Terms of service

Fanzoo Terms of Service
Updated: January 1, 2025

A. The Terms

1. Acceptance of Terms

Welcome to Fanzoo (“Service” or “Site”), owned and operated by Fanzoo, Inc. (“Fanzoo”). By registering for an account or using this Site in any way, you agree to comply with and be bound by these Terms of Service (“Agreement” or “Terms”), the Privacy Policy (collectively, “Terms”), and all rules, policies, and disclaimers posted on the Site or about which you are notified. Review these Terms carefully before using the Site.

By using the Site, you:

  1. Agree to be bound by these Terms,
  2. Represent that you are over the age of thirteen (13) and capable of forming legally binding contracts,
  3. Acknowledge that you receive a benefit from using the Service that cannot be disgorged,
  4. Acknowledge that the Service is subject to U.S. export controls and agree to comply with those controls, and
  5. Represent that you are neither located in a sanctioned country nor a prohibited person under U.S. export controls.

IMPORTANT: THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION GOVERNING DISPUTES BETWEEN YOU AND FANZOO. THIS PROVISION WILL REQUIRE YOU TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS AND WILL PREVENT YOU FROM BRINGING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
PLEASE READ THE “DISPUTE RESOLUTION” SECTION BELOW CAREFULLY. IF YOU DO NOT ACCEPT THESE ARBITRATION TERMS, YOU MAY NOT USE THE SITE.

THESE TERMS ALSO CONTAIN YOUR CONSENT THAT WE MAY CONTACT YOU USING THE TELEPHONE NUMBERS YOU PROVIDE, INCLUDING VIA AUTOMATED DIALING OR TEXTING SYSTEMS (SEE SECTION A.4 BELOW).

2. Definitions

  • “User,” “you,” and “your” refer to the individual or entity creating a Fanzoo account, whether as a Fan or as an Athlete.
  • “Fanzoo,” “we,” “us,” or “our” refer to Fanzoo, Inc.
  • “Fan” refers to the person who requests or purchases interactions on the Site.
  • “Athlete” refers to the person who provides interactions, such as calls, video calls, in-person meetings, or other engagements on the Site.

3. Communications and Right to Modify Terms

Electronic Communications. By visiting Fanzoo, you consent to receive communications from us electronically (e.g., email, text messages, phone calls, video calls, and push notifications) or by notices posted on the Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement for written communication. You agree to keep your email address and other contact information current in your Fanzoo account.

Modifications to Terms. Fanzoo may change any of these Terms at any time by posting the revised Terms on the Site. Changes are effective upon posting. However, changes that Fanzoo, at its sole discretion, deems material will be effective for existing Users no sooner than thirty (30) days after notice is given to you by email (from a @fanzoo.com email address), or by other conspicuous posting on the Site or app. If you affirmatively agree to the new terms (e.g., via a click-through), the new terms will be effective immediately. Your continued use of the Site after the effective date of any changes constitutes your acceptance of those changes. If you do not agree to the changes, you must discontinue using the Site and close your account. The most current version of these Terms will be available on the Site at all times.

4. Telephone Consumer Protection Act Disclosure

Communications from Fanzoo—its agents, representatives, affiliates, or business partners—may include but are not limited to:

  • Operational communications about your account or use of the Site or app,
  • Updates regarding new or existing features,
  • Marketing information and promotions by us or our partners,
  • News regarding Fanzoo.

By entering your telephone number on Fanzoo’s website or app, you expressly agree to receive such communications (including calls, SMS or text messages, phone calls, video calls, and push notifications), possibly through automated or prerecorded voice systems. Standard message, data, and other fees may apply.

Opting Out of Promotional Communications

  • Email: You may unsubscribe from promotional emails by following the “unsubscribe” instructions in those emails.
  • Text Messages / Calls: You may opt out of marketing or promotional calls or texts by replying “STOP” to the number that messaged you. You acknowledge that opting out of all texts or calls (including operational or transactional communications) may impact your use of the Site.
  • For further information about data usage, see our Privacy Policy.

B. The Website

5. Fanzoo as a Venue; Third-Party Content

Fanzoo is an online venue facilitating the purchase of time and interactions between Fans and Athletes, who are independent contractors using the Site to sell or provide their services. These services can include calls, video chats, or in-person interactions. Fanzoo does not provide or sell the services on its own behalf; rather, it serves to connect Athletes and Fans.

  1. User-Generated Content: Athletes and Fans (collectively, “Users”) provide the content in their calls, posts, profiles, etc. Fanzoo does not edit, modify, filter, screen, or guarantee the content of any interaction.
  2. Interactions: Athletes decide which requests to accept, and Fanzoo is not responsible if an Athlete or Fan fails to complete an agreed-upon interaction.
  3. Right to Remove Content: Fanzoo reserves the right (but is not obligated) to remove any content or User from the Site at its discretion.

Emergency Situations: Fanzoo is not an emergency response service. If you are experiencing a critical situation (e.g., medical, mental health, or any emergency), immediately seek in-person professional help (e.g., call 911 in the U.S.) instead of using Fanzoo.

6. Posts Are Not Private or Confidential

When you submit information—such as calls, video calls, text messages, posts, testimonials—on the Site (“Posts”), it is not private or confidential. Such Posts may be visible to other Users, and search engines may index them. If you wish to keep a conversation private (e.g., one-on-one calls), Fanzoo may provide a mechanism to do so, but you must request it. However, no guarantee is made regarding the confidentiality of any information shared on the Site or app.

7. Verification; No Guarantee of Expertise

While Fanzoo may take steps to verify certain credentials of Athletes (for example, verifying an athlete is on a particular sports team or verifying relevant personal achievements), Fanzoo makes no representations or warranties about the accuracy of these verifications. Fanzoo does not guarantee that any Athlete has any specific skill or professional background and is not liable for false or misleading statements.
Users should exercise caution and common sense in relying on or acting upon any information or interactions provided through the Site.

8. Information Not Advice; No Professional-Client Relationship

Any content provided by an Athlete is intended solely for general information or entertainment. Athletes are not providing you with formal advice, nor should you consider interactions on Fanzoo a substitute for in-person evaluation or professional advice. For example, if an Athlete happens to be a trainer, their guidance on Fanzoo is not intended to replace professional consultation.
No athlete-fan relationship formed on the Site equates to a professional-client relationship in a legal, medical, financial, or similarly regulated context. Communications on the Site are not confidential and do not include procedures typical of in-person, professional evaluations.

C. User Accounts

9. User Accounts; Restricted Activities; Suspension or Termination

  1. User Accounts
    • When you register on Fanzoo, you create credentials to access your account. You are solely responsible for maintaining the confidentiality of your account credentials.
    • You must not share your account with others. You will be responsible for all activities under your account, and you must immediately notify Fanzoo if you suspect any unauthorized use.
    • You may only create one account. If your account is suspended or terminated, you may not create another account without Fanzoo’s permission.
  2. Accuracy of Information
    • You agree to keep all contact and billing information accurate and current, including your email address.
    • You agree to comply with all billing procedures and pay any fees that accrue under your account.
  3. Bound by Representatives
    • If you authorize someone to act on your behalf on the Site, you are responsible for their actions. You must protect your login information from disclosure to any unauthorized person.
  4. Restricted Activities
     You agree not to submit any content or use the Site in a way that:


    • Is fraudulent, misleading, or inaccurate,
    • Violates the proprietary or privacy rights of third parties,
    • Violates any law, regulation, or ethical code,
    • Is defamatory, harassing, threatening, or hateful,
    • Contains pornography or is harmful to minors,
    • Contains viruses or other malicious code,
    • Could create liability for Fanzoo or damage Fanzoo’s relationships with its suppliers,
    • Resells or commercially exploits the Site without Fanzoo’s prior written consent.
  5. Suspension or Termination
    • Fans or Athletes can terminate their accounts by contacting support@fanzoo.com. Termination typically becomes effective within thirty (30) business days.
    • Fanzoo may suspend or terminate any account at any time, for any reason or no reason, with or without notice.
    • Upon termination, you lose access to your account. Fanzoo is not liable for any loss of content or data resulting from account termination.
  6. Mobile Applications
    • If you use any Fanzoo mobile app, you agree to the terms specific to that app.
    • Apple, Google, or Microsoft may be third-party beneficiaries to this Agreement if you access the Fanzoo app through their stores or devices.

10. Charges, Ratings, Refunds, and Cancellation

  1. Payment Models
     Fanzoo may offer different payment models, such as:


    • Pay-Per-Call (or Video Call / In-Person Meeting): You select an Athlete and pay a fee. Payment may be processed immediately when requested, when the interaction with the Athlete is Approved, when it’s scheduled, or after completed.
    • Membership Model: Fanzoo may offer subscriptions that allow multiple interactions per month for a recurring fee. These terms are subject to the specifics of the membership plan.
    • Additional Services: Special or custom services may be offered separately.
  2. Ratings
    • After an interaction with an Athlete, you may be asked to rate the experience. Fanzoo may use these ratings to improve service quality or to resolve disputes.
    • If an Athlete requests more information to better assist you, providing additional details may enhance your experience.
  3. No Guarantee of Athlete Response
    • Fanzoo cannot guarantee that an Athlete will respond to your request. If an Athlete does not respond at all, Fanzoo may retain a small portion of any fee you’ve paid to cover platform costs.
  4. Refunds and Cancellations
    • Membership Fees are generally nonrefundable. If you cancel mid-billing cycle, you may continue to use the membership until it ends, but no prorated refund is offered.
    • If you need to cancel a membership, contact support@fanzoo.com or log in to your account to manage subscriptions.
    • Fanzoo may, at its discretion, offer special promotions or credits. Such credits remain Fanzoo’s property and typically expire after 30 days if unused.
    • Fanzoo reserves the right to resolve any payment or refund disputes at its sole discretion, including offering refunds to settle User issues.
  5. Charitable Donations
    • Athletes may elect to donate part or all of their proceeds to a charity of their choice. Fanzoo is not responsible for such donations beyond the normal payment process.

11. Receipt of Special Offers and Other Communications

By accepting these Terms, you agree to receive special offers, promotions, and other communications from Fanzoo per our Privacy Policy. You can manage these preferences in your account settings.

D. Legal Statements

12. Release

You acknowledge and agree that Fanzoo is not responsible for the actions or omissions of any User, including Athletes and Fans. If a dispute arises between Users, Fanzoo is not obliged to become involved. By using the Site, you release Fanzoo from any claims or liability related to disputes with other Users.

13. Confidentiality and Intellectual Property

  1. Ownership: Fanzoo and its licensors own the rights to the Site, its features, software, and content (excluding User Posts).
  2. No Reverse Engineering: You agree not to reverse engineer, decompile, or otherwise misuse Fanzoo’s technology.
  3. Content License:
    • User-generated content (“Posts”) is not confidential or proprietary once posted on the Site.
    • By posting content, you grant Fanzoo a perpetual, irrevocable, worldwide, royalty-free, sublicensable right to use, reproduce, display, and create derivative works of that content in any media.
  4. Prohibited Use:
    • You agree not to use any automated methods to access or use the Site for any purpose not authorized by Fanzoo.
    • You agree not to circumvent any technological measures or security features of Fanzoo.
  5. User Content:
    • Ideas, comments, or suggestions you provide to Fanzoo may be used by Fanzoo without any obligation to compensate you.
    • Do not post category names or brand names you want to reserve exclusively for yourself, since Fanzoo may use or register them.

14. No Endorsement of Third Parties; No Agency Relationship

  1. Third-Party Links: Fanzoo may display links to third-party websites or services. Fanzoo does not endorse and is not responsible for these sites or services.
  2. No Agency: No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms between you and Fanzoo. You acknowledge that you are solely responsible for your interactions with other Users and third parties.

15. Information Control and Storage

You acknowledge that Fanzoo does not control the information provided by Users. You may find content that is offensive or inaccurate, and you assume all associated risks. Fanzoo also limits storage space and is not liable for deleted or missing content.

16. Exclusion of Warranties

FANZOO PROVIDES THE SITE, APPS, AND SERVICES “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. FANZOO DOES NOT WARRANT THAT THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FANZOO MAKES NO WARRANTY ABOUT THE SUITABILITY, RELIABILITY, OR AVAILABILITY OF THE SITE OR THE CONTENT, INCLUDING USER-GENERATED CONTENT OR LINKS TO THIRD-PARTY WEBSITES.

17. Limitation of Liabilities

TO THE FULLEST EXTENT PERMITTED BY LAW, FANZOO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF FANZOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FANZOO’S TOTAL LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO FANZOO IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY OR (B) US $100.

18. Indemnification

You agree to indemnify, defend, and hold harmless Fanzoo, its parent, subsidiaries, affiliates, officers, directors, shareholders, employees, and agents from any claims, costs, losses, damages, judgments, tax assessments, penalties, and expenses, including attorney fees, that arise from or relate to your misuse of the Site, violation of these Terms, or your violation of any law or the rights of a third party.

19. Press Releases and Third-Party Press

Any press releases or third-party press about Fanzoo are provided for informational purposes only. Fanzoo does not guarantee their accuracy and disclaims any duty to update them.

20. Choice of Law

Except as stated in Section 21 (Dispute Resolution), any claims arising out of these Terms or your use of the Site will be governed by and interpreted under the laws of the State of Idaho, without regard to conflict-of-law provisions.

21. Dispute Resolution

  1. Informal Resolution
    • If you have a dispute with Fanzoo, you must send written notice to support@fanzoo.com or Fanzoo, Inc., <ADDRESS HERE>, describing the facts of the dispute and the requested relief.
    • Fanzoo will respond within thirty (30) days, after which you have fifteen (15) days to reply.
    • Both parties will attempt to resolve the matter informally during this period.
  2. Mediation (Optional)
    • If the dispute is not resolved informally, either party may propose mediation by filing a request with the American Arbitration Association (“AAA”). Both parties must consent to mediate. Costs of mediation will be split equally.
  3. Arbitration
    • If mediation is not undertaken or successful, all disputes arising out of or relating to these Terms, your use of the Site, or any agreement between you and Fanzoo shall be resolved by final and binding arbitration.
    • You acknowledge that the Federal Arbitration Act (FAA) governs the interpretation and enforcement of this provision.
    • No Class Actions: You agree to conduct any claim on an individual basis and waive the right to participate in a class, collective, or representative action.
    • Location and Rules: The arbitration will be conducted in San Francisco, California, under the AAA Consumer Arbitration Rules unless otherwise agreed.
    • The arbitrator’s decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.
  4. Survival and Waiver of Jury Trial
    • This arbitration agreement survives the termination of your relationship with Fanzoo.
    • You understand that you are waiving your right to a jury trial.

22. Agreement; Assignment; Miscellaneous

These Terms constitute the entire agreement between you and Fanzoo concerning your use of the Site. They supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written. If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect.

Fanzoo may assign these Terms at its discretion. You may not assign these Terms without Fanzoo’s prior written consent. No waiver by Fanzoo of any breach or default under these Terms will be deemed a waiver of any subsequent breach or default. Headings in these Terms are for convenience only.

Sections that by their nature should survive any termination or expiration of these Terms (e.g., limitation of liability, indemnification, dispute resolution) will survive.

E. Additional Services

Fanzoo may from time to time offer additional or specialized services or features outside the standard Site usage (“Additional Services”). You acknowledge that Fanzoo’s role is solely to connect Fans and Athletes, and Fanzoo does not itself provide any training, sporting, fitness, or other professional advice. Any arrangement or contract for Additional Services is between you and the Athlete.

23. In-Person Interactions

If an Athlete offers in-person interactions, you acknowledge:

  • Fanzoo is not responsible for the actions or omissions of either party in an in-person interaction.
  • You assume all risks associated with meeting another individual.
  • Fanzoo may require certain verification or safety measures, but does not guarantee any outcome, nor does it supervise or control such interactions.

How to Contact Us

If you have any questions, concerns, or suggestions regarding these Terms of Service, contact us at:

Fanzoo, Inc.

support@fanzoo.com

Use of the Site signifies your acceptance of these Terms.

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