FanFuser Customer Terms of Service

Definitions

• Company: FanFuser, a limited liability company registered in the State of Texas.
• Platform: The FanFuser software application and related services.
• Customer: A business or individual who subscribes to the FanFuser Platform.
• Fan: An unregistered user of the Platform who uploads videos.
• Content: Any video, text, image, or other material uploaded to the Platform.
• Plan: A subscription package offered by FanFuser with specific features and limitations.
• Intellectual Property: Copyrights, trademarks, patents, trade secrets, and rights associated with live performances.
• QR Code: A machine-readable code that can be scanned by a smartphone camera to reveal information.

Service Description

FanFuser is a software-as-a-service (SaaS) platform designed to facilitate the sharing of live performance videos between Fans and Customers. The platform enables Fans to upload videos captured at live events and share them with the respective Customers, who are FanFuser customers.

Core functionalities include:

• Video Uploading: Fans can upload videos directly to the platform via a user-friendly interface.
• QR Code Generation: FanFuser generates unique QR codes for Customers to distribute at their events, allowing Fans to easily link their videos to the correct Customer account.
• Video Management: Customers can view, organize, and manage uploaded Fan videos within their FanFuser dashboard.
• Redirect Page: Customers can select a page fans will be directed to after a video upload completes.
• Terms of Service Editor: FanFuser allows its customers to display their own Terms of Service to fans uploading videos.
• AI-Powered Features: The platform may offer AI-driven features to enhance video content, such as video editing or analysis tools.
• Customer Support: FanFuser provides customer support to assist both Fans and Customers with platform usage.

Customer Roles and Responsibilities

• Customers agree to abide by all terms and conditions outlined in this agreement, including but not limited to payment obligations, content restrictions, and platform usage guidelines.
• Customers are given "user" roles on the Platform. Customers are able to view and manage content uploaded to their account only. Currently, only one (1) user account per individual or business is supported.
• Event venues, where live music performances are held, may share up to three (3) videos with an artist whose performance was captured in the video. This is to allow venues to provide an additional service to the artist, but encourage the artist to seek out their own FanFuser account. Video uploaded to Fanfuser, where contracts between venues and artists, where duplication, distribution, and/or usage of video and audio recorded from the performance is not allowed, must be deleted by the Customer.
• Accurate and truthful information shall be provided during registration. Customers must provide accurate and up-to-date information during the registration process, including but not limited to contact details, payment information, and business information.
• Timely payment of subscription fees are required. Customers are responsible for ensuring timely payment of subscription fees according to the chosen plan. Late or missed payments may result in service interruption or account termination.
• Compliance with applicable laws and regulations: Customers agree to comply with all applicable federal, state, and local laws and regulations related to their use of the Platform and the management of uploaded content.
• Proper use of the Platform: Customers agree to use the Platform for its intended purpose and in accordance with these Terms of Service. This includes refraining from any activities that may harm the Platform or other users.
• Notification of unauthorized access: Customers are responsible for notifying FanFuser of any unauthorized access to their account or any suspicious activity.

Intellectual Property

• Content Ownership: Content uploaded to the Platform remains the property of the lawfully licensed content owner. FanFuser does not claim ownership of any Content. However, FanFuser reserves the right to use anonymized and aggregated Content data for internal business analysis and improvement purposes. Additionally, FanFuser reserves the right to use our Customer's content uploaded to our platform, for sales, promotional, and marketing purposes.
• Platform Ownership: FanFuser owns all intellectual property rights in and to the Platform, including but not limited to copyrights, trademarks, patents, trade secrets, and the FanFuser logo.
• Limited License: Customers are granted a limited, non-exclusive, revocable license to use the Platform in accordance with these Terms of Service.
• Feedback: Any feedback, suggestions, or ideas provided by Customers regarding the Platform shall remain the property of FanFuser.

Payment and Subscription

• Payment Terms: FanFuser has partnered with Stripe, Inc., for the collection, protection, and receipt of payment. Customers agree to pay subscription fees associated with the chosen Plan. Payment methods accepted are indicated and processed through Stripe, Inc. Your ability to make changes to FanFuser plans and view billing history are provided by Stripe, Inc., and can be accessed from within the FanFuser Customer's account.
• Subscription Plans: FanFuser offers various subscription Plans with different features and pricing. Details of available Plans are accessible on the Platform by following the link to join.
• Subscription Term: Subscriptions are single payment, monthly or annual, as selected by the Customer during signup. Entitlements are enforced by the platform based on the chosen plan.
• Failed Payments: In the case of a failed payment upon Plan renewal, FanFuser gives our Customers 5 calendar days to resolve the issue and successfully make payment. After 5 calendar days when a payment is still uncollected, FanFuser will disable the Customer's account. If, after 30 calendar days, payment has still not been received, FanFuser deletes all videos, QR codes, etc., from the platform, including the Customer's account. There will be no way to retrieve this content once this action is taken. The Customer will have to sign up again using a successful payment method before accessing their new FanFuser account.
• Entitlements: FanFuser wants our Customers and their Fans to have a positive experience, therefore, how we handle enforcing entitlements is tied to the customer experience we aim to create. For example, if a Plan entitles a Customer to FanFuser storing 5 videos, and a 6th video is uploaded, FanFuser allows the upload, but will automatically delete the oldest video within the Customer's account to keep with the Plan's video limit. We feel it is better to allow the Fan to upload new content, rather than to prohibit it.
• Price Changes: FanFuser reserves the right to modify subscription prices with reasonable notice.
• Refunds: Refunds for subscription fees are generally not provided, except in cases of service interruptions due to FanFuser's own actions. Internet outages and other service interruptions beyond our control will not warrant a refund.
• Automatic Renewal: Subscriptions will automatically renew unless canceled by the Customer prior to the end of the current billing period.
• Account Expiration: Certain FanFuser plans are for single event usage and have an expiration period stated on the plan. The count down to the account expiration starts at the time the FanFuser account is created (registration completion), not when payment is received. FanFuser customers of these plans will have full, working access to their account once the registration process is completed. All videos and customer account information will be deleted at the end of the expiration period without the ability to retrieve this data. Refunds will only be issued if no videos have been uploaded to the account and the account was created 14 days prior or sooner to the refund request.

Termination

• Termination by Customer: Customers may terminate their subscription at any time by accessing their account billing portal within the FanFuser platform and following the provided instructions. Prorated refunds may or may not be applied depending on FanFuser's policies in effect at the time of termination. Termination of the subscription by the Customer will result in the immediate deletion of the Customer's stored videos and account information.
• Termination by FanFuser: FanFuser may terminate the agreement immediately for any reason, including but not limited to breach of these Terms of Service, non-payment, or illegal activity.
• Effect of Termination: Upon termination, the Customer's access to the Platform will be disabled. Any outstanding balance owed to FanFuser will become immediately due and payable. All Customer content will be deleted from the Platform, and FanFuser shall have no obligation to retain or return any such content. There will be no refunds to the Customer if termination is due to a breach of these Terms of Service.

Limitation of Liability

• Disclaimer of Warranties: FanFuser provides the Platform "as is" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Limitation of Liability: FanFuser shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with the use or inability to use the Platform.

Indemnification

• Indemnification: Customer agrees to indemnify, defend, and hold harmless FanFuser and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorney's fees, arising out of or in connection with Customer's use of the Platform or any violation of these Terms of Service.

Dispute Resolution

• Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to this Agreement shall be resolved through negotiation in good faith for a period of 30 days. If the parties are unable to resolve the dispute within this time, either party may initiate arbitration proceedings. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) and shall take place in Austin, Texas. The arbitrator's award shall be final and binding on both parties. Each party shall bear its own costs associated with the arbitration, including attorney's fees and expert witness fees. Any expenses incurred during and including travel to the place of arbitration shall be at the sole responsibility of the respective party.

Governing Law

• Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

Miscellaneous

This section includes general provisions applicable to the agreement.

• Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
• Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.
• Waiver: The failure of either party to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
• Notices: All notices required or permitted under this Agreement shall be in writing and sent to the other party at the address provided during registration.
• Independent Contractor Relationship: The parties are independent contractors and nothing in this Agreement shall be construed as creating a partnership, joint venture, or agency relationship between the parties.