downloadable items: if an item is identified at checkout as downloadable, once delivered you may download, retain, and use a copy for your personal, non-commercial use. Voluntarily closing your Fan account does not terminate that personal-use license to a copy already delivered to you. We do not promise to maintain in-Platform access to the item after you close your account. If the purchase giving rise to the download right is refunded, reversed, cancelled, or charged back, your license to retain or use the downloaded copy ends and you must delete it.

Subscriptions: subscription content is in-Platform access, not a permanent digital collectible. Subscription content is viewable only through the Platform and is not downloadable. Access to subscription content is governed by Section 6.

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.

Our affiliates, including The Fieldhouse HQ LLC, and the participating athletes are intended beneficiaries of Sections 12, 13, and 14 and may enforce them directly. Any limit on our liability applies in the aggregate to us, our affiliates, and the participating athletes, and is not multiplied by the number of persons you name in a claim.

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 in effect when the claim is filed, unless the parties mutually agree to a different arbitration provider or procedures. The arbitration will be conducted before a single arbitrator. If the AAA's Mass Arbitration Supplementary Rules, or any successor or comparable rules of the administrator governing the filing of multiple similar demands, apply by their terms to a filing, those rules apply as in effect when the claim is filed. The arbitrator will conduct any hearing by videoconference unless the arbitrator determines that an in-person hearing is necessary. We will pay any arbitration filing and administrative fees that exceed the filing fee you would pay to begin an action in the state court of general jurisdiction where you live.

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.

Your right to opt out. You may opt out of this arbitration agreement by sending written notice to support@gofanily.com within thirty (30) days after you first accept these Terms, stating your name, the email address on your account, and that you opt out of arbitration. Opting out does not affect any other part of these Terms, and we will not treat you differently for opting out.

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 Fulton County, Georgia, or the United States District Court having jurisdiction over Fulton 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, and we will ask you to do that before closing the account so that no further charge can be made. Because subscriptions are billed in advance, closing your account during a month you have already paid for does not refund that month. Closing your Fan account ends your access to the Platform.

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