Terms of Service

1. Acceptance of Terms

By accessing or using FanFad ("the Service"), operated at fanfad.com, you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you must not access or use the Service. We reserve the right to modify these Terms at any time. Continued use of the Service after changes constitutes acceptance of the updated Terms.

2. Description of Service

FanFad is a fandom momentum intelligence platform that tracks cultural acceleration across the internet. The Service provides:

• Real-time fandom momentum scores (FanFad Scores)
• Trending indexes and category leaderboards
• Comparison tools for analyzing fandom trajectories
• Heat maps showing geographic fandom activity
• Historical momentum data and analytics (for paid tiers)
• API access (for Enterprise tier users)

FanFad aggregates and analyzes publicly available data from across the internet to produce its analytics. We do not host user-generated fan content, forums, or social networking features.

3. Account Terms

3.1 Account Creation

To access certain features of FanFad, you may need to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activity under your account
• Notify us immediately of any unauthorized use of your account

3.2 Account Eligibility

You must be at least 13 years of age to create an account. If you are between 13 and 18, you must have permission from a parent or legal guardian to use the Service. By creating an account, you represent that you meet these requirements.

3.3 Account Termination

You may close your account at any time through your account settings or by contacting us. We reserve the right to suspend or terminate accounts that violate these Terms, with or without notice. Upon termination, your right to use the Service ceases immediately.

4. Acceptable Use

You agree to use FanFad only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to any part of the Service, other accounts, or systems connected to the Service
• Use automated tools, bots, scrapers, or other software to access, extract, or download data from the Service without our express written permission
• Reverse engineer, decompile, or disassemble any part of the Service
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature
• Use the Service to harass, abuse, or harm another person or entity
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
• Use FanFad data to create a competing service or product without a valid Enterprise license and written agreement

5. Subscriptions and Payments

5.1 Free and Paid Plans

FanFad offers a free tier with limited features and paid subscription plans (Premium, Brand & Studio) with additional capabilities. Plan details and pricing are described on our Pricing page.

5.2 Billing

Paid subscriptions are billed in advance on a monthly or annual basis, depending on your selected billing cycle. By subscribing to a paid plan, you authorize FanFad to charge your payment method at the then-current rate for your selected plan.

5.3 Cancellation and Refunds

You may cancel your paid subscription at any time. Upon cancellation, you will retain access to paid features until the end of your current billing period. We do not provide prorated refunds for partial billing periods unless required by applicable law.

5.4 Price Changes

We reserve the right to change our pricing at any time. If we change pricing for your current plan, we will provide at least 30 days' notice before the new pricing takes effect. Continued use of the paid Service after a price change constitutes acceptance of the new pricing.

6. Intellectual Property

6.1 FanFad Content

The Service, including its original content, features, functionality, design, code, FanFad Scores, analytics, methodology, and branding are and will remain the exclusive property of FanFad and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws.

6.2 FanFad Score and Data

The FanFad Score, momentum metrics, lifecycle classifications, and other proprietary analytics are the intellectual property of FanFad. You may reference FanFad Scores in personal or editorial contexts with proper attribution. Bulk reproduction, redistribution, or commercial reuse of FanFad data requires a valid Enterprise license.

6.3 Trademarks

"FanFad," the FanFad logo, "Cultural Acceleration Radar," "FanFad Score," and related marks are trademarks of FanFad. You may not use these marks without our prior written permission, except as required for fair use or nominative use.

6.4 Third-Party Content

FanFad may display or reference names, images, or data related to third-party entities (TV shows, musicians, athletes, etc.) for informational and analytical purposes. These remain the property of their respective owners. FanFad does not claim ownership of third-party intellectual property.

7. API Terms

If you access FanFad data through our API (available on the Brand & Studio plan), you additionally agree to:

• Comply with all rate limits and usage guidelines provided in our API documentation
• Not use the API to build a substantially similar or competing product
• Include appropriate attribution when displaying FanFad data publicly
• Keep your API keys secure and not share them with unauthorized parties
• Not circumvent or attempt to circumvent API rate limits or access controls

We reserve the right to throttle, suspend, or revoke API access for any account that violates these terms or exceeds reasonable usage limits.

8. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

FanFad does not warrant that:

• The Service will function uninterrupted, secure, or available at any particular time or location
• Any errors or defects will be corrected
• The results or data provided by the Service will be accurate, complete, or reliable
• The quality of any information obtained through the Service will meet your expectations

FanFad Scores and analytics are based on publicly available data and proprietary algorithms. They represent our best estimate of fandom momentum but should not be treated as definitive predictions. You acknowledge that fandom dynamics are inherently unpredictable and use FanFad data at your own discretion.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FANFAD, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content
• Business decisions made based on FanFad data or analytics

IN NO EVENT SHALL FANFAD'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE EXCEED THE AMOUNT YOU HAVE PAID TO FANFAD IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

10. Indemnification

You agree to defend, indemnify, and hold harmless FanFad and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law provisions. Any disputes arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with applicable arbitration rules.

You agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action.

12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FanFad regarding the Service and supersede all prior agreements and understandings.

12.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

12.3 Waiver

The failure of FanFad to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

12.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. FanFad may assign these Terms without restriction.

12.5 Force Majeure

FanFad shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, internet disruptions, or government actions.

13. Changes to These Terms

We reserve the right to modify or replace these Terms at any time. When we make material changes, we will:

• Update the "Last updated" date at the top of this page
• Post a prominent notice on our website
• Provide at least 30 days' notice for material changes affecting paid users

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms.

14. Contact Us

If you have any questions about these Terms of Service, please contact us:

• Email: legal@fanfad.com
• Website: fanfad.com/contact