Terms of Service

FANFEED TERMS OF SERVICE

Last Modified: September-11-2026

PLEASE READ THESE TERMS CAREFULLY.

Welcome to the Terms of Service (these "Terms" or this "Agreement") for the website located at fanfeed.ai (the "Site") and the FanFeed mobile application (the "App"), each operated by FanFeed LLC ("FanFeed," "we," "us," or "our"). The Site, the App, and any content, tools, features, and functionality offered on or through them are collectively referred to as the "Services."

These Terms govern your access to and use of the Services. See Section 1.1 (Types of Users) below for a description of the categories of users to whom these Terms apply. Please read these Terms carefully, as they include important information about your rights and obligations, including with respect to how we collect, use, and share your photos, photo metadata, biometric data, and other personal information. By accessing and/or using the Services, or by executing an Order Form (as defined in Section 4) that references these Terms, you are agreeing to these Terms and our Privacy Policy. If you do not understand or agree to these Terms, please do not use the Services or execute an Order Form.

Our Privacy Policy, found at https://api.fanfeed.ai/content/legal/fanfeed-privacy-policy, also governs your access and use of the Services and explains how we collect, use, and share information resulting from your use of the Services. By accepting these Terms, you are also agreeing to our Privacy Policy.

FanFeed may update these Terms from time to time. When changes are made, we will make a new copy of the Terms available at fanfeed.ai. If we make material changes, we will provide at least thirty (30) days' advance notice by posting notice on the Services and, where appropriate, by email or in-app alert. If you continue to use the Services after we update these Terms, we will treat your continued use as your agreement to the changes. The date of the last modification is noted above.

DISPUTES ABOUT THESE TERMS AND THE SERVICES ARE SUBJECT TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH IN SECTION 10 (MANDATORY ARBITRATION AND CLASS ACTION WAIVER) BELOW. BY AGREEING TO THESE TERMS, YOU AND FANFEED ARE EACH GIVING UP THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

1. USING THE SERVICES

1.1. Types of Users.

As used in these Terms, "you" refers to either of the following two categories of users, as applicable:

(a) End Users. Individual users who access the Services for personal use ("End Users").

(b) Commercial Partners. Businesses, organizations, and other entities that access the Services or FanFeed data under a commercial arrangement with FanFeed ("Commercial Partners").

Certain provisions of these Terms apply differently depending on whether you are an End User or a Commercial Partner. Where a provision applies only to End Users or only to Commercial Partners, it will be identified as such. Where a provision does not so specify, it applies to both.

1.2. End User Age Requirements.

The Services are designed and intended for adults who have reached the age of majority. To access or use the Services as an End User, you must be at least eighteen (18) years of age and have the legal capacity to enter into these Terms. By creating an account or otherwise using the Services, you affirmatively represent and warrant that you are at least eighteen (18) years of age and that all information you provide regarding your age is accurate and complete.

No one under the age of thirteen (13) is authorized to access or use the Services under any circumstances. We do not knowingly collect, maintain, or use personal information from individuals under thirteen (13) years of age. If we become aware that a user is under thirteen (13), we will immediately terminate the account and delete all associated personal data, including photos, biometric data, and any inferences derived therefrom, within thirty (30) days.

We do not sell or share the personal information of users we know to be under sixteen (16) years of age without affirmative authorization as required by applicable law.

1.3. End User Age Verification.

FanFeed reserves the right to request proof of age at any time, including through government-issued identification or other reasonable means. Failure to provide requested verification within ten (10) business days of such request may result in immediate account suspension or termination.

1.4. Commercial Partner Eligibility.

To enter into a Commercial Partner relationship with FanFeed, you must: (i) be a legal entity duly organized and in good standing under the laws of your jurisdiction of organization; (ii) have the authority to bind your organization to these Terms; and (iii) execute an Order Form with FanFeed as described in Section 4. By executing an Order Form, you represent and warrant that you have full power and authority to enter into these Terms and to perform all obligations hereunder, and that doing so will not conflict with any other agreement to which you are a party.

1.5. The Services.

FanFeed provides a live-event photo and fan engagement platform that enables End Users to organize event photos, discover events they have attended, connect with other fans, and engage with sports teams, artists, brands, and other partners. FanFeed also makes available, to qualified Commercial Partners pursuant to a separate Order Form, access to data packages, audience insights, and derived analytics generated through the Services, as described further in Section 4. FanFeed reserves the right to modify, suspend, or discontinue the Services, or any component or feature thereof, at any time upon reasonable prior notice. If FanFeed discontinues or materially reduces core functionality of the Services for End Users, End Users will be given at least thirty (30) days’ prior notice and a reasonable opportunity to export or delete their data before the change takes effect. For Commercial Partners, any modification, suspension, or discontinuation that materially reduces the data or deliverables specified in an Order Form requires reasonable prior written notice, and, if material, gives the affected Commercial Partner the right to terminate the applicable Order Form upon written notice to FanFeed.

When an End User grants FanFeed access to their camera roll, the Services will automatically scan and process the photos made available, including their content and associated metadata. This processing is central to the core functionality of the Services. For a detailed description of what we collect from photos and how we use that information (including our processing of precise geolocation data, biometric identifiers, and other sensitive data), please see Section 2 (Photo Scanning, Camera Roll Access, and Derived Data) below and our Privacy Policy.

1.6. Access Platforms.

You may access and use the Services through: (i) our website at fanfeed.ai; (ii) our mobile application, available on the applicable app store (e.g., the Apple App Store, the Google Play Store, or other app store through which the App is made available); or (iii) such other access points as we may make available. These Terms and our Privacy Policy apply to your use of the Services. End User use of the App may also be subject to additional terms imposed by the applicable app store or platform provider through which you downloaded the App, including their respective terms of service and usage policies. In the event of any conflict between these Terms and mandatory terms required by the applicable app store or platform provider, such app store or platform provider's terms will control solely to the extent required.

1.7. Permitted Use.

Subject to your compliance with these Terms (and, for Commercial Partners, the applicable Order Form), we grant you a limited, non-exclusive, non-transferable, and non-sublicensable right and license to access and use the Services as follows:

(a) End Users. For your own personal, non-commercial use, provided that you comply with these Terms. You agree that you will not duplicate, download, publish, modify, or otherwise distribute the material accessible through the Services for any purpose other than your own personal use, unless we have specifically authorized you to do so. FanFeed may monitor usage patterns to prevent abuse and may suspend or terminate access in its sole discretion.

(b) Commercial Partners. To access and use the data, materials, and other deliverables made available to Commercial Partners under the applicable Order Form, solely for the internal business purposes set forth in such Order Form. Commercial Partners may not access or use the Services, FanFeed data, or FanFeed Derived Outputs for any purpose beyond those expressly set forth in the applicable Order Form. Without limiting the foregoing, Commercial Partners may not: (i) resell, redistribute, or otherwise transfer FanFeed data or FanFeed Derived Outputs to any third party without FanFeed's prior written consent; (ii) use FanFeed data to build or improve a competing product or service; or (iii) combine FanFeed data with data from other sources in a manner that creates or reconstructs sensitive information about identifiable individuals in a manner not contemplated by the applicable Order Form.

1.8. Mobile Device Requirements.

You are responsible for providing the mobile device, wireless service plan, internet access, and other equipment necessary to download, install, and use the App. We do not guarantee that the App will be available in any specific geographic location or on all devices. You are solely responsible for any fees, costs, or expenses incurred through your use of the App.

1.9. App Store Terms.

If you access or download the App from a third-party app store or platform (each, an "App Store," including, for example, the Apple App Store or the Google Play Store), the following additional terms apply with respect to that App Store: (i) these Terms are between you and FanFeed only; the App Store provider is not a party to these Terms and has no responsibility for the App or its content; (ii) you are granted a non-transferable license to use the App on any device that you own or control and that is permitted under the applicable App Store's usage rules, in accordance with that App Store's terms of service; (iii) the App Store provider has no obligation to provide maintenance or support for the App; (iv) in the event of a failure to conform to any applicable warranty, you may notify the App Store provider, and the App Store provider may refund the purchase price (if any), but the App Store provider has no further warranty obligations with respect to the App; (v) FanFeed is solely responsible for all claims relating to the App, including product liability, failure to comply with legal or regulatory requirements, consumer protection, privacy, and intellectual property infringement; and (vi) you acknowledge that the applicable App Store provider and its subsidiaries are third-party beneficiaries of these Terms and may enforce them as such. You represent and warrant that: (x) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (y) you are not listed on any U.S. Government list of prohibited or restricted parties.

1.10. Restrictions.

You agree not to, and will not permit others to: (i) copy, reproduce, or create similar versions of the App, Site, or Services; (ii) share access to the Services with any third party without our permission; (iii) use the Services on behalf of any third party except as expressly permitted by us; (iv) incorporate the Services into any other software, product, or service; (v) interfere with or circumvent any security, performance, or usage-limiting feature of the Services; (vi) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or logic of the Services, except to the limited extent expressly permitted by applicable law; (vii) remove, obscure, or alter any proprietary notices, disclaimers, or branding appearing in the Services; (viii) use the Services for competitive analysis or to develop a competing product or service; (ix) use any robot, spider, scraper, or other automated means to access or collect data from the Services; (x) submit any software or materials that contain any viruses, worms, Trojan horses, defects, time bombs, or other items of a destructive nature; (xi) post, upload, or transmit any content that is unlawful, harassing, threatening, hateful, violent, obscene, or otherwise objectionable; or (xii) encourage or assist any third party in any of the foregoing.

2. PHOTO SCANNING, CAMERA ROLL ACCESS, AND DERIVED DATA

This section governs our collection and processing of End Users’ photos and the data we derive from them. This is one of the most significant aspects of the Services, and you should read it carefully before granting FanFeed access to your camera roll.

2.1. Camera Roll Access and Scanning.

When you onboard to FanFeed and as you continue using the Services, we will scan photos that you grant us access to through your camera roll. You may choose to allow full access or to limit access to selected media. After you grant access, FanFeed begins to process the selected media as described below. By granting access to your camera roll and using the Services, you agree that we will process information associated with your selected media (including precise geolocation and other metadata) to help us understand and generate inferences about your event- and non-event-related activities and interests, provide the Services, and let you know about events, promotions, and partnerships you may be interested in, as further described in our Privacy Policy.

2.2. What We Collect and Process from Your Photos.

When you grant us access to your photos, we collect and process the following categories of information:

2.3. Persistence of Photo Information.

All photo information we collect, including photo metadata, photo embeddings, facial vectors, and inferences, is persisted. As our models improve over time, we may generate additional inferences of the same types disclosed in Section 2.2 above from photo data we have already collected. If we intend to generate materially new categories of inferences not disclosed at the time of collection, we will provide you with notice and, where required by applicable law, obtain your consent before doing so. This means that inferences and derived data associated with your photos may evolve over time even without any further action on your part, but only within the categories of inferences described at the time your data was collected or as updated with appropriate notice.

2.4. Representations Regarding Photos of Others.

Where your photos contain images of other individuals, you represent and warrant that you have obtained all necessary permissions and consents from those individuals to allow FanFeed to process their images and biometric information as described in these Terms and in our Privacy Policy. You are solely responsible for ensuring that your submission of photos containing images of others complies with applicable law.

2.5. Biometric Data.

The facial vectors we generate from your photos constitute biometric data under applicable laws, including the Illinois Biometric Information Privacy Act (BIPA) and similar statutes in other jurisdictions. By using the Services and granting camera roll access, you expressly consent to our collection, generation, and storage of facial vectors as described in these Terms. We use facial vectors to identify recurring companions in your event photos and to suggest connections or invite prompts within the Services. We do not collect facial vectors for the purpose of identifying individuals by name for sale to third parties.

We maintain a biometric data retention schedule consistent with applicable law. In jurisdictions where biometric data retention periods are prescribed by law (including Illinois, Texas, and Washington), we will comply with those requirements. Biometric data will be destroyed when the purpose for which it was collected has been fulfilled or within the period prescribed by applicable law, whichever comes first. You may submit a deletion request as described in Section 2.8 below.

2.6. Sensitive Data.

The processing described above may involve data that is considered sensitive under applicable U.S. state and international privacy laws, including precise geolocation, biometric data, and inferences about characteristics such as race, ethnicity, and age. By using the Services and granting camera roll access, you expressly consent to our collection, use, and processing of such sensitive data as described in these Terms and our Privacy Policy. You acknowledge that this processing is necessary to provide the core functionality of the Services.

You have the right to withdraw this consent at any time. Withdrawal of consent is prospective only and does not affect the lawfulness of processing conducted prior to your withdrawal. Withdrawal of consent will limit your ability to use certain core features of the Services.

2.7. Account Registration and Security.

To access the Services, you must create an account. You agree to: (i) provide true, accurate, current, and complete information about yourself; and (ii) maintain and promptly update that information. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity on your account. Notify us immediately at support@fanfeed.ai if you suspect unauthorized access to your account. If you provide any information that is inaccurate or not current, or if we have reasonable grounds to suspect that such information is inaccurate, we have the right to suspend or terminate your account and refuse access to the Services.

2.8. Account Deletion and Data Removal.

You may delete your account at any time by following the instructions within the App or by contacting us at privacy@fanfeed.ai. Upon receipt of a valid deletion request, we will delete or anonymize your personal data in accordance with our Privacy Policy, subject to the following:

• Raw photo content will be deleted upon a valid deletion request.

• Biometric data (facial vectors) will be deleted in accordance with our biometric retention schedule and applicable law.

• Inferences and derived data generated from your personal information will be deleted upon a valid deletion request, subject to any legal retention obligations under applicable law.

• FanFeed's FanFeed Derived Outputs (described in Section 3.2 below) that have already been incorporated into aggregate, de-identified, or anonymized analytical products may not be capable of being extracted or deleted individually without reconstructing the entire dataset. Upon receipt of a valid deletion request, FanFeed will assess whether extraction and deletion of such data are technically feasible and will delete or de-identify such data to the extent required by applicable law.

• To the extent FanFeed has already disclosed your personal information to a Commercial Partner prior to receipt of your deletion request, FanFeed will use commercially reasonable efforts to notify the relevant Commercial Partner(s) of your deletion request and to limit forward-going disclosure of your data. FanFeed cannot guarantee the return or deletion of data already in the possession of a Commercial Partner. See Section 3.3 (Commercial Partner Data Disclosure) below.

3. INTELLECTUAL PROPERTY, LICENSE GRANT, AND DATA RIGHTS

3.1. FanFeed Intellectual Property.

These Terms grant you a limited right to access and use the Services as provided. Except for rights explicitly granted to you in these Terms, FanFeed and its licensors retain all rights, title, and interest in and to the Services, including all related software, models, algorithms, user interfaces, documentation, and proprietary technologies. You do not acquire any ownership interest or license in the Services or any underlying system, model, or architecture, whether by implication, estoppel, or otherwise.

3.2. License Grant from You to FanFeed; Ownership of Derived Outputs.

(a) Your Content. For purposes of these Terms, "Your Content" means any information, data, text, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services, whether publicly posted, privately transmitted, or submitted through any access point, including, without limitation, the photos you grant us access to through your camera roll.

You own or have the right to grant the rights set forth below in, Your Content. By submitting Your Content to the Services, you grant FanFeed a non-exclusive, royalty-free, worldwide, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Content in all media formats and channels now known or later developed, for the following purposes: (i) providing, maintaining, and improving the Services; (ii) generating inferences, embeddings, profiles, and other analytical outputs; (iii) training, improving, and updating our machine learning models and algorithms; and (iv) disclosing data to Commercial Partners as described in our Privacy Policy and Section 3.3 below.

(b) Term of License. The license described above commences on the date you first submit Your Content to the Services. This license terminates upon your submission of a valid deletion request and completion of the applicable deletion process described in Section 2.8, except to the extent that: (i) Your Content has been shared with others (e.g., posted to the public feed or a group shared album) and those other users have not deleted it; or (ii) Your Content has been incorporated into genuinely de-identified or aggregated datasets from which it cannot reasonably be extracted.

(c) Sublicensing. The license granted herein is expressly sublicensable. This means FanFeed may grant rights under this license to third-party service providers and Commercial Partners consistent with our Privacy Policy. You acknowledge and agree that FanFeed needs this sublicensing right to operate the Services and fulfill its Commercial Partner relationships, and that Commercial Partner sublicenses granted prior to your deletion request may survive that request to the extent described in Section 2.8 above.

(d) FanFeed's Ownership of Derived Outputs. FanFeed owns all right, title, and interest in and to all models, algorithms, aggregate analytical products, and de-identified work product that FanFeed generates or derives from Your Content through its own models, algorithms, and analytical processes, including without limitation: aggregate audience segments and profiles, de-identified analytical products, and improvements to FanFeed’s models and algorithms (collectively, “FanFeed Derived Outputs”). For the avoidance of doubt, to the extent that any FanFeed Derived Output constitutes or contains personal information (including inferences) attributable to an identifiable individual under applicable law, that personal information remains subject to the data-subject rights set forth in applicable U.S. state privacy laws (including the right to request deletion), notwithstanding FanFeed’s ownership of the Derived Output in which it is contained. FanFeed Derived Outputs are the analytical work product of FanFeed, not of the user who contributed the underlying raw input. Nothing in these Terms transfers any ownership of FanFeed Derived Outputs to you.

Notwithstanding FanFeed's ownership of FanFeed Derived Outputs, applicable U.S. state privacy laws (including CCPA and similar statutes) entitle you to request deletion of personal information, including inferences derived from your personal information, that is attributable to you. FanFeed will honor valid deletion requests for such personal-information components in accordance with applicable law and our Privacy Policy, and will not assert its ownership of FanFeed Derived Outputs as a basis for refusing a valid deletion request.

(e) Representations and Warranties. By submitting Your Content, you represent and warrant that: (i) you own Your Content or otherwise have the right to grant the licenses set forth herein; (ii) the posting and use of Your Content on the Services does not infringe any third-party intellectual property, privacy, or other rights; (iii) where Your Content contains images of other individuals, you have obtained all necessary consents from those individuals as described in Section 2.4; and (iv) you will bear any fees associated with the use of any proprietary content included in Your Content.

3.3. Commercial Partner Data Disclosure.

FanFeed discloses End User data to Commercial Partners as described in this Section 3.3. All third parties that receive FanFeed data or FanFeed Derived Outputs, whether pursuant to an Order Form or otherwise (including through marketing, fan engagement, sponsorship, or similar arrangements), are Commercial Partners for purposes of these Terms and are subject to the obligations set forth in Section 4.

(a) End Users. As described in our Privacy Policy, FanFeed may disclose your personal information (including data derived from Your Content and FanFeed Derived Outputs) to Commercial Partners, including sports teams, artists, brands, and other third parties, for their own marketing, fan engagement, and business intelligence purposes. FanFeed may receive financial compensation or marketing assets in exchange for such disclosures. The license granted in Section 3.2 above includes the right to sublicense Your Content and FanFeed Derived Outputs to Commercial Partners consistent with our Privacy Policy.

To the extent these disclosures constitute a "sale" or "share" of personal information under applicable U.S. state privacy laws, you have the right to opt out of such sale or sharing by contacting us at <u>privacy@fanfeed.ai</u> or through the opt-out mechanism described in our Privacy Policy.

(b) Commercial Partners. Commercial Partners who receive FanFeed data or FanFeed Derived Outputs pursuant to an Order Form acknowledge and agree that: (i) the data they receive was collected from End Users pursuant to FanFeed's Privacy Policy and these Terms; (ii) they will use such data only for the purposes specified in the applicable Order Form and in compliance with all applicable privacy laws, including U.S. state privacy laws and, where applicable, the GDPR and UK GDPR; (iii) they will not sell, resell, sublicense, or otherwise transfer the data to any third party without FanFeed's prior written consent; (iv) they will implement and maintain appropriate technical and organizational measures to protect the data from unauthorized access, disclosure, or misuse; (v) they will honor, and cooperate with FanFeed to facilitate, End User data subject requests (including deletion requests) that FanFeed forwards to them; and (vi) they will promptly notify FanFeed of any actual or suspected breach or unauthorized access involving FanFeed data. Commercial Partners acknowledge that these obligations survive the termination of their commercial relationship with FanFeed with respect to any data already in their possession.

3.4. Public and Group Content.

The Services allow End Users to mark certain content as private, public, or limited to specific users (group shared albums). We will honor the privacy settings you select. All photo content is considered private until you explicitly post it publicly. When you post to the public global feed, you will receive a clear in-app notice that the content is being uploaded to a feed viewable by all users. A group shared album is accessible to all members of the relevant group. If you do not elect a privacy setting, your content will be treated as private by default.

3.5. Feedback.

You may provide us with information and feedback related to errors, suggestions, improvements, ideas, or other matters concerning the Services ("Feedback"). By providing Feedback, you agree that: (i) you will not retain or assert any intellectual property or other rights in the Feedback; (ii) the Feedback does not contain any confidential or proprietary information of any third party; and (iii) we have no obligation of confidentiality regarding the Feedback. You hereby assign to us all right, title, and interest in and to any Feedback you submit, and agree that we may use it freely without payment, attribution, or restriction. Where such assignment is not permitted by applicable law, you grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, and incorporate your Feedback into the Services or other products.

3.6. Usage Data.

FanFeed may collect and analyze data relating to your use of the Services that is aggregated and/or de-identified ("Usage Data"), as well as other information relating to the provision, use, and performance of the Services. FanFeed owns all rights, title, and interest in and to Usage Data. We may use Usage Data for any purpose, including improving the Services, developing new products, features, and functionality, and analytics.

3.7. DMCA Notice and Takedown Policy.

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we will respond to claims of copyright infringement reported to our Designated Copyright Agent as described below.

To submit a DMCA notice, please provide our Designated Copyright Agent with the following:

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner;

• Identification of the copyrighted work claimed to have been infringed;

• Identification of the material claimed to be infringing and information sufficient to permit us to locate the material;

• Your contact information (address, telephone number, and email address);

• A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our Designated Copyright Agent is:

FanFeed LLC

2200 Butts Rd., Suite 220 Boca Raton, FL 33431

Attn: DMCA Agent

Email: legal@fanfeed.ai

4. COMMERCIAL PARTNER TERMS. This Section 4 applies to Commercial Partners only.

4.1. Order Forms. Commercial Partners access FanFeed's data, audience insights, and derived analytics pursuant to a separate order form, insertion order, or commercial agreement executed by both parties (each, an "Order Form"). Each Order Form will specify: (i) the categories and scope of FanFeed data or FanFeed Derived Outputs to be provided; (ii) the permitted use cases; (iii) the applicable fees and payment terms; (iv) the term of the arrangement; and (v) any other commercial terms agreed upon by the parties. In the event of a conflict between these Terms and an Order Form, the Order Form will control solely with respect to the specific subject matter of that conflict, unless the Order Form expressly provides otherwise.

4.2. Data Delivery.

FanFeed will make available to Commercial Partners the data and deliverables specified in the applicable Order Form in accordance with the delivery schedule set forth therein and will deliver data materially consistent with the description set forth in the applicable Order Form. FanFeed reserves the right to modify the structure, format, or delivery mechanism of any data deliverable upon reasonable prior written notice to the Commercial Partner. Except as set forth in the preceding sentence, FanFeed does not represent or warrant that any data deliverable will be error-free, complete, or accurate. Data deliverables are otherwise provided "as is" and Commercial Partners bear sole responsibility for validating the accuracy and fitness of data for their intended use.

4.3. Compliance Obligations.

Commercial Partners represent, warrant, and covenant that, in connection with their access to and use of FanFeed data and FanFeed Derived Outputs:

• They will comply with all applicable federal, state, and international privacy laws and regulations, including the California Consumer Privacy Act (CCPA), the Virginia Consumer Data Protection Act (VCDPA), and comparable state statutes, as well as the GDPR and UK GDPR where applicable;

• They will enter into any data processing agreements or addenda required under applicable law with respect to the data received from FanFeed; FanFeed will provide its standard-form data processing addendum ("DPA") upon a Commercial Partner's request, and, where a Commercial Partner's receipt of FanFeed data is subject to the GDPR, UK GDPR, or similar law requiring a data processing agreement, the parties will execute FanFeed's DPA before the first delivery of the applicable data;

• They will maintain a publicly available privacy policy that accurately describes their receipt and use of FanFeed data and FanFeed Derived Outputs;

• They will not use FanFeed data to discriminate against individuals on the basis of any protected characteristic under applicable law;

• They will provide their own customers and data subjects with notice of their data practices to the extent required by applicable law; and

• They will cooperate with and respond to regulatory inquiries, audits, or investigations that relate to FanFeed data in their possession, and will notify FanFeed promptly of any such inquiry.

4.4. Term and Termination. Unless otherwise specified in an Order Form, the commercial relationship between FanFeed and a Commercial Partner will commence on the effective date of the applicable Order Form and continue for the term specified therein. Either party may terminate an Order Form for cause upon thirty (30) days' written notice if the other party materially breaches the Order Form or these Terms and fails to cure such breach within the notice period. FanFeed may terminate any Order Form immediately upon written notice if: (i) a Commercial Partner materially or willfully violates Section 4.3 (Compliance Obligations), or violates Section 4.3 and fails to cure such violation within ten (10) business days after receiving written notice thereof from FanFeed; (ii) a Commercial Partner uses FanFeed data for any purpose not expressly authorized by the Order Form; or (iii) FanFeed determines, in its reasonable discretion, that continued data sharing creates material legal or regulatory risk.

Upon expiration or termination of an Order Form: (i) the Commercial Partner's right to access or use FanFeed data and FanFeed Derived Outputs under that Order Form will immediately terminate; (ii) the Commercial Partner will promptly destroy or return all FanFeed data and FanFeed Derived Outputs in its possession as instructed by FanFeed; and (iii) the Commercial Partner will certify in writing to FanFeed that it has completed such destruction or return within fifteen (15) days of FanFeed's request.

4.5. Audit Rights.

FanFeed reserves the right, upon at least ten (10) business days' prior written notice, to audit or inspect a Commercial Partner's use of FanFeed data and FanFeed Derived Outputs to verify compliance with these Terms and any applicable Order Form, no more than once per calendar year absent a reasonable belief of non-compliance. The Commercial Partner will cooperate with any such audit and provide FanFeed with reasonable access to relevant records, systems, and personnel.

4.6. FanFeed Breach Notification. FanFeed will notify an affected Commercial Partner within seventy-two (72) hours of becoming aware of any confirmed breach of FanFeed's systems that compromises FanFeed data or FanFeed Derived Outputs provided to that Commercial Partner. FanFeed's notification will describe, to the extent then known, the nature of the breach and the categories of data affected, and FanFeed will provide reasonably requested updates as its investigation progresses.

5. PAYMENTS AND FEES

5.1. End User Fees.

The Services are currently offered to End Users at no charge. FanFeed reserves the right, in its sole discretion, to introduce fees for certain features, tiers, or premium functionality at any time upon at least thirty (30) days' prior notice. If FanFeed introduces fees applicable to End Users, your continued use of the relevant feature after the effective date of the new fee will constitute your agreement to pay the applicable fee. All End User fees, if any, will be clearly disclosed prior to purchase.

5.2. Commercial Partner Fees. Commercial Partners will pay FanFeed the fees set forth in the applicable Order Form ("Partner Fees"), in the currency and on the payment schedule specified therein. Unless otherwise specified in the Order Form: (i) invoices are due and payable within thirty (30) days of the invoice date; (ii) all Partner Fees are stated and payable in U.S. dollars; and (iii) all Partner Fees are non-cancellable and non-refundable, except as expressly set forth in the applicable Order Form or as required by applicable law.

5.3. Late Payments.

If a Commercial Partner fails to pay any amount due by the applicable due date, FanFeed may: (i) charge interest on the overdue amount at the rate of one and one-half percent (1.5%) per month (or the maximum rate permitted by applicable law, if lower), from the due date until the date of actual payment; (ii) suspend the Commercial Partner's access to FanFeed data and deliverables until all outstanding amounts are paid in full; and (iii) exercise any other remedies available at law or in equity. FanFeed will provide written notice of any payment delinquency prior to suspending access.

5.4. Disputed Invoices.

If a Commercial Partner disputes any portion of an invoice in good faith, it must notify FanFeed in writing within fifteen (15) business days of the invoice date, specifying in reasonable detail the basis for the dispute. The parties will work in good faith to resolve the dispute. Undisputed amounts remain due and payable by the applicable due date. The Commercial Partner may not withhold payment of undisputed amounts pending resolution of a disputed amount.

5.5. Taxes.

All Partner Fees are exclusive of any applicable taxes, levies, duties, or similar governmental assessments, including sales, use, value-added, goods and services, or withholding taxes (collectively, "Taxes"). Commercial Partners are solely responsible for paying all Taxes associated with their purchases under any Order Form, excluding taxes based on FanFeed's net income or gross receipts. If FanFeed is required by law to collect any Tax from a Commercial Partner, FanFeed will invoice such Tax separately, and the Commercial Partner will pay such Tax in addition to the applicable Partner Fees, unless the Commercial Partner provides FanFeed with a valid tax exemption certificate prior to the issuance of the invoice.

5.6. Fee Adjustments.

FanFeed reserves the right to adjust Partner Fees at the time of renewal of any Order Form, upon at least sixty (60) days' prior written notice. Fees will not be adjusted during the then-current term of an Order Form. If a Commercial Partner does not agree to an adjusted fee, it may elect not to renew the applicable Order Form by providing written notice to FanFeed before the end of the then-current term.

5.7. End User Payment Method.

To the extent End User fees are introduced, all payments from End Users will be processed through a third-party payment processor (such as Stripe, Inc., or the in-app purchase mechanism offered by the applicable App Store). By providing payment information, End Users represent and warrant that the information is accurate, current, and complete, and that they have the legal right to use the payment method provided. End Users authorize FanFeed and/or its payment processor to charge the applicable fees to their designated payment method. All purchases are final and non-refundable except as required by applicable law.

5.8. Commercial Partner Payment Method.

Commercial Partners will remit payment by wire transfer, ACH, or such other method as FanFeed specifies in the applicable Order Form or invoice. FanFeed reserves the right to require advance payment or a deposit for new Commercial Partners or in the event of a history of late payment.

6. THIRD-PARTY LINKS AND INTEGRATIONS

The Services may automatically produce search results that reference or link to third-party websites, applications, or services throughout the Internet. We have no control over those sites or their content, and we cannot guarantee that the content contained therein is accurate, legal, or inoffensive. We do not endorse the content of any third-party site. The Services may also allow you to connect with third-party applications, services, or platforms. Your use of any third-party integration is solely governed by the terms and privacy policies of that provider. We do not control, endorse, or assume liability for any third-party service or integration.

7. CONSENT TO ELECTRONIC COMMUNICATIONS

By accessing and using the Services, you agree that we may communicate with you electronically regarding registration, security, privacy, and administrative issues relating to your use of the Services. By submitting a telephone number to the Services, you agree that we may contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not a condition of receiving any of our products or services.

You consent to receiving our email newsletter and other marketing-related emails from us. If you wish to opt out of such marketing communications, please use the unsubscribe link in any email received from us, or email us with "OPT-OUT," "UNSUBSCRIBE," "STOP," or "REMOVE" in the subject line.

8. CONFIDENTIALITY

In the course of providing the Services, we may disclose or make available to you information about our business, operations, technology, data, and clients that is not generally known or publicly available, whether or not designated as "confidential" ("FanFeed Confidential Information"). In the course of a commercial relationship, a Commercial Partner may similarly disclose or make available to FanFeed information about its business, operations, marketing strategies, customer base, or data infrastructure that is not generally known or publicly available, whether or not designated as "confidential" ("Partner Confidential Information," and together with FanFeed Confidential Information, "Confidential Information"). Each party that receives the other party's Confidential Information (the "receiving party") acknowledges that such Confidential Information is the proprietary information of the disclosing party and the receiving party will: (i) hold it in strict confidence using at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care; (ii) not use it for any purpose other than as expressly authorized under these Terms or the applicable Order Form; and (iii) not disclose it to any third party without the disclosing party's prior written consent.

Commercial Partners acknowledge that the structure, pricing, data composition, and methodology of FanFeed's data products and FanFeed Derived Outputs constitute FanFeed Confidential Information. Commercial Partners will restrict access to FanFeed Confidential Information to those of their employees, contractors, and advisors who have a need to know it for the purposes authorized by the applicable Order Form and who are bound by written confidentiality obligations no less protective than those in these Terms. FanFeed will similarly restrict access to Partner Confidential Information to those of its employees, contractors, and advisors who have a need to know it in connection with the applicable commercial relationship and who are bound by written confidentiality obligations no less protective than those in these Terms.

The confidentiality obligations in this Section do not apply to information that: (i) is or becomes publicly available through no fault of the receiving party; (ii) was rightfully known to the receiving party prior to disclosure by the disclosing party without restriction; (iii) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information; or (iv) is required to be disclosed by applicable law, regulation, or court order, provided that the receiving party provides the disclosing party with prompt written notice (to the extent permitted by law) and cooperates with the disclosing party in seeking a protective order or other appropriate relief.

9. DISCLAIMERS OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION

9.1. Disclaimer of Warranties.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FANFEED SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. WE DO NOT MAKE ANY ASSURANCE THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR PROVIDE SPECIFIC RESULTS, OR THAT FILES ACCESSED OR DOWNLOADED FROM THE SERVICES WILL BE FREE OF VIRUSES OR DESTRUCTIVE FEATURES.

YOU ACKNOWLEDGE AND AGREE THAT: (I) INFERENCES, EMBEDDINGS, AND OTHER OUTPUTS GENERATED FROM PHOTOS AND DATA MAY BE INACCURATE, INCOMPLETE, OR OTHERWISE UNRELIABLE; (II) OUTPUTS ARE GENERATED BY AUTOMATED SYSTEMS AND ARE NOT REVIEWED BY A HUMAN PRIOR TO DELIVERY; (III) FANFEED MAKES NO REPRESENTATIONS REGARDING THE ACCURACY, APPROPRIATENESS, OR FITNESS OF ANY DERIVED OUTPUT FOR ANY PARTICULAR PURPOSE; AND (IV) YOU USE SUCH OUTPUTS ENTIRELY AT YOUR OWN RISK.

WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY COMMERCIAL PARTNERS IN CONNECTION WITH THEIR USE OF DATA DISCLOSED TO THEM AS DESCRIBED IN OUR PRIVACY POLICY AND SECTION 3.3 ABOVE.

IF YOU ARE A RESIDENT OF NEW JERSEY, THE DISCLAIMER AND LIMITATION OF LIABILITY PROVISIONS ARE INTENDED TO BE ONLY AS BROAD AS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY.

9.2. Limitation of Liability.

(a) Liability Cap and Exclusions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FANFEED, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR REPRESENTATIVES BE LIABLE TO YOU: (I) FOR ANY AMOUNT EXCEEDING THE APPLICABLE CAP SET FORTH BELOW, IN THE AGGREGATE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES; OR (II) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, OR LOSS OF GOODWILL, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF FANFEED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THE REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE APPLICABLE CAP IS: (X) FOR AN END USER, THE GREATER OF (1) THE FEES PAID BY SUCH END USER TO FANFEED DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (2) ONE HUNDRED DOLLARS ($100.00); OR (Y) FOR A COMMERCIAL PARTNER, THE TOTAL PARTNER FEES PAID BY SUCH COMMERCIAL PARTNER TO FANFEED UNDER THE APPLICABLE ORDER FORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM GIVING RISE TO LIABILITY.

(b) General. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AN ESSENTIAL PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FANFEED AND THAT FANFEED WOULD NOT PROVIDE THE SERVICES TO YOU WITHOUT YOUR AGREEMENT TO THESE LIMITATIONS.

9.3. Indemnification.

At our option and request, you will defend, indemnify, and hold harmless FanFeed, its affiliates, and each of their respective directors, officers, employees, agents, contractors, and representatives (the "Indemnified Parties") from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to the following, as applicable to you: (a) End Users. (i) your breach or violation of these Terms; (ii) your use or misuse of the Services; (iii) Your Content, including any claim that Your Content infringes, misappropriates, or violates the intellectual property, privacy, or other rights of any third party; (iv) your violation of any applicable law or regulation; (v) any dispute between you and any third party; or (vi) your failure to obtain any required consent from individuals appearing in photos you submit to the Services. (b) Commercial Partners. (i) the Commercial Partner's breach or violation of these Terms or any Order Form; (ii) the Commercial Partner's use of FanFeed data or FanFeed Derived Outputs in violation of applicable law or beyond the scope authorized by the applicable Order Form; (iii) any claim by a data subject, regulator, or third party arising from the Commercial Partner's handling of FanFeed data; (iv) the Commercial Partner's violation of any applicable privacy law in connection with FanFeed data; or (v) the Commercial Partner's failure to comply with Section 4.3 (Compliance Obligations).

9.4. Indemnification Process.

In connection with any claim for which indemnification is sought under Section 9.3, the Indemnified Party will: (i) provide the indemnifying party with prompt written notice of the claim; (ii) grant the indemnifying party full control over the defense and settlement of the claim, provided that any settlement that imposes obligations on the Indemnified Party requires the Indemnified Party's prior written consent; and (iii) provide reasonable assistance in connection with the defense. The Indemnified Party may participate in the defense of any claim at its own expense.

10. MANDATORY ARBITRATION AND CLASS ACTION WAIVER

10.1. Arbitration.

In the interest of resolving disputes in the most expedient and cost-effective manner, we agree that any dispute arising out of or related to these Terms or your access and use of the Services will be resolved by binding arbitration and not in a class, representative, or consolidated action or proceeding.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU (AS WELL AS FANFEED) ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION THERE IS NO JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

Whether to agree to arbitration is an important decision. You should not rely solely on the information provided in these Terms, and you are encouraged to consult with an attorney regarding the consequences of your decision.

This agreement to arbitrate includes all claims arising out of or in any way related to these Terms or your access and use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the expiration or termination of these Terms.

Notwithstanding the foregoing, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) bring an action in a court pursuant to the California Private Attorneys General Act of 2004, California Labor Code § 2698 et seq.; (iii) seek injunctive or other equitable relief in a court of law to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information; or (iv) file suit in a court of law to address amounts due and payable.

10.2. Process — End Users.

Arbitration between FanFeed and an End User will be governed by the U.S. Federal Arbitration Act and administered by the American Arbitration Association ("AAA") pursuant to the AAA's Consumer Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Consumer Rules"), as modified by these Terms. If you are an End User and bring a claim solely for monetary relief of $10,000 or less, we will agree to pay any filing, administrative, or hearing fees charged by the AAA. If you bring a claim exceeding $10,000, AAA Consumer Arbitration Rules will govern payment of fees.

10.3. Process — Commercial Partners. Arbitration between FanFeed and a Commercial Partner will be governed by the U.S. Federal Arbitration Act and administered by the AAA pursuant to the AAA's Commercial Arbitration Rules (the "AAA Commercial Rules"), as modified by these Terms. Filing fees and arbitrator compensation will be apportioned in accordance with the AAA Commercial Rules unless the parties agree otherwise. Notwithstanding the foregoing, FanFeed and a Commercial Partner may agree in the applicable Order Form to mutually waive this Section 10 with respect to disputes arising under that Order Form, in which case such disputes will be resolved as set forth in Section 11.1 (Governing Law).

10.4. Shared Arbitration Provisions.

The following provisions apply to all arbitrations under these Terms, regardless of whether the claimant is an End User or a Commercial Partner: A party who intends to seek arbitration must first send a written notice of dispute to the other party within the applicable statute of limitations period ("Notice"). Our address for Notice is: legal@fanfeed.ai, Attn: Legal. The Notice must: (i) describe the nature and basis of the claim; (ii) set forth the specific relief sought; and (iii) if you are sending Notice to us, include your name and address. The parties will make good faith efforts to resolve the claim directly. If the parties do not reach agreement within forty-five (45) days after the Notice is received, either party may commence an arbitration proceeding.

Any arbitration hearing will take place at a location to be agreed upon in Palm Beach County, Florida. The arbitrator must issue a reasoned written decision. The parties agree to keep confidential the existence of the arbitration, the proceedings, submissions, and any award, except as required by applicable law.

10.5. Class Action Waiver.

YOU AND FANFEED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING (OTHER THAN ACTIONS UNDER THE CALIFORNIA PRIVATE ATTORNEYS GENERAL ACT OF 2004, CALIFORNIA LABOR CODE § 2698 ET SEQ., WHICH ARE NOT COVERED BY THIS SECTION). UNLESS WE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION 10 SHALL BE NULL AND VOID.

10.6. Opt Out — End Users.

This Section 10.6 applies to End Users only. Arbitration is not a mandatory condition of these Terms for End Users. If you do not want to be subject to this Section 10, you may opt out by notifying us in writing within thirty (30) days after the effective date of your agreement to these Terms, by emailing support@fanfeed.ai with your full name, address, and a clear statement of your intent to opt out of this arbitration provision. If you opt out, any dispute will be resolved as set forth in Section 11.1 (Governing Law). You have the right to consult with counsel regarding your right to opt out, and you will not be subject to retaliation for exercising that right.

10.7. Enforceability.

If this Section 10 is found to be unenforceable in whole or in part, then the exclusive jurisdiction and venue of the state and federal courts of Palm Beach County, Florida will govern any action arising out of or related to these Terms.

11. MISCELLANEOUS

11.1. Governing Law.

These Terms are governed by the laws of the State of Florida without reference to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods, the Uniform Commercial Code (UCC), and the Uniform Computer Information Transactions Act (UCITA) do not apply to these Terms. Subject to Section 10, all claims arising under these Terms will be litigated exclusively in the federal or state courts of Palm Beach County, Florida. The parties submit to the personal jurisdiction of those courts. In any proceeding to enforce rights under Section 3 (Intellectual Property, License Grant, and Data Rights), Section 5 (Payments and Fees), Section 8 (Confidentiality), or Section 9.3 (Indemnification), the prevailing party will be entitled to recover costs and attorneys' fees; each other proceeding will follow the parties' respective default cost and fee allocation under applicable law.

11.2. Amendment; No Waiver.

FanFeed may update these Terms from time to time by posting a revised version on the Services; such updates shall be effective upon posting, except that material changes shall not take effect until at least thirty (30) days after notice is provided in accordance with the introductory paragraph of these Terms. Notwithstanding the foregoing, no such unilateral update will alter the specific commercial terms (including scope of data, fees, and term) of an Order Form executed prior to the effective date of that update, without the affected Commercial Partner's consent. Except for such unilateral updates, these Terms may not be amended except in a signed writing executed by authorized representatives of both parties. No delay in exercising any right or remedy, or failure to object, will constitute a waiver of such right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.

11.3. Force Majeure.

Except for payment obligations, neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage not caused by the obligated party; government restrictions; pandemic; or other event outside the reasonable control of the obligated party. Each party will use commercially reasonable efforts to mitigate the effect of a force majeure event. If a force majeure event causes FanFeed to delay or fail to perform for thirty (30) consecutive days, either party may terminate these Terms upon written notice.

11.4. Relationship of the Parties.

No joint venture, partnership, employment, or agency relationship exists between you and FanFeed as a result of these Terms or your use of the Services. You act on your own behalf and for your own benefit, and not on behalf of or for the benefit of FanFeed. You agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of FanFeed.

11.5. Assignment.

You may not assign or transfer these Terms or delegate your performance without our prior written consent, and any attempt to do so is void. FanFeed may assign or transfer these Terms or any rights, benefits, or obligations without your consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. These Terms are binding upon and inure to the benefit of the parties' permitted successors and assigns.

11.6. Compliance with Laws.

You agree to comply with all applicable international, federal, state, provincial, and local laws, regulations, binding regulatory guidance, directives, and governmental requirements in connection with your use of the Services, including all laws regarding the transmission of data. If you are using the Services from the European Union, the United Kingdom, or other regions with laws governing data collection and use, you agree to the transfer and processing of your information to and in the United States and other jurisdictions, in accordance with our Privacy Policy.

11.7. Severability.

If any provision of these Terms or any portion thereof is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be replaced by a valid and enforceable provision that most closely reflects the intent of the original, and the remainder of these Terms will remain in full force and effect.

11.8. Injunctive Relief.

If you breach these Terms, FanFeed may suffer irreparable harm for which monetary damages would be inadequate. Accordingly, FanFeed may seek injunctive or other equitable relief in addition to any other remedies available at law or in equity.

11.9. No Third-Party Beneficiaries.

There are no third-party beneficiaries of these Terms, except as set forth in Section 1.9 with respect to the applicable App Store provider(s) and their subsidiaries.

11.10. Subcontractors.

We may use subcontractors or other third parties to perform our obligations under these Terms, but we will remain responsible for all such obligations.

11.11. Further Assurances.

You agree to execute and deliver any documents or instruments, and take any further actions that are reasonably required, to provide FanFeed the full benefits and rights described in these Terms.

11.12. Survival.

Any provisions of these Terms that by their nature should survive termination will remain in effect following termination of these Terms, including without limitation provisions regarding intellectual property rights, the license grant (including with respect to pre-existing Commercial Partner sublicenses), FanFeed's ownership of FanFeed Derived Outputs, payment obligations (including outstanding Partner Fees), Commercial Partner data obligations (Section 4.3), confidentiality (Section 8), indemnification, disclaimers, limitations of liability, dispute resolution, and governing law.

11.13. Termination.

These Terms commence on the date you first access the Services (for End Users) or the effective date of the first Order Form (for Commercial Partners) and continue until terminated. FanFeed may, in its sole discretion and without prior notice, terminate an End User's access to the Services, or exercise any other remedy available, if the End User breaches (or if we suspect they have breached) these Terms. End Users may terminate these Terms by contacting us at support@fanfeed.ai. Termination of Commercial Partner relationships (including for breach of these Terms by a Commercial Partner) is governed exclusively by Section 4.4 above. Termination does not affect any rights or obligations that arose prior to the effective date of termination, and neither party will be liable to the other for damages arising solely from the act of termination.

11.14. Independent Covenants.

All covenants in these Terms shall be construed as agreements independent of any other provision, and the existence of any claim or cause of action by you against FanFeed, whether predicated on these Terms or otherwise, shall not constitute a defense to FanFeed's enforcement of such covenants.

11.15. Entire Agreement.

These Terms, together with our Privacy Policy and any applicable Order Forms, constitute the entire agreement between you and FanFeed regarding the Services, and supersede all prior and contemporaneous proposals, agreements, and understandings, whether oral, written, or electronic. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, or supplement these Terms.

12. NOTICES

12.1. Notices Generally.

All legal notices under these Terms must be in writing and will be considered given: (i) upon delivery, if delivered personally or by internationally recognized courier service; (ii) three (3) business days after being sent, if delivered by U.S. registered or certified mail (return receipt requested); or (iii) one (1) business day after transmission, if delivered by email to the address on file for the recipient. Notwithstanding the foregoing, where these Terms direct a particular type of notice to a specific FanFeed email address (e.g., privacy@fanfeed.ai for deletion requests, support@fanfeed.ai for account termination, or legal@fanfeed.ai for arbitration Notices), such notice must be sent to the designated address to be effective. A notice sent to a FanFeed email address listed in these Terms other than the designated address will be deemed received three (3) business days after transmission, provided FanFeed has actual knowledge of the notice.

12.2. Notices to FanFeed.

All notices to FanFeed should be sent to:

FanFeed LLC 2200 Butts Rd., Suite 220 Boca Raton, FL 33431

Email: legal@fanfeed.ai

Attn: Legal

12.3. Notice for California Users.

Under California Civil Code Section 1789.3, California residents are entitled to the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

13. CONTACT US

If you have any questions about these Terms or otherwise need to contact us, you can reach us at:

• General inquiries: support@fanfeed.ai

• Privacy and data rights: privacy@fanfeed.ai

• Legal notices and DMCA: legal@fanfeed.ai