TERMS OF SERVICE

1. Our Platform

We are building a platform that enables content creators to build meaningful and authentic connections and relationships with their fans.

Our business is still growing, and so our Platform and our Services may change from time to time. We may offer new features, and certain other features may become unavailable. We may, in our discretion, update and amend these Terms from time to time, including by adding, deleting or modifying terms. We will alert you about any changes by updating the “Last updated”date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Platform after the date such revised Terms are posted.

Your use of our Platform and Services may also be subject to additional terms or agreements from time to time, which will be disclosed to you in advance. If there is a conflict between these additional terms and these Terms, these additional terms will govern with respect to your use of those specific features or services.

2. Your Account

a. Eligibility

You will need to create an account (“Account”) with us and log into our Platform to use our Services. You can create an Account either as a creator (“Creator”) or a fan (“Fan”). To be eligible to use our Services, you must:

• Be of legal age in your place of residence (a minimum of 18 years old).
• Provide your full legal name and have a valid and unique email address.
• If you are a Creator, you may have only one Creator Account at a time unless approved by FanNote in advance.

When you create an Account, you represent and warrant that all of the registration information you submit will be true, accurate, current and complete, and that you will maintain the accuracy of such information. If any of your registration information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Account, and refuse any ongoing or future access to or use of any portion of the Platform.

b. Account Security and Guidelines

You agree to keep your password confidential. You are responsible for all activity that occurs under your Account, including any activity by unauthorized users. You may make transactions for others, e.g., a minor in your household, but you are the ultimate Account owner.

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

c. Account Deletion; Termination and Suspension

You may permanently delete your Account at any time through the App. To do so, navigate to the Account tab, select Account Management, and click Delete Account, then follow the on-screen instructions to confirm the deletion.

We can terminate or suspend your Account, remove any Creator Content or Fan Content (as described below) and/or deny your access to all or any portion of the Platform or the Services, at any time, without prior notice, and at our sole discretion. If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, if you have engaged in any conduct that we believe violates any portion of these Terms or any other Platform policy, violate our rights or those of any third party, violate any laws or regulations, or is inappropriate, then we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

3. You as a Fan

Welcome to the FanNote community of fans, where you can engage with and support your favorite Creators by submitting paid questions (“Fan Request”) and receiving personalized responses in text, audio or video format (“Creator Content”).

a. Payment

You may submit Fan Requests through the Platform and pay for Creator Content using approved forms of payment, including but not limited to credit cards issued by Visa, Mastercard, American Express, and Discover. Payments are processed through a third-party provider, and additional fees may be charged by your card issuer, network, or the third-party provider per their terms and conditions.

You agree to provide current, complete, and accurate payment information for all Fan Requests. We are not responsible for failed transactions that are due to errors in the payment information submitted to us. Sales tax will be added to the price of purchases as deemed required by us. All prices are set by Creators and displayed prior to purchase, and may be subject to change at any time. All payments shall be in US dollars.

We may, in our sole discretion, limit or cancel the amount of Fan Requests made per person, per household, or per order. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be made in violation of these Terms or applicable laws and regulations.

Fans agree to initiate refund requests pursuant to the Refund Policy before initiating a chargeback or payment dispute through an app store or their payment method providers. While the refund request or dispute is pending, FanNote and/or its payment processors may temporarily restrict your Account or your ability to submit additional Fan Requests, and we may request additional information for our investigation and response. Please refer to our Refund Policy for how to initiate requests.

b. Purchased Content

When you receive Creator Content in response to a Fan Request, you are purchasing a limited, non-exclusive, non-transferable, non-sublicensable, perpetual, and revocable license to access and make personal and non-commercial use of the purchased Creator Content. This license does not include any resale or commercial use of purchased Creator Content; any collection and use of any Creator Content listings, descriptions, or prices; any derivative use; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this license or these Terms are reserved and retained by us or our Creators, as applicable. No purchased Creator Content may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the applicable Creator. This license will terminate if you do not comply with this license or these Terms.

All purchased Creator Content shall be available to you only through the Platform. You shall retain access to your purchased Creator Content for as long as you maintain your Account. If you lose access to any purchased Creator Content, please reach out to FanNote and we will help you out. Note that cancelling or terminating your Account will mean that you lose access to your purchased Creator Content.

c. Refund Policy

Refunds are governed exclusively by our Refund Policy, which is incorporated by reference into these Terms.

d. Fan Content

If you make a Fan Request or engage with any Creator or with any purchased Creator Content through the Platform (such content and any data related to such content, “Fan Content”), then you represent and warrant to us that you own all right, title and interest in your Fan Content, and that you have the authority or license to post, upload or otherwise share your Fan Content with FanNote. You retain all ownership rights in your Fan Content, but by uploading or submitting any Fan Content to our Platform or through our Services, you grant us a non-exclusive, transferable, unlimited, worldwide, perpetual, irrevocable, sub-licensable and royalty-free license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and store that Fan Content and to distribute and make it available to third parties for the purposes of providing, developing, optimizing, improving and promoting or enhancing our Platform or any of our Services, or any other products or services, whether offered by us or a third party, that may be relevant to your Fan Content. Such license includes our ability to use your image, voice, and likeness, to identify you as the source of any of your Fan Content.

You acknowledge that if you post Fan Content to or through our Platform, your Fan Content may be visible to other users. Fan Requests are submitted directly to the applicable Creator and are not publicly visible to other Fans or users. While FanNote does not monitor, review, or otherwise directly access your Fan Requests, we may see your Fan Requests and other related Fan Content if your Fan Content has been flagged for compliance reasons (see Section 7 on administrative reviews).

You must not post or otherwise transmit any Fan Content through our Platform that you consider to be confidential, including but not limited to, your personal information, health information or any specific financial information, e.g., your bank account details. FanNote does not intend use of the Services to create any obligations under any healthcare privacy or financial privacy laws (e.g., Health Insurance Portability and Accountability Act and the Gramm-Leach-Bliley Act, or any similar laws in your applicable jurisdiction), and FanNote makes no representation that the Services comply with requirements under such privacy laws.

You agree that any Fan Content you post shall abide by these Terms.

e. Assumption of Risk

You acknowledge and agree that when you view Creator Content on our Platform or through our Services, you are doing so at your own risk. You acknowledge that Creator Content and Fan Content have not been verified or approved by FanNote, and that FanNote has no obligation to pre-screen, monitor, review or edit any Creator Content or Fan Content posted by you or other users on the Platform or the Services. By using our Platform or any of the Services, you may be exposed to Creator Content or Fan Content that is offensive, indecent, inaccurate, or objectionable. We take no responsibility and assume no liability for any Creator Content or Fan Content, including any loss or damage to your Fan Content or purchased Creator Content. The views expressed by other users on or through our Platform or any of our Services do not represent our views or values. If you wish to report concerns with Creator Content or Fan Content posted by others, see section 7 (Administrative Review) below.

4. You as a Creator

To become a Creator, simply create your Account accordingly and you can receive Fan Requests and respond with Creator Content. Creator profiles are publicly visible on the Platform.

a. Payment and Fees

As a Creator, you may make your Creator Content available through the Platform or our Services. You can set your own pricing, which will be converted into currency based on the rates posted on the Platform or in our Services.

• Platform Fees. We retain a percentage of your completed, non-refunded Fan Requests to cover platform and processing fees, which will be disclosed to you as part of your payout.
• Processing Delays. We use a third-party processor to process payments. Payment processors may charge additional fees, or may otherwise adjust, withhold, reverse, or delay your payment per their terms of service.
• Chargebacks and Refunds. We reserve the right to deduct chargebacks or refunds from your future payouts.
• Currency. Payouts are in US Dollars.

You hereby authorize FanNote and/or its payment processors, as applicable, to collect, process, and remit payments on your behalf, including by issuing automatic refunds or credits when applicable.

We may block or withhold your payout for violations of these Terms or any additional terms or for compliance reasons, including collecting tax reporting information. When this happens, we will try to communicate the reason to you promptly. If you have questions about access to funds being blocked or withheld, please reach out to us. Sometimes activities like refunds and chargebacks can put your account balance into the negative. If your balance becomes negative, we reserve the right to recover those funds from future payments.

Because of the issues listed above, you may occasionally experience delays in accessing your funds. FanNote is not responsible for any such delays.

b. Tax

In order to satisfy our tax obligations, we collect tax identification information and, in certain circumstances, report this information and earnings to tax authorities as legally required. You are responsible for reporting any income, withholding, or other earnings-based taxes which may be due as a result of money you've earned on our Platform or through our Services.

Amounts payable under these Terms may include sales tax where applicable. You agree that you will provide us with any information and documents for accurate tax determination and compliance, where and as we request or as otherwise required.

c. Refund Policy

Fan Requests are subject to an applicable response window, i.e., the deadline by which Creator Content must be provided in response to a Fan Request. The applicable response window will be disclosed to the Fan prior to completion of the purchase. Unless FanNote discloses a different response window for the applicable Creator or Fan Request, the response window will default to seven (7) calendar days from completion of the purchase. You agree to fulfill all Fan Requests within the applicable response window. If you fail to deliver the applicable Creator Content within the applicable response window, the transaction will be automatically cancelled, and the Fan will receive a full refund in accordance with our Refund Policy.

d. IP Rights in Your Creator Content

As a Creator, you retain full ownership of all Creator Content you create and publish on our Platform or through our Services. This includes but is not limited to text, images, video, audio, and data. By posting your Creator Content on our Platform or through our Services, you represent and warrant that the Creator Content is your own work and do not infringe the intellectual property rights of a third party. You also grant FanNote a non-exclusive, transferable, unlimited, worldwide, perpetual, irrevocable, sub-licensable and royalty-free license to host, display, and distribute your Creator Content on our Platform or through our Services solely for the purposes of operating and promoting our Company, our Platform and our Services. In addition, you grant each Fan a limited non-exclusive, non-transferable, non-sublicensable, perpetual and irrevocable license as part of each purchase to use as permitted under these Terms.

You may publish, license or distribute your Creator Content on other platforms, website, services or social media channels at any time. We do not claim exclusivity over your work.

e. Data and Analytics

We may offer you tools related to data and analytics through our Platform and our Services to help you understand engagement and Fan behavior. Such tools and their generated reports remain our intellectual property and covered by Section 5 below. We grant you a limited, non- exclusive, non-transferable, perpetual and revocable license to use such tools, and any reports generated using such tools solely for your own business purposes.

As a Creator, you also agree to keep our Fans' data safe, if you collect data separately or directly from your Fans, to agree to abide by all applicable data privacy laws and regulations. If you access Fans' data through our Platform and our Services, then you also agree to abide by the terms of our Privacy Policy as to your use and sharing of that information. You agree never to sell or share such personal information other than as permitted under the terms of our Privacy Policy.

f. Marketing

You are encouraged to promote your affiliation with FanNote. Provided that you comply with these Terms and any other applicable terms, we grant you a limited, non-exclusive, perpetual, worldwide, revocable right to use our name and logo for your own marketing purposes and when referencing your Creator Content hosted on our Platform. We may also reference your public Creator Content and profile to promote FanNote, our Platform or our Services unless you request otherwise.

Except as specifically permitted by us in these Terms or in another agreement you enter with us, you waive any rights to prior inspection or approval of our marketing or promotional materials, and you will have no right to be compensated for our use of your Creator Content or share in any goodwill or value generated by such use.

5. Other IP Provisions

a. Our IP

You acknowledge and agree that we and our licensors exclusively own all right, title and interest in the Platform and the Services, as well as all materials or information pertaining to or contained on the Platform (except for Creator Content and Fan Content), and all intellectual property rights associated with the above (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trade secrets, trademarks and service marks or other proprietary rights, but excluding any Creator Content or Fan Content) (together, our “Intellectual Property”). As long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, limited and revocable license to enter and use the Platform and access the Services. This license is for your personal use if you are a Fan, and for your internal business use, if you are a Creator. Copying, redistributing, or publishing any part of our Intellectual Property is strictly prohibited, unless otherwise permitted by these Terms.

b. Feedback

Unless otherwise indicated, if you send or transmit any communications, comments, questions, suggestions, or related content to FanNote, whether through our Platform, by engaging with our social media pages or handles on third-party platforms, by mail, e-mail, telephone, survey, or otherwise, suggesting or recommending changes, enhancements or improvements to the Platform or the Services (“Feedback”), then you hereby grant us a non-exclusive unrestricted, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to use your Feedback in any manner and for any purpose to provide, optimize, improve, promote, enhance or market our Services, and to create new products and services. This license includes the right to use your name, persona, comments, and likeness for the foregoing purposes without compensating you, in a manner consistent with our Privacy Policy.

c. Copyright Complaints

We respect the intellectual property rights of others, and we ask our users to do the same. Each user is responsible for ensuring that their Creator Content or Fan Content does not infringe any third party's right or other intellectual property rights. We may, in appropriate circumstances and in our sole discretion, terminate the rights of any user who uses our Platform or our Services (or any part thereof) to infringe the rights of others.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that their rights have been infringed. If you believe that your work has been copied in a way that constitutes a copyright infringement, please contact us in the manner described below and include the following information:

• Your name, mailing address, telephone number, and email address;
• Identification of the copyrighted work claimed to have been infringed (please provide a list if multiple copyrighted works are covered);
• Identification of the material that is claimed to be infringing or the subject of the infringing activity, and information reasonably sufficient so that we can locate it on the Platform;
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
• A statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
• Your electronic or physical signature.

Upon receipt of any notice, we will take whatever action that we deem appropriate in our sole discretion, including the removal of the challenged material from the Platform or our Services. FanNote may disclose any communications, including your contact information, concerning DMCA or other applicable copyright notices or other intellectual property complaints, with third parties, including the users who have posted the allegedly infringing material.

If you believe, in good faith, that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter notice. Counter notices should also be sent to us in the manner described below.

If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.

Contact Information

ATTN: Notice of Copyright Infringement
email: privacy@fannote.io (please include “Notice of Copyright Infringement” in the subject line)

d. Third-Party Content

The Services may contain (or you may be sent via the Platform) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (together with Third-Party Websites, “Third-Party Content”). Examples may include a Creator's linked social media accounts. Such Third-Party Content is not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Content accessed through the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. We do not approve or endorse any Third-Party Content. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content to which you navigate from the Platform. You shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

6. Content Rules; Prohibited Activities

We are committed to supporting free speech and diverse viewpoints. That said, all Fans and Creators must treat each other with respect on the Platform. We have no tolerance for objectionable or abusive behavior. All Creator Content and Fan Content, and your behavior on our Platform, must follow these guidelines provided below.

Creators and Fans are prohibited from the following activities in their interactions on the Platform and from posting any Creator Content or Fan Content that:

• Incites violence or harm, or that otherwise praise, support, or represent dangerous organizations or affiliated individuals, including but not limited to terrorist organizations, organized hate groups, criminal organizations, or armed militias;
• Engages in abusive or harassment activities, including but not limited to bullying, intimidation, threats, excessive profanity, doxxing (the sharing of personal information without the other user's consent), stalking, causing emotional distress, identity theft, and sexual harassment;
• Contains hate speech or unlawful discrimination, including based on disability, ethnicity, gender identity, immigration status, national origin, race, religion, medical conditions, sex or sexual orientation;
• Violates a third party's copyright or intellectual property rights;
• Is fraudulent, deceptive, illegal or otherwise violates applicable laws and regulations; or
• Otherwise violates these Terms.

We may review any reported content pursuant to our Administrative Review process provided in Section 7 below. We may, in our sole discretion, take any appropriate action in response based on our determination, including removing or restricting Creator Content or Fan Content, or by suspending or terminating your Account.

In addition, you are prohibited from engaging in, or allowing any third parties to engage in, any of the following activities when using our Platform or our Services:

• Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by FanNote or any other third party (including another user) to protect the Platform or Services;
• Use any device, software, routine, file, or other tool or technology, including but not limited to any viruses, Trojan Horses, worms, time bombs or cancelbots, intended to damage or interfere with any of the Services or service to any user, host or network, or otherwise attempt to disrupt our business, or to surreptitiously intercept or expropriate any system, data, or personal information from the Platform, Services, or our network;
• Use any automated or programmatic method to extract data or output from the Platform, Services, or our network, including scraping, web harvesting, or web data extraction;
• Commit unauthorized use of the Platform, your Account or any of the Services, including, but not limited to, unauthorized entry into our systems, seeking access to data that is not intended for you, misuse of passwords, or misuse of any information posted to the Platform;
• Probe, scan, or test the vulnerability of Platform or network or breach security or authentication measures without proper written authorization from FanNote;
• Bypass any territorial restrictions, including IP address-based restrictions that may be applied to our Platform or Services;
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial-of-service attacks, “spam”, “flooding”, “mail bombing”, “crashing”, or any other such unsolicited overload technique;
• Send unsolicited mail or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other forms of solicitation;
• Attempt to use or launch any automated system, including robots, spiders, intelligent agents, software, tools, engineers, or other means to navigate or search the Platform, other than those generally available through third-party web browsers such as Microsoft Explorer or Google Chrome;
• Modify, copy, distribute, publish, license or sell any third-party's Creator Content or Fan Content on the Platform or accessed through the Services, or any derivative work based on the foregoing, without our prior written consent or the prior written consent of the rightful Creator;
• Otherwise attempt to invade the privacy of, obtain the identity of, or obtain any personal information about any other user of the Platform or any of the Services; or
• Use the Platform or any of the Services for competitive purposes, including to reverse engineer, decompile, or otherwise translate any part of the Platform, our Services or any of our technology, or to engage in mystery shopping.

Where feasible, we will provide notice and a chance for you to appeal before taking final action.

In addition, when using the Platform or our Services, you agree to comply with all applicable laws, rules and regulations, in addition to these Terms, Privacy Policy and Refund Policy.

In our sole discretion, we may revoke your access to your Account or to any portion or all of our Platform or our Services for violations of these Terms, our Privacy Policy or our Refund Policy, or any additional terms that may apply.

7. Administrative Review

FanNote may, in its discretion, offer an administrative review process through the Platform. If you believe that any Creator Content or Fan Content violates these Terms, including but not limited to any of the guidelines provided in Section 6 above, you may flag the content through your Account for administrative review. Upon such a flag being raised, FanNote will review the content in question, and may request additional information from either the Fan or the Creator to aid its investigation. Depending on the circumstances or the nature of the dispute, FanNote may not be able to guarantee the confidentiality of any such information shared.

The availability of such a review process does not obligate FanNote to take any specific action or actions in response to any flag raised by a user. FanNote may, in its discretion, share updates or conclusions of any particular investigation to the user who raised the flag, but is not obligated to do so depending on the nature of the flag or the sensitivities of the investigation.

8. Electronic Communications

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

If you sign-up to receive text messages from us, you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages from us, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Message and data rates may apply. Message frequency may vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which messages are sent. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. We, our service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

9. Legal Bits

a. Disclaimer of Warranties

OUR PLATFORM AND OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, IS EXCLUDED AND DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY LAW. THE DISCLAIMERS OF WARRANTY UNDER THIS CLAUSE ALSO APPLY TO OUR SUBSIDIARIES, AFFILIATES, AND THIRD-PARTY SERVICE PROVIDERS.

b. Indemnification

You will indemnify us from all losses and liabilities, including legal fees, that arise from these Terms, the Privacy Policy or our Refund Policy, or relate to your use of the Platform or our Services (or any portion thereof), including any claims that your Creator Content or Fan Content infringe on a third party's intellectual property rights, or that you have violated these Terms or applicable laws. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right, then you will help us in our defense. Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers.

c. Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, NEITHER FANNOTE, NOR ITS RELATED AND AFFILIATED ENTITIES, NOR EACH OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, OUR MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THE SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT YOU PAID OR PAYABLE TO YOU THROUGH THE SERVICES OVER THE 12 MONTHS PRECEDING THE DATE YOUR FIRST CLAIM(S) AROSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. TO THE EXTENT THAT ONE OR ANY ASPECT OF THE LIMITATIONS SET OUT ABOVE DOES NOT APPLY, ALL REMAINING ASPECTS SURVIVE.

d. Governing Law

These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

e. Jurisdiction

If you access the Platform or the Services from outside of the United States, you understand that your information may be processed and stored in the United States and other jurisdictions where FanNote and its service providers operate. Where required, there may be additional jurisdiction-specific terms that will apply. Nothing in these Terms limit any rights you may have under your home jurisdiction or other applicable law that cannot be waived.

f. Everything Else

These terms and any referenced policies are the entire agreement between you and us, supersede all prior agreements, and don't create any partnership, joint venture, employee- employer or franchiser-franchisee relationship between you and us. If any provision of these terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified to make it enforceable, then it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, then it does not waive the ability to enforce any rights in the future. We may assign any or all of our rights and obligations to others at any time.

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

FanNote, Inc.
info@fannote.io