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Terms of Service

Effective Date: January 1, 2024 · Last Updated: April 1, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE PLATFORM. THESE TERMS OF SERVICE DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE PLATFORM. IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL THESE TERMS OF SERVICE, YOU MAY NOT USE THE PLATFORM. YOUR CONTINUED USE OF THE PLATFORM MEANS YOU AGREE TO ALL THE TERMS AND CONDITIONS THAT ARE DESCRIBED OR REFERRED TO BELOW.

Unless otherwise expressly stated, these terms of service (these “Terms of Service”) represent a legally binding agreement between Fanaura, Inc., for itself and on behalf of its parent, subsidiary, and affiliate companies (collectively, “Fanaura”, “we”, “us”, or “our”), and each visitor, user, or customer (each, a “user,” and specifically you, “you” or “your”) of our owned and operated website, https://www.fanaura.ai/, and of our other affiliated websites, subdomains, mobile versions, applications (including mobile applications), and online media under our operation and control (collectively, the “Platform”).

By accessing and using the Platform, you agree and acknowledge that (i) you have read and understand the legal agreement you have with us, including these Terms of Service, the Privacy Policy, and any other applicable terms and conditions that we disclose or notify you of when you use or attempt to use the Platform (collectively, the “Additional Terms”), which are expressly made part of your legal agreement with Fanaura; and (ii) that unless you immediately stop using or trying to use the Platform, you will be signifying your agreement to be legally bound by and comply with all of the terms and conditions that apply to you under these Terms of Service, the Privacy Policy, and the Additional Terms, as applicable.

1. Services Provided

Fanaura (i) provides the Platform for artists, managers, and labels to manage fan engagement, run messaging campaigns (SMS, email, Instagram DM), analyze audience data, and coordinate digital launches including pre-save campaigns, tour RSVPs, and merchandise sales; and (ii) operates a Shopify sales channel that enables merchants to sell merchandise through Fanaura smart links, with orders processed through Shopify's checkout ((i) and (ii) collective, the “Services”).

2. Eligibility; Changes to the Platform and Terms of Service

You must be at least 18 years old, or the “age of majority” in your jurisdiction, if different, and capable of entering a binding contract to use the Services. By using our Services, you represent that you meet these requirements.

We reserve the right, at any time and from time to time, for any reason in our sole discretion, to add to, delete, and/or modify any or all the terms and conditions of these Terms of Service or any Additional Terms that apply to you, as well as the Platform and/or any Services. We display the effective date of these Terms of Service at the top of this page, indicated by the “Last Updated” legend. UNLESS OTHERWISE INDICATED, ANY CHANGES TO THESE TERMS OF SERVICE OR ADDITIONAL TERMS WILL APPLY IMMEDIATELY UPON POSTING THEM TO THE SERVICE. If you use the affected Services after the changes become effective, it means you are agreeing to be bound by the changes to these Terms of Service and Additional Terms, as the case may be. You should check on a regular and frequent basis and review the terms and conditions of these Terms of Service and Additional Terms that apply to you so you are aware of the current rights and obligations that apply to you.

3. Account & Security

You agree to provide accurate information when registering an account on the Platform (each, an “Account”). You are responsible for:

  • Maintaining the confidentiality of your Account credentials
  • All activities that occur under your Account
  • Notifying us immediately of any unauthorized access to your Account
  • Ensuring your connected third-party accounts (Instagram, Spotify, Shopify, etc.) are properly authorized

We reserve the right to immediately terminate your Account at our sole discretion and without prior notice to you including, for example, if you violate the Terms of Service. Accounts terminated by us for any type of abuse, including, without limitation, a violation of these Terms of Service, may not be reactivated. Upon termination of your Account, your Subscription (defined below) will also be terminated.

4. Messaging and Legal Compliance

You are solely responsible for complying with all applicable laws, rules, regulations, or third-party platform policies regarding email, SMS, Instagram DM, or other communications made using the Platform. These include, but are not limited to:

  • The Telephone Consumer Protection Act (TCPA): Requires prior express consent for automated SMS and the provision of an opt-out mechanism within SMS messages
  • The CAN-SPAM Act: Requires conspicuous (i.e., not hidden) opt-out mechanisms for commercial email
  • The General Data Protection Regulation (GDPR): Requires affirmative opt-in consent to receive email communications and a lawful basis for processing EU resident data
  • The California Consumer Privacy Act (CCPA/CPRA): Requires disclosure of data collection practices and opt-out rights for California residents
  • Instagram Platform Policies: Requires compliance with Meta's terms for messaging automation

You must:

  • Obtain proper consent before sending any marketing communications
  • Honor all opt-out/unsubscribe requests promptly
  • Include required disclosures in your messages
  • Not send messages to purchased or rented lists
  • Not send spam, misleading, or fraudulent content

Fanaura, Inc. does not provide legal advice and expressly disclaims all liability for how you use the messaging and/or communication tools within the Platform. You agree to indemnify and hold Fanaura, Inc. harmless from any legal claims, liabilities, actions, or demands arising from your use of messaging and/or other communication features made accessible to you via the Platform.

5. Pricing and Payments

In order to use most aspects of the Platform, a user is required to purchase a monthly subscription (each, a “Subscription”) via the Platform.

In connection with your purchase of a Subscription, and as further described in our Privacy Policy, you will be asked to supply Shopify Inc. (“Shopify”) with certain information relevant to your transaction, including, without limitation, your name, email address, information about your form of payment (i.e., credit card, payment card, or other payment method and the expiration date and security/CVV code, if applicable), the billing address associated with such form of payment, and other related information (collectively, “Transaction Information”). By providing Fanaura with any Transaction Information, you represent and warrant that you have the legal right to use any credit cards or payment cards or other payment methods utilized in connection with any purchases you make through the Platform and to provide Fanaura and/or Shopify with all related Transaction Information.

When you purchase a Subscription, your method of payment will continue to be charged on a monthly basis until you cancel your Subscription. Your Subscription will automatically renew on a monthly-basis until you cancel such Subscription. To cancel a Subscription, you must log into your Account and follow the instructions provided. If you have any issues canceling your Subscription, please contact us at support@fanaura.com, and we will endeavor to assist you. If you cancel your Subscription, you will continue to have access to your Subscription benefits until the end of your then-current Subscription term, at which point your Subscription, and the benefits received in connection therewith, will expire. The Subscription will not be renewed when your then-current Subscription term expires.

You remain responsible for any uncollected amounts in connection with your Subscription. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your Subscription, we may suspend your access to the Subscription until we have successfully charged a valid method of payment. For some methods of payment, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your method of payment. Check with your method of payment service provider for details. Refunds are issued solely for accidental charges made by Fanaura and must be reported to Fanaura within 30 days of the applicable billing date.

Fanaura reserves the right to alter the Subscription fees, at any time, in its sole discretion. If Fanaura does alter the Subscription fees, we will provide you with 30 days' notice thereof, and your continued payment of the Subscription fees will indicate your acceptance thereof.

The current Subscription tiers, fees, and related features, are detailed on our Pricing page.

Overage Rates

  • Extra Emails: $1 per 1,000 emails ($0.001 per email)
  • Extra SMS: $10 per 1,000 SMS ($0.01 per text)

Shopify Sales Channel

The Fanaura sales channel for Shopify is included with your Fanaura subscription at no additional cost. Fanaura does not charge any commission, per-order fee, or transaction fee on sales made through the Fanaura sales channel. All revenue from purchases made through Fanaura smart links goes directly to the merchant's Shopify store. All payment processing is handled by Shopify according to the merchant's Shopify plan and payment provider terms. Fanaura's subscription fees are billed separately through Fanaura and are not connected to the merchant's Shopify billing.

6. User Conduct

You agree not to:

  • Violate any applicable law, including, without limitation, under U.S. federal, state, local, and foreign laws, regulations, rules, judicial or governmental orders or requests, legal process, and treaties (as may be amended from time to time, collectively, “Applicable Law”), or our rights or the rights of any other person, company, or other entity;
  • Upload viruses, malware, or malicious code;
  • Interfere with or disrupt the platform's security or functionality;
  • Attempt to gain unauthorized access to another user's data or account;
  • Use the platform to send unsolicited messages (spam);
  • Impersonate any person or entity;
  • Use automated tools to scrape or extract data;
  • Reverse engineer or decompile any part of the Service; and
  • Access, copy, reproduce, use, or create derivative works from any Content (defined below) available through the Platform, including for the training or development of machine learning, artificial intelligence, or similar technologies (including generative AI), whether for personal, commercial, or other purposes.

7. Intellectual Property; User Content

All content, software, trademarks, and branding on the Platform (collectively, “Content”) are owned by Fanaura, Inc. or their respective licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services solely for authorized business purposes.

User Content

The Platform contains interactive areas where users can submit or upload their own content, materials, information, text, data, copyrights, trademarks, designs, images, photos, music, screenshots, videos, and other intellectual property (collectively, “User Content”). You retain ownership to any and all of your own User Content and these Terms of Service do not deprive you or any holder of your or their rights therein and thereto.

When you do submit or provide User Content, such as a Posting (as defined below), you are giving us an unconditional, non-exclusive, royalty-free, transferable, sublicensable (through multiple tiers), worldwide, perpetual, and irrevocable right and license to use, display, reproduce, perform, adapt, translate, modify, publish, distribute, disseminate, and/or broadcast that User Content and create derivative works based thereupon, and you are representing and warranting to us you have all necessary rights, consents, and/or permissions to grant us such license. If you do not have the right (or if you are not certain whether you have the right) to license your User Content to us in accordance with the foregoing terms, do not submit or provide User Content to us. We make no representations that your User Content will remain available via the Platform in any way. We may remove your User Content at our sole discretion. YOU UNDERSTAND THAT ANY USER CONTENT THAT YOU POST FOR VIEWING ON THE PLATFORM IS MADE PUBLICLY AVAILABLE TO USERS OF THE PLATFORM, AND WE DO NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY SUCH USER CONTENT, NOR DOES IT GUARANTEE THAT YOUR INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS IN OR TO SUCH USER CONTENT WILL NOT BE INFRINGED OR MISAPPROPRIATED.

You may only use our Content and third-party User Content for your own personal use and you have no right to transfer, assign, or use any of the foregoing for any other purpose or allow or enable any other person, company, or entity to do so. Personal use excludes all commercial or charitable functions, whether or not money or other consideration is involved, whether or not it is for your benefit or for someone else. You may not use, display, reproduce, perform, adapt, translate, modify, publish, distribute, disseminate and/or broadcast, or create derivative works based upon, Content or User Content that is not yours without our express prior written consent. You may not alter, delete, or conceal copyright or other notices, even if we let you download, display, print, or share the Content or User Content with others. Unauthorized or prohibited use of Content or User Content may subject you to civil liability, criminal prosecution, or both under Applicable Law.

Postings

As stated above, the Platform may enable you to submit, provide, furnish, transmit, exchange, communicate, and/or display User Content (collectively, “Postings”). By Posting, you represent that you own or have the right to publish the Posting and you specifically agree your Posting shall not violate Applicable Law, these Terms of Service, or the rights of others. In addition, you are solely responsible and liable for any Postings made under your user ID, name, email address, password, and/or your Account. We reserve the right to remove, reject, or delete any User Content or Postings made to the Platform, but we assume no responsibility for doing so or monitoring Postings. We do not and cannot review all Postings made to the Platform and are not responsible for such Postings, regardless of whether at any time we choose in our sole discretion, to monitor or remove User Content or Postings on the Platform. Postings do not reflect our views and we do not represent or warrant the truthfulness, accuracy, or reliability of any Postings, nor do we endorse or support any opinions or ideas expressed in any Posting.

8. Procedures for Claimed Copyright Infringement

Digital Millennium Copyright Act

Fanaura respects the intellectual property rights of others and asks that you do the same. If you believe that your User Content or other copyrightable works or materials have been copied in a way that constitutes copyright infringement, in accordance with the U.S. Digital Millennium Copyright Act (as may be amended from time to time, the “DMCA”), you should provide the following information to Fanaura's registered agent, whose contact information is below: (i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material (i.e., third-party User Content) you claim is infringing is located on the Platform; (iv) your address, telephone number, and email address; (v) a statement that you have a good faith belief that the disputed use is not authorized by you (i.e., the copyright owner), your agent, or applicable law; and (vi) a statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf. Fanaura's designated agent for receiving notices of claimed copyright infringement under the DMCA may be contacted as follows:

Fanaura, Inc.

Attn: Copyright Agent

1030 16th Ave S, Floor 2

Nashville, TN 37212

United States of America

privacy@fanaura.com

Failure to include all the above information, especially specific information about where infringing content may be found, will result in a delay in the processing of your DMCA notification of claimed infringement and may result in you having to repeat some or all the above processes. If Fanaura receives notice of claimed copyright infringement in a manner that complies with the above requirements and the DMCA, Fanaura will respond expeditiously by removing, or disabling access to, the User Content that is claimed to be infringing, as described below, or to be the subject of infringing activity. Fanaura will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below. Fanaura may, at Fanaura's discretion, deny access to the Services by users who may have infringed the copyright(s) of others.

Counter-Notification

If your User Content was removed for copyright infringement pursuant to a notice of claimed infringement under the DMCA and you would like to dispute the removal, you may, pursuant to Section 512(g) of the DMCA, file a counter-notification by providing Fanaura's designated agent, at the email address set forth above, with a written communication that sets forth the items specified below. Please note that, under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that Fanaura enforces a policy that provides for the termination, in appropriate circumstances, of users who are infringers. Accordingly, if you are not sure whether certain User Content infringes your copyright or the copyrights of others, Fanaura suggests that you first contact an attorney. To expedite Fanaura's ability to process your counter-notification, Fanaura asks that you please do the following: (i) identify the specific URLs of (or other information sufficient to allow Fanaura to identify) the User Content that Fanaura has removed or to which Fanaura has disabled access; (ii) provide your full name, address, telephone number, and email address; (iii) provide a statement that you consent to the jurisdiction of the United States District Court for the judicial district in which your address is located, or if your address is located outside of the United States, for any judicial district in which Fanaura may be found, and that you will accept service of process from the person who provided notification to Fanaura's agent in accordance with the process outlined above or an agent of such person; (iv) include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;” and (v) sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address:

Fanaura, Inc.

Attn: Copyright Agent

1030 16th Ave S, Floor 2

Nashville, TN 37212

United States of America

privacy@fanaura.com

After Fanaura receives your counter-notification, Fanaura will forward it to the party who submitted the original notice of claimed copyright infringement. Please note that, when Fanaura forwards the counter-notification, it includes any of your personally identifiable information set forth in the counter-notification. By submitting a counter-notification, you consent to having such personally identifiable information revealed in this way. Fanaura will not forward the counter-notification to any party other than the original claimant. After Fanaura sends out the counter-notification, the claimant must then notify Fanaura within ten (10) days that they filed an action seeking a court order to restrain you from engaging in infringing activity relating to your User Content. If Fanaura receives such notification, Fanaura will be unable to restore the items. If Fanaura does not receive such notification, Fanaura may, but is not obligated to, reinstate the disputed item(s).

If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership of the copyrighted material that is subject to the notice of claimed infringement. Be aware that there may be adverse legal consequences in your country and/or the United States if you make a false or bad faith allegation by using this process. Please also be advised that Fanaura enforces a policy that provides for the termination in appropriate circumstances of access privileges for users who are infringers. If you are not sure whether User Content posted by you is being infringed, or if you are otherwise unsure of whether to file a counter-notification using these procedures, Fanaura strongly recommends that you first contact a lawyer knowledgeable in the copyright laws of the United States. If you do wish to file a counter-notice, then you should follow the process for counter-notifications set forth above. FANAURA IS NOT YOUR ATTORNEY, AND THE INFORMATION FANAURA PRESENTS HERE IS NOT LEGAL ADVICE. FANAURA PRESENTS THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY. YOU SHOULD CONSULT WITH YOUR OWN ATTORNEYS REGARDING ANY DMCA ACTIONS.

9. Third-Party Integrations

Our platform integrates with third-party services including Instagram, Spotify, Shopify, and others. Your use of these integrations is subject to:

  • These Terms of Service
  • The respective third-party's terms and policies
  • Proper authorization from the third-party Account owner

WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY, ACCURACY, OR POLICIES OF THIRD-PARTY SERVICES, AND WE EXPRESSLY DISCLAIM ALL LIABILITY THAT MAY ARISE IN CONNECTION WITH YOUR USE OF SUCH THIRD-PARTY SERVICES.

A. Shopify Integration

When you install the Fanaura sales channel on your Shopify store, the following terms apply in addition to any other applicable terms:

  • Data Access: Fanaura accesses your product catalog, inventory levels, and order data attributed to the Fanaura sales channel through Shopify's APIs. We use this data solely to power your Fanaura smart links, provide fan engagement analytics, and enable cross-platform audience insights. We also access customer data from Fanaura-attributed orders (name, email, phone, and geographic location) to match customers with existing fan profiles and provide unified audience analytics. See our Privacy Policy Section 12 for full details.
  • Data Processing Role: You (the merchant) are the data controller for your customers' personal data. Fanaura acts as a data processor on your behalf. You are responsible for ensuring that your use of Fanaura's features (including marketing automation) complies with applicable privacy laws and that you have obtained any necessary consent from your customers.
  • Product Publishing: You control which products are published to the Fanaura sales channel through Shopify's native product management interface. Fanaura does not modify your product data, pricing, inventory, or any store settings.
  • Checkout and Payments: All purchases made through Fanaura smart links are processed through Shopify's checkout. Fanaura does not handle, process, or store any payment card information. All revenue from sales goes directly to your Shopify store.
  • Commission and Fees: Fanaura does not charge any commission, per-order fee, or transaction fee on sales made through the Fanaura sales channel. The sales channel is included with your Fanaura subscription. Fanaura's subscription plans are billed separately and are not connected to your Shopify billing.
  • Fan Data Matching: Customer data from Fanaura-attributed orders (name, email, phone, location) is matched against existing fan profiles in your Account. This matching is done solely to provide you with a unified view of your fans across music, merchandise, and tour engagement. Customer data from one merchant is never shared with or visible to another merchant.
  • Marketing Automation: You may use customer data from Shopify orders in Fanaura's email and SMS marketing automation features, provided that: you have obtained appropriate consent from your customers for such communications; you comply with all applicable laws including TCPA, CAN-SPAM, and GDPR; you honor all opt-out and unsubscribe requests; Fanaura is not responsible for your compliance with these laws.
  • Disconnection: You may disconnect the Fanaura sales channel at any time from within the app or by uninstalling it from your Shopify admin. Upon disconnection: your products are immediately hidden from Fanaura smart links; your Shopify access token is revoked; product data is retained for analytics purposes but can be fully deleted upon request.
  • Uninstallation and Data Deletion: If you uninstall the Fanaura app from your Shopify store, we delete the store connection immediately. All associated data (store records, synced products, customer data from orders) will be deleted in accordance with Shopify's GDPR requirements upon receiving the shop/redact webhook, or within 30 days upon your request to privacy@fanaura.com.
  • Compliance: Fanaura complies with the Shopify API License and Terms of Use, the Shopify Partner Program Agreement, Shopify's protected customer data requirements, and all applicable Shopify App Store requirements. We handle all mandatory GDPR webhooks (customer data requests, customer data erasure, and shop data erasure) as required by Shopify.

10. Termination

We may suspend or terminate your access for:

  • Violations of these Terms of Service
  • Nonpayment of your Subscription fee
  • Fraudulent or illegal activity
  • Abuse of messaging features
  • Violation of third-party platform policies

As noted above, you may cancel your subscription at any time through your Account settings. Upon termination:

  • Access to the platform will be revoked
  • Data may be retained for 30 days for potential reactivation
  • Data will be deleted upon request per our Privacy Policy

11. Disclaimers and Limitations of Liability

ALTHOUGH WE MAY UPDATE THE CONTENT ON THE PLATFORM FROM TIME TO TIME, PLEASE NOTE THAT SOME OF THE INFORMATION MAY BE OUT OF DATE AND/OR MAY CONTAIN ERRORS OR INACCURACIES. YOU RELY ON THE INFORMATION CONTAINED ON THE PLATFORM AT YOUR OWN RISK. THE SERVICES AND THE PLATFORM ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT ALL OR ANY PART OF THE PLATFORM WILL BE AVAILABLE FOR USE, PERFORM AS DESCRIBED, OR THAT THE PLATFORM AND THE CONTENT ARE ACCURATE, TIMELY, COMPLETE, OR ERROR-FREE AND YOU SHOULD NOT RELY ON THE PLATFORM OR ANY CONTENT FOR ANY DECISIONS OR ACTIONS YOU MAY OR MAY NOT CHOOSE TO MAKE OR TAKE. NEITHER FANAURA NOR ANY OF OUR PARTNERS OR OTHER INDEMNITEES ARE RESPONSIBLE NOR LIABLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, LOSS OF DATA, OR INABILITY TO ACCESS OR USE THE SERVICE OR THE CONTENT, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE MECHANISMS TO PROTECT AND SECURE YOUR EQUIPMENT, PROGRAMS, AND INFORMATION BECAUSE YOU ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF THE PLATFORM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM, FOR OURSELVES AND ON BEHALF OF OUR OTHER INDEMNITEES, ALL LIABILITY FOR LOSS, DAMAGE, COST, AND/OR EXPENSE OF ANY KIND IN CONNECTION WITH OR ARISING FROM USE OF THE PLATFORM, OR FROM THESE TERMS OF SERVICE, INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS ON CERTAIN DAMAGES SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU UNDER APPLICABLE LAW. IF ANY LIMITATION OR EXCLUSION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY APPLICABLE LAW, FANAURA AND OUR PARTNERS AND OTHER INDEMNITEES SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED; PROVIDED, HOWEVER, IN NO EVENT SHALL FANAURA'S AND/OR OUR OTHER INDEMNITEES' TOTAL LIABILITY TO YOU EXCEED TO THE TOTAL SUBSCRIPTION FEE AMOUNT PAID BY YOU TO US IN THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Fanaura, Inc., its affiliates, officers, directors, employees, and agents from any claim, loss, liability, or damage (including attorneys' fees) resulting from:

  • Your use or misuse of the Services;
  • Your breach or violation, or allegation which if true would constitute a breach or violation, of any representation, warranty, covenant, or obligation contained in these Terms of Service or any Additional Terms;
  • Your violation of any Applicable Law or third-party rights;
  • Your messaging campaigns and their compliance with Applicable Law;
  • User Content you upload or distribute through the platform;
  • Your use or misuse of customer data obtained through the Shopify integration; and
  • Any unauthorized use, or allegation which if true would constitute an unauthorized use, of your Account.

13. Governing Law

These Terms of Service shall be construed and enforced under the laws of the State of New York applicable to parties residing in and contracts made, executed, and wholly performed within the State of New York. The Uniform Computer Information Transactions Act does not apply to these Terms of Service. With respect to the resolution of any dispute or controversy arising out of these Terms of Service or your use of the Platform, you specifically agree and submit to the exclusive jurisdiction of the Federal and State courts situated in the County of New York in the State of New York, and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum, or otherwise, and YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING COMMENCED WITH RESPECT THERETO.

14. Waivers of Certain Legal Rights

You agree that you will only sue Fanaura as an individual, and that you will not file a class action or participate in a class action against Fanaura.

No claim or action relating in any way to this Terms of Service, the Privacy Policy, Additional Terms, the Platform, the Services, the Content, or otherwise with respect to the subject matter hereof, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose). Otherwise, such cause of action is permanently barred.

15. Severability

If any provision of these Terms of Service is found unenforceable, the remaining provisions will continue in effect.

16. Entire Agreement

These Terms of Service, along with any Additional Terms, constitute the entire agreement between you and Fanaura, Inc. and supersede any prior agreements related to the Services.

17. Assignment

We may assign, delegate, subcontract, or transfer our rights, obligations, and/or duties under these Terms of Service or any of the Additional Terms to any party at any time without notice to you. You may not assign, delegate, subcontract, or transfer any of your rights, obligations, or duties under these Terms of Service or any of the Additional Terms to anyone else.

18. Contact

© 2026 Fanaura, Inc. All rights reserved.