Terms of Service

Last updated: March 4, 2026

Effective date: March 4, 2026

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SECTION 15) THAT AFFECT YOUR LEGAL RIGHTS.

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and FanClash, Inc. ("FanClash," "Company," "we," "us," or "our"), governing your access to and use of the FanClash platform, including our website at fanclash.io, mobile applications, and all related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms, our Privacy Policy, our Cookie Policy, and our Community Guidelines, all of which are incorporated by reference. If you do not agree to these Terms, do not use the Service.

1. Eligibility

To use the Service, you must:

• Be at least 13 years of age (or 16 years of age if you reside in the European Economic Area).
• Have the legal capacity to enter into a binding agreement.
• Not be prohibited from using the Service under applicable law.
• Not have been previously suspended or banned from the Service.

If you are under 18 years of age, you represent that your parent or legal guardian has reviewed and consents to these Terms on your behalf. We reserve the right to request proof of age or parental consent at any time.

2. Account Registration and Security

• You must provide accurate, current, and complete information during registration and keep your account information up to date.
• You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• You must immediately notify us at support@fanclash.io of any unauthorized use of your account or any other breach of security.
• You may not transfer, sell, or assign your account to any other person or entity.
• Each person may maintain only one account. Creating multiple accounts for any purpose is prohibited.
• We reserve the right to suspend or terminate accounts that contain inaccurate information or violate these Terms.

3. Description of the Service

FanClash is a skill-based sports debate platform where users represent their teams in live audio debates, vote on debate outcomes, form and manage teams, and climb leaderboards. The Service includes, but is not limited to: live audio debate rooms, real-time chat messaging, team creation and management, voting and leaderboard systems, user profiles, and subscription-based premium features.

FanClash is not a gambling, wagering, or betting service. No monetary wagers, bets, or real-money prizes are placed on or awarded based on debate outcomes. Debate results are determined by community votes evaluating debate quality and argumentation skill.

4. Acceptable Use

When using the Service, you agree NOT to:

• Harass, threaten, intimidate, stalk, or bully other users
• Use hate speech, slurs, or discriminatory language based on race, ethnicity, gender, sexual orientation, religion, disability, age, or any other protected characteristic
• Share content that is sexually explicit, gratuitously violent, or illegal
• Impersonate other individuals, teams, organizations, or FanClash staff
• Spam, flood, or disrupt debates, chat channels, or other platform features
• Use bots, scripts, automated tools, or any non-human means to interact with the Service
• Manipulate votes, leaderboard rankings, or debate outcomes through any means
• Attempt to access other users' accounts, private data, or non-public areas of the Service
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
• Circumvent any security features, access controls, or usage restrictions
• Use the Service to transmit malware, viruses, or other harmful code
• Use the Service for any illegal or unauthorized purpose or in violation of any applicable law or regulation
• Encourage or assist others in doing any of the above

For additional detail, please review our Community Guidelines.

5. Debate Conduct and Rules

5.1 Participation

• Debates are intended to be competitive, spirited, and respectful. Personal attacks on other participants are prohibited.
• You must respect speaking turns, time limits, and moderator instructions during live audio debates.
• Deliberate disruption of debates — including excessive noise, inappropriate audio, or refusal to yield speaking turns — may result in muting, removal, or account suspension.

5.2 Voting Integrity

• Each user may cast one vote per debate.
• Vote manipulation through multiple accounts, coordinated campaigns, bots, or any other means is strictly prohibited and may result in immediate permanent suspension.
• We reserve the right to invalidate votes, adjust results, and take enforcement action if manipulation is detected.

5.3 Teams

• Team names, descriptions, and images must not contain offensive, misleading, or infringing content.
• Team creators are responsible for their team members' compliance with these Terms.
• We reserve the right to rename, modify, or disband teams that violate our guidelines.

6. User Content

6.1 Ownership and License

You retain ownership of the content you create on the Service, including chat messages, audio contributions, and profile information ("User Content"). By submitting User Content, you grant FanClash a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works of your User Content in connection with operating, promoting, and improving the Service. This license survives termination of your account to the extent necessary for us to maintain platform integrity (e.g., leaderboard records, debate history).

6.2 Representations

By submitting User Content, you represent and warrant that:

• You own or have the necessary rights and permissions to submit the content
• The content does not infringe or violate any third party's intellectual property, privacy, or other rights
• The content complies with these Terms, our Community Guidelines, and all applicable laws

6.3 Content Moderation

We reserve the right, but have no obligation, to monitor, review, remove, or restrict any User Content that violates these Terms or our Community Guidelines, at our sole discretion and without prior notice. We may use automated tools and human review for content moderation.

6.4 Reporting

You can report content or users that violate these Terms using the in-app reporting features or by emailing support@fanclash.io. We will review reports and take appropriate action, which may include warnings, muting, temporary suspensions, or permanent bans.

7. Subscriptions and Payments

• Certain features of the Service require a paid subscription ("Premium Subscription").
• Subscription fees are billed in advance on a recurring basis (monthly or annually) as selected at the time of purchase.
• All fees are stated in U.S. Dollars unless otherwise indicated. Prices are exclusive of applicable taxes, which will be added at checkout where required by law.
• You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. You will retain access to premium features until the end of the paid period.
• We do not provide refunds for partial billing periods, except as required by applicable law or at our sole discretion.
• We reserve the right to change subscription pricing upon 30 days' prior notice. Price changes will not affect your current billing period.
• All payments are processed through secure third-party payment processors. We do not store your payment card details on our servers.
• If payment fails, we may suspend access to premium features until payment is successfully processed.

8. Intellectual Property

The Service, including its design, code, graphics, logos, trademarks, trade names, service marks, and all other content and materials created by FanClash ("FanClash Content"), is the exclusive property of FanClash, Inc. and is protected by copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws.

You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works based on the FanClash Content or any part of the Service without our prior written consent.

Sports team names, logos, and related marks referenced on the platform are the property of their respective owners and are used for identification and commentary purposes only under fair use principles. FanClash is not affiliated with, endorsed by, or sponsored by any professional sports league, team, or organization unless explicitly stated.

9. Third-Party Services

The Service integrates with and relies upon third-party services, including but not limited to Clerk (authentication), LiveKit (real-time audio), and GetStream (chat messaging). Your use of these third-party services is subject to their respective terms of service and privacy policies. FanClash is not responsible for the availability, accuracy, or practices of any third-party services. Links to third-party services are provided for convenience and do not constitute endorsement.

10. 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, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, FANCLASH DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; (C) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; OR (D) THE SERVICE WILL MEET YOUR REQUIREMENTS.

FanClash does not endorse or verify the accuracy, completeness, or reliability of opinions expressed during debates. Users are solely responsible for the content they create and share on the Service.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FANCLASH, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY USER OR THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR DATA, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF FANCLASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO FANCLASH IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to indemnify, defend, and hold harmless FanClash and its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) your violation of any third-party rights.

13. Termination

• By you: You may delete your account at any time through the Settings page or by contacting us. Deletion will be processed within 30 days.
• By us: We may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice, including for violation of these Terms.
• Effect: Upon termination, your right to access and use the Service ceases immediately. We may delete your account data in accordance with our Privacy Policy.
• Survival: Sections that by their nature should survive termination shall survive, including but not limited to: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted under these Terms, you and FanClash agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Delaware.

15. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

15.1 Informal Resolution

Before filing any formal proceeding, you agree to first contact us at legal@fanclash.io and attempt to resolve the dispute informally for at least 30 days. Most disputes can be resolved this way.

15.2 Binding Arbitration

If we cannot resolve the dispute informally, you and FanClash each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

The arbitration shall be conducted in the English language.

15.3 Class Action Waiver

YOU AND FANCLASH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, consolidated, or representative proceeding.

15.4 Exceptions

This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. Additionally, disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets, and claims of piracy or unauthorized use of the Service, shall not be subject to arbitration.

15.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to legal@fanclash.io within 30 days of first accepting these Terms. Your notice must include your name, username, email address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, you and FanClash may litigate disputes in court.

16. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, Cookie Policy, and Community Guidelines, constitute the entire agreement between you and FanClash regarding the Service and supersede all prior agreements.
• Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
• Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Our failure to exercise or enforce any right or provision shall not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.
• Force Majeure: FanClash shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, labor disputes, governmental actions, or internet service failures.
• No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights in any person or entity.
• Headings: Section headings are for convenience only and have no legal or contractual effect.

17. Changes to These Terms

We may revise these Terms at any time by posting the updated version on the Service and updating the "Last updated" and "Effective date" above. For material changes, we will provide notice via email or in-app notification at least 30 days before the changes take effect.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

18. Contact Us

If you have questions or concerns about these Terms, contact us at:

• Email: legal@fanclash.io
• Website: fanclash.io