Terms of Service

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Summary

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1. Acceptance of These Terms

1.1 The Agreement

These Terms of Service (the "Terms") are a binding contract between you and Fanbase Spark, LLC, a Georgia limited liability company and a wholly-owned subsidiary of Fanbase Social Media, Inc. ("Spark," "we," "us," or "our"). They govern your access to and use of the Fanbase Spark mobile and web applications, the website at [spark.fanbase.app], and all related features, content, tools, and services (the "Service").

Our Privacy Policy at [URL] and our Community Guidelines at [URL] are incorporated into these Terms by reference.

1.2 How You Accept

By tapping "I Agree," creating or signing into a Spark account, or otherwise accessing or using the Service, you confirm that you have read and understand these Terms, that you are at least 13 years old (and, if under the age of majority where you live, that your parent or guardian has agreed on your behalf), and that you agree to be legally bound.

If you do not agree, do not use the Service.

1.3 Important Notices

⚠ ARBITRATION AND CLASS ACTION WAIVER. Section 20 requires binding individual arbitration and waives your right to a class action and a jury trial.

⚠ CONTENT LICENSE. Section 5.2 grants Spark and its affiliates a broad license to your content, including for artificial intelligence and machine learning training and third-party sublicensing.

⚠ SHARED ACCOUNT AND DATA. Section 4 explains that your Spark account is federated with Fanbase and that your data flows between Fanbase products as an integral part of the Service.

⚠ PUBLIC BY DEFAULT. Section 6 explains that content on Spark is public unless you protect your account.

1.4 Changes to These Terms

We may change these Terms. We will update the "Last Updated" date and notify you by in-app notice, email, or another reasonable method. Material changes take effect [thirty (30)] days after notice, unless a shorter period is required by law or is necessary for legal, safety, or security reasons. Non-material changes take effect when posted. Continued use after a change means you accept it.

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2. Eligibility and Accounts

2.1 Minimum Age

You must be at least 13 years old. The Service is not directed to children under 13 and we do not knowingly collect their personal information.

2.2 Your Account and FAN Sign-In

Your Spark account is a Fanbase account. You sign in with the same credentials you use on Fanbase, through the Federated Access Network (Section 4). If you do not have a Fanbase account, one is created for you when you sign up for Spark.

You agree to provide accurate information, keep your credentials confidential, not transfer or sell your account, and notify us at [support URL] of any unauthorized access. You are responsible for all activity under your account.

2.3 Handles

You do not own your handle. We may reclaim, change, or reassign a handle at any time — including where it is inactive, infringes a third party's rights, impersonates another person or entity, is squatted or trafficked, or violates these Terms. Handles are shared across the Fanbase Family, so a handle you hold on Fanbase is reserved for you on Spark and vice versa.

2.4 Verification

Verification badges and similar indicators are granted and revoked at our discretion, may be conditioned on payment or eligibility criteria, and are not an endorsement.

2.5 Inactivity

We may deactivate an account that has not been logged into for at least twelve (12) consecutive months and may reclaim its handle and delete its data. Balances are subject to the same terms as on Fanbase — see the Fanbase Terms of Service § 2.5.

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3. The Service

3.1 What Spark Offers

Spark is a public conversation platform. Depending on your account and location, the Service may include:

• Posts — short-form text posts, with images, video, GIFs, links, and polls
• Threads — connected series of posts
• Replies, reposts, and quotes — public conversation and amplification
• Timeline — algorithmic and chronological views of posts from accounts you follow and accounts we recommend
• Trends, search, and discovery
• Lists, bookmarks, and communities
• Direct Messages — one-to-one and group messaging
• Spaces / live audio — where offered
• Long-form posts and articles — where offered
• Subscriptions and paid posts — where offered, allowing creators to charge for access
• Creator monetization through the Federated Access Network (Section 8)
• Developer APIs — where offered, under separate Developer Terms

We may add, change, suspend, or discontinue any part of the Service at any time.

3.2 Availability

The Service is provided on an "as available" basis, without any guarantee of uninterrupted or error-free operation. We may impose and change limits on posting rate, storage, upload size, API access, and other resources.

3.3 Beta Features

Features labeled beta, preview, or early access are provided as-is, may change or be withdrawn without notice, and are excluded from any commitment or warranty.

3.4 Developer APIs

If we make APIs available, your use is governed by separate Developer Terms at [URL]. Absent a written agreement, you may not access the Service through automated means (Section 7.2).

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4. One Account Across Fanbase Products (FAN)

4.1 The Fanbase Family

Fanbase Spark, LLC is a wholly-owned subsidiary of Fanbase Social Media, Inc., a Delaware corporation. The Fanbase Family consists of Fanbase Social Media, Inc. and its subsidiaries and affiliates, including:

• Fanbase — the Fanbase social platform;
• Fanbase Spark, LLC — this Service;
• Fanbase Creator Services, [LLC] — which holds and distributes creator funds; and
• other current and future affiliates and products.

4.2 Federated Access Network

The Federated Access Network ("FAN") is the shared identity, account, and earnings infrastructure connecting the Fanbase Family. Through FAN you have one set of credentials, one identity, and one consolidated earnings balance across Fanbase products.

4.3 Cross-Platform Data Sharing Is Part of the Service

Please read this carefully.

FAN is a core, integral component of the Service and is not an optional add-on. By using the Service, you acknowledge and agree that your account, identity, profile, activity, safety, and transaction data are shared among members of the Fanbase Family, and that this sharing is necessary for us to provide the Service to you.

This includes:

Enforcement travels with you. A suspension, restriction, or termination on Spark may result in the same action on Fanbase and other Fanbase Family products, and vice versa.

Content does not automatically cross-post. Your Spark posts are not automatically published on Fanbase unless you enable cross-posting or use a feature expressly described as cross-platform.

See our Privacy Policy and Subprocessor List at [URL] for details.

4.4 Separate Terms

Each Fanbase Family product has its own terms and privacy policy. Using Fanbase means agreeing to the Fanbase Terms of Service. Receiving payouts means agreeing to the Fanbase Creator Services Creator Agreement.

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5. Your Content

5.1 You Own Your Content

"Your Content" means anything you create, upload, post, transmit, or display on or through the Service — posts, replies, media, audio, direct messages, profile information, and metadata.

You retain all ownership rights in Your Content.

5.2 The License You Give Us

By making Your Content available on or through the Service, you grant Fanbase Spark, LLC and the other members of the Fanbase Family a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to:

(a) Operate the Service. Host, store, cache, reproduce, adapt, modify (for formatting and technical purposes), publish, publicly perform, publicly display, transmit, and distribute Your Content across the Fanbase Family and through our distribution partners, syndication partners, embeds, and integrations.

(b) Promote the Service. Use Your Content, your name, handle, likeness, and voice to promote, market, and advertise the Service and the Fanbase Family in any media.

(c) Develop and improve technology. Analyze Your Content and use it to operate, develop, improve, and train our products, systems, and technology — including artificial intelligence, machine learning, recommendation, moderation, and generative models — and to create derivative works and outputs from those models.

(d) Sublicense and syndicate. Sublicense the rights in (a) through (c) to third parties, including partners, service providers, syndication and distribution partners, and other companies and organizations, including for the purpose of developing and training artificial intelligence and machine learning models.

(e) Enable other users. Allow other users to view, reply to, repost, quote, embed, and otherwise use Your Content as enabled by the features of the Service.

You represent that you have all rights necessary to grant this license, including from any person appearing or heard in Your Content.

No compensation. Except as expressly provided in Section 8 or in a separate written agreement, you are not entitled to compensation for these uses.

Waiver of moral rights. To the maximum extent permitted by law, you waive, and agree not to assert, any moral rights, rights of attribution or integrity, or similar rights in Your Content against Spark or its sublicensees.

Duration. The license continues while Your Content is on the Service and for a reasonable period afterward for backup, cache expiry, and legal retention. Sublicenses granted before deletion, and any models, systems, or derivative works already developed using Your Content, survive deletion.

5.3 Feedback

Ideas, suggestions, and feedback you send us may be used by us for any purpose, without compensation or attribution.

5.4 Deleting Your Content

You may delete Your Content at any time. Copies may persist in backups, caches, and logs for a limited period; content others reposted, quoted, screenshotted, or saved may remain accessible; and we may retain content where required by law, for a legal hold, or for a safety investigation. Models already trained on Your Content are not affected by deletion.

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6. Public by Default

Spark is a public conversation platform. Unless you protect your account, everything you post — posts, replies, likes, follows, your profile, and your handle — is public. It can be viewed by anyone with or without an account, indexed by search engines, distributed through our APIs and partners, embedded on other websites, and copied by third parties.

Protected accounts. If you protect your account, your posts are visible only to your approved followers. Protection is not retroactive — posts made while your account was public may already have been copied or distributed.

Direct Messages are visible to the participants. DMs are not end-to-end encrypted.

We cannot control third parties. Once your content is public, we cannot retrieve copies others have made, prevent it from being scraped, or remove it from third-party archives.

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7. Rules of the Road

7.1 Community Guidelines

Your use of the Service must comply with our Community Guidelines at [URL], incorporated by reference.

7.2 Prohibited Conduct

You may not, and may not permit anyone else to:

Harm others

1. harass, bully, stalk, threaten, intimidate, or incite violence against any person;
2. post content promoting or facilitating terrorism, violent extremism, or mass violence;
3. post content that sexualizes, exploits, or endangers a minor, or that constitutes CSAM;
4. share intimate images of a person without consent, or threaten to do so;
5. engage in hate speech or attack a person or group on the basis of a protected characteristic;
6. promote or facilitate self-harm, suicide, or disordered eating;
7. share another person's private information without consent;

Break the law

1. violate any applicable law or regulation;
2. infringe or misappropriate any patent, copyright, trademark, trade secret, right of publicity, or other right;
3. defame, libel, or slander any person;
4. engage in fraud, deception, phishing, or any scheme to obtain money or information under false pretenses;
5. conceal the source or destination of funds, or use the Service for money laundering;
6. facilitate transactions in illegal goods, controlled substances, weapons, or stolen property;

Undermine the platform

1. impersonate any person or entity, or misrepresent your affiliation — parody, commentary, and fan accounts are permitted only where clearly labeled as required by our Community Guidelines;
2. create or operate fake, bulk, or automated accounts, or artificially inflate engagement, followers, views, or earnings;
3. buy, sell, rent, or transfer accounts, handles, or engagement;
4. scrape, crawl, spider, or use any automated means to access, index, harvest, or copy the Service or its content, except as expressly permitted in writing, through our published APIs under the Developer Terms, or as permitted by our robots.txt;
5. use the Service or its content to develop or train any artificial intelligence or machine learning model, or to build a competing product or dataset;
6. reverse engineer, decompile, or attempt to derive the source code of the Service, except where that restriction is prohibited by law;
7. circumvent, disable, or interfere with any security, rate-limiting, authentication, geoblocking, paywall, or access-control feature;
8. introduce malware or any code intended to disrupt, damage, or gain unauthorized access;
9. access another user's account or any part of the Service without authorization;
10. interfere with or place undue load on our infrastructure;
11. send spam or unsolicited commercial communications;
12. harvest usernames, email addresses, phone numbers, or other user data;
13. frame or mirror any part of the Service, or use our marks in metatags or hidden text, without written permission;
14. remove, obscure, or alter any proprietary notice, watermark, or content credential; or
15. otherwise violate these Terms, the Community Guidelines, or any published policy.

7.3 Content Standards

You are solely responsible for Your Content. We do not endorse and are not responsible for any user content.

Paid and sponsored content. If you receive anything of value in exchange for posting, you must clearly and conspicuously disclose it in the post itself, in compliance with the FTC Endorsement Guides (16 C.F.R. Part 255).

Synthetic and manipulated media. You must accurately label content that is synthetically generated or materially altered where required by our Community Guidelines or applicable law. You may not use synthetic media to impersonate a real person, deceive about a matter of public importance, or create non-consensual intimate imagery.

Age-restricted content. Content that is mature or otherwise age-restricted must be labeled as required by our Community Guidelines and may be shown only to users 18 and over.

7.4 Enforcement

If we believe you have violated these Terms, the Community Guidelines, or applicable law, or that your conduct creates risk or legal exposure, we may:

• remove, restrict, label, age-gate, or reduce the distribution of content;
• limit features, monetization, replies, or discoverability;
• issue a warning or strike;
• suspend or terminate your account, on Spark and across the Fanbase Family;
• withhold or forfeit earnings associated with violating content or conduct; and
• report to law enforcement or other authorities.

We are not required to act in any particular case, and declining to act once does not waive our right to act later. We may be unable to explain a decision where doing so would be unlawful, compromise an investigation, or endanger a person.

7.5 Appeals

Where required by law or offered as a matter of policy, you may appeal an enforcement decision at [URL]. We aim to review appeals within [X] days.

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8. Monetization and Payments

8.1 Paid Features and Subscriptions

Where offered, you may purchase subscriptions, paid posts, or other paid features. Purchases made through the Apple App Store or Google Play are processed by Apple or Google under their terms; refunds for those purchases are handled by them and we generally cannot issue them.

Auto-renewal. Subscriptions renew automatically at the disclosed interval and price until cancelled. You will be charged at the start of each period. Cancel in the App Store, Google Play, or your account settings. Deleting the app does not cancel a subscription. Cancellation takes effect at the end of the current period; except where required by law, we do not provide partial-period refunds. We will give notice of any price increase and obtain consent where required.

8.2 Creator Earnings

Creator earnings on Spark flow through the Federated Access Network and are held and distributed by Fanbase Creator Services, [LLC], a wholly-owned subsidiary of Fanbase Social Media, Inc.

One balance across products. Your Spark earnings are consolidated with your earnings from other Fanbase Family products into a single FAN balance and a single payout. By earning on Spark you consent to that consolidation and to the sharing of your transaction and earnings data with Fanbase Creator Services and the other Fanbase Family entities that operate FAN.

We act as an intermediary. When a fan pays for content, Spark and its affiliates facilitate the transaction between the fan and the creator, retain a platform fee, and route the remaining amount to the creator. The creator, not Spark, provides the content or benefit purchased.

Payouts are governed by a separate Creator Agreement with Fanbase Creator Services, which you must accept before you can earn or withdraw. It covers the platform fee, payment processing and identity verification, minimum thresholds, clearing and hold periods, taxes, chargebacks and reversals, and forfeiture. You are solely responsible for all taxes on your earnings.

Changes to fees. We may change the platform fee on at least [thirty (30)] days' advance notice to creators. Fee changes are not retroactive; each transaction is processed at the rate in effect when it occurs.

8.3 Advertising

We may display advertising and sponsored content in the Service, including alongside Your Content, without compensation to you unless a specific program provides otherwise.

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9. Intellectual Property

9.1 Our Rights

The Service — including its software, design, interfaces, and the Fanbase Spark name, logos, and marks — is owned by Spark, Fanbase Social Media, Inc., or their licensors. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Service in accordance with these Terms. All rights not expressly granted are reserved. You may not use our marks without written permission except as permitted by our brand guidelines at [URL].

9.2 Copyright Complaints (DMCA)

We respond to notices under the Digital Millennium Copyright Act. A valid notice must include:

1. identification of the copyrighted work claimed to be infringed (or a representative list);
2. identification of the material claimed to be infringing and information sufficient to locate it;
3. your mailing address, telephone number, and email address;
4. a statement of your good faith belief that the use is not authorized;
5. a statement that the information is accurate and, under penalty of perjury, that you are authorized to act for the owner; and
6. your physical or electronic signature.

Designated Copyright Agent [Name / Title] Fanbase Spark, LLC [Street Address] [City, GA ZIP] Email: [copyright@spark.fanbase.app] Phone: [PHONE]

Counter-notice. You may submit a counter-notice under 17 U.S.C. § 512(g)(3), including consent to the jurisdiction of the federal district court for your address (or, if outside the U.S., the Northern District of Georgia).

Repeat infringers. We terminate the accounts of repeat infringers in appropriate circumstances.

9.3 Other Rights Complaints

Report trademark, right of publicity, or other complaints to [legal@fanbase.app].

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10. Third-Party Content and Services

The Service contains content, links, and integrations from third parties. We do not control them, do not endorse them, and are not responsible for them. Content and offerings from creators are provided by those creators, not by Spark. We do not guarantee that a creator will deliver any content or benefit.

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11. Privacy

Our Privacy Policy at [URL] describes how we collect, use, share, and protect information, and our Subprocessor List at [URL] identifies the third parties that process personal data on our behalf.

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12. Suspension and Termination

12.1 By You

You may stop using the Service and delete your Spark account at any time. Because your account is federated, deleting your Spark account does not automatically delete your Fanbase account or your accounts on other Fanbase Family products. To delete your federated account entirely, use [MECHANISM] or contact [support].

12.2 By Us

We may suspend or terminate your access, in whole or in part, with or without notice, if you breach these Terms or an incorporated policy, if we are required to by law, if your account is inactive, if continued provision would create legal, safety, security, or financial risk, or if we discontinue the Service. Where the law requires notice or an appeal right, we will provide it.

12.3 Effect of Termination

On termination your license to use the Service ends; we may delete your content and account data subject to legal retention obligations; you forfeit unused balances and, except as required by law or the Creator Agreement, unpaid amounts associated with the conduct giving rise to termination; and no refunds are provided. Sections 5.2, 5.3, 8.2 (taxes and chargebacks), 9, 13, 14, 15, 16, 17, 20, 21, 22, and any provision that by its nature should survive, will survive.

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13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPARK AND ITS AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT CONTENT WILL BE ACCURATE, RELIABLE, OR APPROPRIATE; THAT CONTENT WILL BE PRESERVED OR STORED WITHOUT LOSS; THAT ANY CREATOR WILL DELIVER ANY CONTENT OR BENEFIT; OR THAT YOU WILL EARN ANY PARTICULAR AMOUNT.

WE ARE NOT RESPONSIBLE FOR USER CONTENT OR USER CONDUCT. We do not pre-screen content and are not obligated to monitor the Service. You use the Service at your own risk.

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

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14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

(a) SPARK AND ITS AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR ANTICIPATED EARNINGS.

(b) OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF (I) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (II) [ONE HUNDRED U.S. DOLLARS ($100)].

(c) These limits apply to all theories of liability and survive any failure of essential purpose of a limited remedy.

(d) Nothing in these Terms limits liability that cannot be limited by law, including for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

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15. Indemnification

You agree to defend, indemnify, and hold harmless Spark, the Fanbase Family, and their respective officers, directors, managers, members, employees, contractors, agents, and successors from any claims, demands, suits, damages, losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: your use of the Service; Your Content and any claim that it infringes or violates a third party's rights; your violation of these Terms, the Community Guidelines, or applicable law; any transaction between you and another user; or your failure to pay taxes on amounts you earn.

We may assume exclusive defense and control of any indemnified matter, in which case you will cooperate at your expense. You will not settle any claim affecting us without our prior written consent.

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16. App Store Terms

If you downloaded the app from the Apple App Store: these Terms are between you and Spark, not Apple; Apple has no maintenance or support obligation; if the app fails to conform to any applicable warranty you may notify Apple for a refund of the purchase price, and Apple has no other warranty obligation; Apple is not responsible for product liability, consumer protection, or third-party intellectual property claims; you represent you are not located in an embargoed country or on a U.S. Government prohibited-party list; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Comparable terms apply to Google Play and any other distribution platform.

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17. Export Controls and Sanctions

You may not use the Service in violation of U.S. export control or economic sanctions laws, including those administered by OFAC and BIS. You represent that you are not located in, ordinarily resident in, or a national of a comprehensively sanctioned jurisdiction and are not on the SDN List or any other restricted-party list.

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18. Content Notices

We may place notices, labels, watermarks, or provenance metadata on content. You may not remove or alter them.

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19. Communications

You consent to receive communications from us electronically, including by email, SMS, and in-app notification, and agree that electronic communications satisfy any legal writing requirement. Message and data rates may apply. You may opt out of marketing communications but not out of transactional and service communications.

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20. Dispute Resolution and Arbitration

⚠ PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY DECIDE YOUR CLAIMS.

20.1 Informal Resolution First

Before starting an arbitration, send a written Notice of Dispute to [legal@fanbase.app] and to [Street Address] describing the dispute, the relief sought, and your account and contact information. The parties will attempt in good faith to resolve the dispute for sixty (60) days. This informal process is a condition precedent to arbitration, and the limitations period is tolled during it.

20.2 Agreement to Arbitrate

Except as provided in Section 20.3, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your relationship with Spark — including the validity, enforceability, or scope of this arbitration agreement — will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (and, where applicable, its Mass Arbitration Supplementary Rules), as modified by these Terms.

One arbitrator. Conducted by telephone, videoconference, or on written submissions unless the arbitrator determines an in-person hearing is necessary; any in-person hearing will be in [Fulton County, Georgia] or, at your election, in the county where you reside. The Federal Arbitration Act governs. The arbitration will be confidential, subject to the AAA rules and applicable law. The arbitrator may award any relief available in court to the individual party but may not award relief on behalf of anyone else. Judgment on the award may be entered in any court of competent jurisdiction. Fees are allocated under the AAA Consumer Rules; we will pay the portion assigned to us.

20.3 Exceptions

Not subject to arbitration: claims that qualify for small claims court brought on an individual basis; claims for injunctive or equitable relief relating to intellectual property, unauthorized access, scraping, or misuse of the Service; claims of defamation and claims under the Computer Fraud and Abuse Act; and any claim that applicable law does not permit to be arbitrated.

20.4 Mass Arbitration

If 25 or more similar claims are asserted by the same or coordinated counsel, they will be administered under the AAA Mass Arbitration Supplementary Rules, and the parties will cooperate in good faith with that process.

20.5 Class Action and Jury Trial Waiver

YOU AND SPARK 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, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

YOU AND SPARK WAIVE THE RIGHT TO A TRIAL BY JURY.

If this Section 20.5 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court, and the rest of Section 20 will remain in effect.

20.6 Right to Opt Out

You may opt out of this arbitration agreement by sending written notice to [arbitration-optout@fanbase.app] or [Street Address] within thirty (30) days of first accepting these Terms, stating your name, account email, and a clear statement that you want to opt out. Opting out does not affect any other part of these Terms or your use of the Service.

20.7 Changes to This Section

If we materially change Section 20 after you accept these Terms, you may reject the change by written notice within 30 days, in which case the prior version governs.

20.8 Survival

This Section 20 survives termination.

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21. Governing Law and Venue

These Terms and any dispute arising out of them are governed by the laws of the State of Georgia, without regard to conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply. The place of contracting and performance is Atlanta, Georgia, USA. Subject to Section 20, you consent to the exclusive jurisdiction and venue of the state and federal courts in Fulton County, Georgia.

If you are a consumer resident in the EU, UK, or another jurisdiction whose law grants you mandatory protections that cannot be varied by contract, nothing in these Terms deprives you of those protections or of the right to bring proceedings in the courts of your country of residence.

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22. Time Limit on Claims

To the extent permitted by law, any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after it accrues, or it is permanently barred.

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23. General

Entire agreement. These Terms, together with the Privacy Policy, Community Guidelines, Developer Terms (if applicable), Creator Agreement (if applicable), and any feature-specific terms, are the entire agreement between you and Spark regarding the Service.

Severability. Any unenforceable provision will be modified to the minimum extent necessary or severed, and the rest will remain in effect. (Section 20.5 has its own severability rule.)

No waiver. Our failure to enforce a provision is not a waiver.

Assignment. You may not assign these Terms or your account. We may assign them to any affiliate or in connection with a merger, acquisition, reorganization, or sale of assets.

No third-party beneficiaries. Except as stated in Section 16 (Apple) and as to the Fanbase Family entities and indemnified parties in Section 15.

Relationship. No partnership, joint venture, employment, agency, or fiduciary relationship is created.

Force majeure. We are not liable for failures or delays caused by events beyond our reasonable control.

Headings and summaries are for convenience only.

Interpretation. "Including" means "including without limitation." These Terms will not be construed against the drafter.

Language. English controls; translations are for convenience.

Contact. Fanbase Spark, LLC [Street Address] [City, GA ZIP] [support@spark.fanbase.app] · [legal@fanbase.app]