Terms of Service

1. Acceptance of Terms

By accessing or using the FanX platform ("Service"), you 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 authority to bind that organization to these Terms.

2. Description of Service

FanX provides a cloud-based fan engagement platform that enables organizations to create interactive campaigns, manage fan databases, deliver gamified experiences, distribute prizes, and analyze engagement metrics. The Service includes the web application, API, and all related tools and documentation.

3. Accounts & Registration

• You must provide accurate and complete registration information.
• You are responsible for maintaining the confidentiality of your account credentials.
• You must notify us immediately of any unauthorized use of your account.
• Each user account is for a single individual and may not be shared.
• You are responsible for all activity under your account.

4. Permitted Use

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

• Use the Service to send unsolicited communications or spam.
• Upload malicious code, viruses, or harmful content.
• Attempt to gain unauthorized access to our systems or other users' accounts.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Use the Service to collect data in violation of applicable privacy laws.
• Resell or redistribute the Service without our written consent.
• Interfere with or disrupt the integrity or performance of the Service.

5. Customer Data

You retain all rights to the data you submit to the Service ("Customer Data"), including fan profiles, campaign configurations, and engagement records. You grant FanX a limited license to process Customer Data solely to provide and improve the Service.

You are responsible for ensuring that your collection and use of fan data through the Service complies with applicable privacy laws, including obtaining necessary consents.

6. Intellectual Property

The Service, including its design, code, features, documentation, and branding, is owned by FanX and protected by intellectual property laws. These Terms do not grant you any rights to our trademarks, logos, or brand assets. Campaign content you create using the Service remains your property.

7. API Usage

Access to the FanX API is subject to rate limits and usage policies. API keys are confidential and must not be shared or exposed in client-side code. We reserve the right to suspend API access if usage patterns indicate abuse or pose a risk to platform stability.

8. Integrations

The Service supports integrations with third-party platforms (e.g., HubSpot, Salesforce, Mailchimp, Twilio, Google Analytics). Your use of these integrations is subject to the respective third party's terms of service. FanX is not responsible for the availability, accuracy, or practices of third-party services.

9. Prize & Coupon Distribution

You are solely responsible for the prizes and coupons offered through campaigns you create. This includes ensuring prize availability, coupon validity, and compliance with applicable contest and promotion laws in your jurisdiction.

10. Fees & Payment

Fees for the Service are set out in your subscription agreement or order form. All fees are non-refundable except as required by law. We may adjust pricing with 30 days' notice before your next renewal period.

11. Service Availability & Support

We target 99.9% uptime for the Service but do not guarantee uninterrupted access. Scheduled maintenance windows will be communicated in advance. Support is available during business hours via email, with priority support available on enterprise plans.

12. Suspension & Termination

We may suspend or terminate your access to the Service if you breach these Terms, pose a security risk, or fail to pay applicable fees. Upon termination, you may request an export of your Customer Data within 30 days. After that period, we may delete your data.

13. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

14. Limitation of Liability

To the maximum extent permitted by law, FanX's aggregate liability for any claims arising from or related to the Service shall not exceed the fees paid by you in the 12 months preceding the claim. FanX shall not be liable for indirect, incidental, consequential, or punitive damages.

15. Indemnification

You agree to indemnify and hold FanX harmless from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, or your infringement of any third party's rights.

16. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes shall be resolved in the courts of New South Wales, unless otherwise agreed in your enterprise agreement.

17. Changes to Terms

We may modify these Terms at any time. We will provide at least 30 days' notice of material changes. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

18. Contact

For questions about these Terms, contact us at:
Email: contactREMOVE@fanx.tech
Address: FanX, Level 18, 101 Grafton Street, Bondi Junction, 2022, Sydney, NSW