Terms of Service

1. Services Provided

Fanaura provides a 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. Fanaura also operates a Shopify sales channel that enables merchants to sell merchandise through Fanaura smart links, with orders processed through Shopify's checkout.

2. Eligibility

You must be at least 18 years old and capable of entering a binding contract to use the Services. By using our Services, you represent that you meet these requirements.

3. Account & Security

You agree to provide accurate information when registering. 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
• Ensuring your connected third-party accounts (Instagram, Spotify, Shopify, etc.) are properly authorized

4. Messaging and Legal Compliance

You are solely responsible for complying with all applicable laws regarding email, SMS, Instagram DM, or other communications made using our platform. These include, but are not limited to:

• The Telephone Consumer Protection Act (TCPA) — Requires express written consent for automated SMS
• The CAN-SPAM Act — Requires opt-out mechanisms for commercial email
• The General Data Protection Regulation (GDPR) — Requires lawful basis for processing EU resident data
• The California Consumer Privacy Act (CCPA/CPRA) — Requires disclosure 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 is not liable for how you use the messaging tools within the platform. You agree to indemnify and hold Fanaura, Inc. harmless from any legal claims arising from your use of messaging features.

5. Pricing and Payments

Subscription Plans

Overage Rates

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

Billing Terms

• All plans are billed monthly in advance
• Refunds may be issued only for accidental charges reported within 30 days of billing
• We reserve the right to update pricing with 30 days notice
• Failed payments may result in service suspension

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 or third-party rights
• 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

7. Intellectual Property

All content, software, trademarks, and branding on the platform are owned by Fanaura, Inc. You are granted a limited, non-exclusive, non-transferable license to use the Services solely for authorized business purposes.

You retain ownership of content you upload (artwork, copy, etc.) but grant us a license to use it as necessary to provide the Services.

8. 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.

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:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. Fan Data Matching: Customer data from Fanaura-attributed orders (name, email, phone, location) is matched against existing fan profiles in your Fanaura 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.
7. 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.
8. 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.
9. 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.
10. 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.

9. Termination

We may suspend or terminate your access for:

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

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

10. Disclaimers and Limitations of Liability

THE SERVICES ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. WE DO NOT GUARANTEE:

• Uninterrupted or error-free access
• Specific business outcomes or results
• Delivery of all messages (SMS/email delivery depends on carriers and recipients)
• Continued availability of third-party integrations

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU IS LIMITED TO THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

11. 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 of the Services
• Your violation of these Terms
• Your violation of any law or third-party rights
• Your messaging campaigns and their compliance
• Content you upload or distribute through the platform
• Your use of customer data obtained through the Shopify integration

12. Dispute Resolution

Any disputes arising from these Terms shall be resolved through:

1. Informal Resolution: Contact us at legal@fanaura.com to attempt resolution
2. Arbitration: If informal resolution fails, disputes will be resolved through binding arbitration under AAA rules
3. Class Action Waiver: You agree to resolve disputes individually, not as part of a class action

13. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any litigation must be brought in the state or federal courts located in Delaware.

14. Modifications

We may modify these Terms at any time. Material changes will be communicated via email or prominent notice. Continued use after changes constitutes acceptance.

15. Severability

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

16. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Fanaura, Inc. and supersede any prior agreements related to the Services.

17. Contact

• Legal Inquiries: legal@fanaura.com
• General Support: support@fanaura.com
• Billing Questions: billing@fanaura.com