Terms and Conditions of Use
Entity: Fanaty, Inc., a Delaware corporation, EIN 82-1056052, 1000 Brickell Avenue, Ste 715 PMB 1038, Miami, FL 33131, United States ("Fanaty", "we", "us", or "our"). Contact: support@fanaty.com · +1 (954) 625-5799.
These Terms and Conditions of Use (the "Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Fanaty, governing your access to and use of the Fanaty website, mobile application(s), and related services (collectively, the "Platform" or "Services"). By accessing or using the Platform, you acknowledge and agree that you have read, understood, and accepted these Terms in their entirety. If you do not agree, you must immediately discontinue use of the Platform.
About Fanaty, How the Service Works and How to Sign Up
Who we are. Fanaty, Inc. is a Delaware corporation (EIN 82-1056052) with its principal office at 1000 Brickell Avenue, Ste 715 PMB 1038, Miami, FL 33131, United States. We operate a cloud platform that records amateur sports with AI cameras installed at partner venues and a booking and management platform for those venues. Contact: support@fanaty.com · +1 (954) 625-5799.
For players. Download the Fanaty app (iOS or Android), create a free account with your email or phone number, and find partner venues and open matches near you. In the app you can book a court, join or organize a match, and watch the video, highlights and stats of games recorded at partner venues. Some content is included by the venue; other content (for example, the full recording of a specific game) is offered as an in-app or in-venue purchase at the price shown before you confirm. Bookings and purchases made at a venue are sold by that venue (see Section 8).
For venues. A sports venue joins by requesting cameras at fanaty.com/venues and accepting the Fanaty Partner Agreement electronically through the enrollment link we send. Venues choose, per camera, Fanaty Free (one camera per venue, continuous recording, booking and management platform, no monthly fee) or Fanaty Premium (AI-tracked video, highlights and premium booking features, billed per premium booking hour at the price published for the venue’s country, USD 4.99 per hour in the United States). Cameras are provided by Fanaty on loan and remain Fanaty’s property unless purchased. The Partner Agreement states the term, fees, equipment and cancellation conditions and is the contract that governs the venue relationship; in case of conflict with these Terms, it prevails for the camera program.
Venue directory. The Platform includes a public directory of sports venues. Listings of partner venues use information provided by the venue. Other listings are compiled from publicly available sources (such as the venue's name, address, phone number, website and the sports offered) and may be incomplete or out of date. A listing does not mean that the venue is a Fanaty partner or endorses Fanaty, and Fanaty does not guarantee the accuracy of listing information. The owner or manager of a venue may claim, correct or remove its listing from the listing page or by writing to clubs@fanaty.com; we aim to review these requests within forty-eight (48) hours.
Payments. Payments are processed by the payment processor Fanaty designates for each country (for example, Stripe in the United States). Charges may be made in the local currency of the venue’s country. Fanaty does not store full card numbers.
Customized services. Events, leagues and other services may be customized with the venue; their conditions are those shown at the time of booking or in the venue’s own terms.
Fanaty's Role, Video Recording and Venue Waivers
Fanaty's role. Fanaty provides booking, payment, communication and video-recording technology to independent sports venues. Fanaty does not own, operate, manage, supervise or control any venue, its fields or courts, its staff, the equipment on site or the activities held there. Each venue is solely responsible for its premises, rules and activities, and for the safety of the people who attend them.
Video recording. Partner venues use cameras provided by Fanaty that record video, and may record audio, of matches, activities and events in playing areas, and venues display signs saying so. When you take part in an activity in a recorded area, you may be recorded. Recordings are stored and processed by Fanaty and used to make recordings, highlights and statistics available through the Platform, to broadcast or stream matches and events, for safety and the resolution of disputes, to develop and improve Fanaty's technology (including training the systems that follow the play), and to promote Fanaty, the venue and its leagues and events, as described in Section 5, in the Privacy Policy and in the Fanaty section of each venue waiver. Fanaty does not use facial recognition and does not create biometric identifiers from recordings.
Venue waivers. A venue may ask you to sign its liability waiver through the Platform before you play, book or watch its videos. Fanaty's Platform Terms are added at the end of every waiver signed through the Platform and form part of what you sign. The venue's waiver is an agreement between you and the venue; Fanaty's Platform Terms are an agreement between you and Fanaty. Your signature and its evidence are kept as described in the Privacy Policy.
Changes to these Terms. Fanaty may update these Terms. The version in force, its effective date and its version number are shown at the top of this page and in the app. How a change reaches you depends on what it changes: (a) minor changes (wording, clarifications, contact details, or new features that take nothing away from you) take effect when published; (b) material changes are announced at least thirty (30) days before they take effect, by email to the address on your account and with a notice in the app, together with a summary of what changed. If you keep using the Platform after the effective date, you accept the updated Terms; if you do not agree, you may close your account before that date at no cost; and (c) changes that require your express consent, such as changes to how disputes are resolved or new uses of your personal data, will not apply to you until you accept them in the app. A change to how disputes are resolved never applies to a dispute that already exists. Until a change takes effect, the previous version continues to apply; previous versions are available on request at support@fanaty.com.
1. Eligibility
1.1 This Platform is offered and made available only to individuals who are sixteen (16) years of age or older. By using this Platform, you represent and warrant that you are at least sixteen (16) years of age.
1.2 Fanaty Inc. does not knowingly collect personally identifiable information from children under the age of sixteen (16). If you are under the age of sixteen (16), you may not register for or use the Platform. If you are under eighteen (18) years of age, your use of the Platform is permitted only with the involvement and consent of a parent or legal guardian, who must accept these Terms on your behalf.
1.3 By using this Platform, you represent and warrant that you meet all eligibility requirements set forth herein. If you do not meet these requirements, you must not access or use the Platform.
2. User Accounts
2.1 You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities that occur under your account.
2.2 You may not assign, transfer, or otherwise make available your account to any other person or entity without the prior written consent of Fanaty.
2.3 Fanaty reserves the right, in its sole and absolute discretion, to suspend, restrict, or terminate any User account at any time and without prior notice.
2.4 You may only create and use accounts that you control yourself. You may not create accounts by automated means or with false information, or use multiple accounts, shared accounts or session tokens to access content or data that your own account cannot see, to exceed usage limits, or to carry out any activity prohibited in Section 3.
3. Acceptable Use and Restrictions
3.1 You agree to use the Platform only for lawful purposes and in accordance with these Terms.
3.2 Without limiting the generality of the foregoing, you expressly agree that you shall not: (a) except as permitted in Section 3.4, use any automated means, including but not limited to robots, bots, spiders, or scrapers, to access, monitor, or interact with the Platform; (b) circumvent or attempt to circumvent any security, verification, or authentication measures implemented by Fanaty; (c) decompile, disassemble, or reverse-engineer any part of the Platform; (d) copy, reproduce, distribute, or create derivative works from any portion of the Platform without Fanaty's prior written consent; (e) solicit, encourage, or engage in off-platform transactions intended to circumvent Fanaty; (f) harass, abuse, threaten, defame, discriminate against, or otherwise engage in unsafe or unlawful conduct toward any User or facility; (g) upload, post, or transmit any content that is defamatory, obscene, infringing, unlawful, violent, or otherwise objectionable; (h) send unsolicited communications, advertisements, or spam; or (i) share your account credentials with or allow access to any unauthorized third party.
3.3 Data and content extraction. The venue directory, the public highlights, the event and match pages and the other data and content available through the Platform are compiled, organized and maintained by Fanaty with substantial investment. Except as permitted in Section 3.4, you shall not, directly or through others: (a) scrape, crawl or spider the Platform, or use any automated means to extract, copy, index or monitor any part of the Platform, its data or its content; (b) download, export or collect in bulk venue listings, highlights, videos, images, user information or any other data, or extract or reuse all or a substantial part of any database of the Platform, including through the repeated and systematic extraction of insubstantial parts; (c) republish, redistribute, sell, license or otherwise make available any such data or content, or use it to build, enrich or offer a directory, database, product or service that competes with Fanaty; (d) use any such data or content to train, fine-tune, test or improve any artificial intelligence or machine learning model or system, or to build datasets for that purpose; or (e) circumvent, disable or interfere with any rate limit, access control, robots.txt instruction, CAPTCHA, bot detection, app integrity or attestation check, or other technical measure that Fanaty uses to protect the Platform, or access the Platform through any unofficial application, interface or API. Fanaty may block or limit access by any person, device or network that it reasonably believes is acting in breach of this Section, in addition to any other remedy.
3.4 Permitted use. You may view, search and share links to the public pages of the Platform for your personal, non-commercial use, and use the embed and share features that Fanaty provides, as they are offered. Search engines may crawl and index the public pages of the Platform solely to provide general search results and only as permitted by the instructions in fanaty.com/robots.txt; this permission does not extend to collecting data to train artificial intelligence or machine learning models, to build datasets, or for any purpose prohibited in Section 3.3. Any other use, including any commercial use of the Platform's data, requires Fanaty's prior written consent.
4. Intellectual Property Rights
4.1 All content, information, software, databases, designs, graphics, and materials available on or through the Platform (the "Fanaty Materials") are the sole and exclusive property of Fanaty or its licensors and are protected by copyright, trademark, and other intellectual property laws.
4.2 Fanaty grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for its intended purposes, subject to compliance with these Terms.
4.3 Except as expressly authorized by these Terms, you shall not copy, modify, reproduce, republish, display, perform, transmit, distribute, or otherwise use any Fanaty Materials for any commercial or competitive purpose.
4.4 The Fanaty Materials include the venue directory and the other databases of the Platform, as a whole and in the selection, arrangement and compilation of their contents. Fanaty reserves all rights in them, including copyright in compilations, the sui generis database right where it applies (such as in the European Union and the United Kingdom), and any rights under the laws on unfair competition and trade secrets.
5. User Content, Media, and Likeness
5.1 You retain ownership of any video recordings, images, or other content created, uploaded, or shared through the Platform (collectively, "User Content").
5.2 By submitting User Content, you hereby grant Fanaty a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to host, store, display, adapt, reproduce, distribute, perform, and promote such User Content in connection with the Services, including for business, operational, marketing, and promotional purposes, to the maximum extent permitted by law. Content that is set as public, by you or by the venue where it was recorded (highlights you create are public by default), may be displayed to anyone on fanaty.com and in the Fanaty apps, in the embedded players and widgets that Fanaty provides to venues and other websites, and through links shared by any user, and search engines may crawl it, index it and show it in their results. Fanaty identifies the author of public content only by first name and last initial, and does not publicly display highlights created by users it knows to be under eighteen (18) or by users with a private profile. You can make your own content private at any time in the app, and anyone can ask for public content to be removed from its page on fanaty.com or by writing to support@fanaty.com, as described in the Privacy Policy. Removal from Fanaty does not immediately remove copies held by search engines or other third parties, which Fanaty does not control.
5.3 You further grant Fanaty the right to use your name, likeness, image, and voice in connection with the Services, promotions, and advertising, and you hereby irrevocably waive any rights of publicity, privacy, or moral rights in such use, to the maximum extent permitted by law.
5.4 You represent and warrant that you own or otherwise control all rights necessary to grant the licenses set forth herein.
6. Matches and Organizers
6.1 The majority of matches available through the Platform are organized directly by Users. Fanaty is not a party to such arrangements, nor does Fanaty supervise or control such activities.
6.2 Organizers act independently and are solely responsible for the conduct, safety, and administration of their matches.
6.3 Fanaty disclaims all liability for the acts, omissions, or disputes of organizers, participants, or facilities.
7. Assumption of Risk, Waiver, and Release
7.1 You acknowledge and agree that participation in sporting activities inherently involves risks, including but not limited to bodily injury, illness, emotional distress, property damage, and death.
7.2 By booking, attending, or participating in any sporting activity facilitated through the Platform, you voluntarily, knowingly, and irrevocably assume all such risks, whether known or unknown, foreseeable or unforeseeable.
7.3 To the fullest extent permitted by law, you hereby release, waive, discharge, and covenant not to sue Fanaty Inc., its affiliates, officers, employees, contractors, representatives, and partner facilities (collectively, the "Released Parties") from any and all claims, demands, actions, damages, or liabilities of any kind arising out of or related to your participation, including claims based on ordinary negligence. This waiver shall not apply to liability resulting from the gross negligence, reckless misconduct, or intentional wrongdoing of a Released Party, where such exclusion is prohibited by law.
7.4 You acknowledge that Fanaty does not inspect or control the condition, safety, or suitability of facilities, and you agree that Fanaty bears no duty to do so.
7.5 You acknowledge that Fanaty does not provide insurance coverage, and you agree to obtain your own insurance as appropriate.
8. Cancellations, No-Shows, and Fees
8.1 Fanaty reserves the right, in its sole and absolute discretion, to impose service fees, cancellation fees, no-show penalties, suspensions, bans, or other account restrictions where a User cancels, withdraws, or fails to attend a booking.
8.2 All payments, refunds, holds, and financial transactions are processed by the third-party payment processor Fanaty designates for your country or for the venue’s country (each, a “Payment Processor”). By submitting payment information through the Platform, you authorize Fanaty and its Payment Processors to process transactions, to store your payment method for the purposes you authorize, and you agree to be bound by the terms, conditions, and privacy policies of the applicable Payment Processor, which are identified at checkout or in the Platform. Fanaty is not responsible for any errors, delays, chargebacks, or disputes arising from third-party payment processing.
8.3 Venue sales. When you book a court, buy at a venue’s point of sale, or purchase a video or service that a venue sells at its own price, the venue is the seller and merchant of record of that transaction, and Fanaty, through the Payment Processor, collects your payment solely as the venue’s limited payment collection agent. Your payment to Fanaty or the Payment Processor satisfies your payment obligation to the venue for that transaction. Charges may be made in the local currency of the venue’s country. Refunds, cancellations, and disputes for venue sales are governed by the venue’s policies as shown in the Platform, and the venue is responsible for any invoice or receipt required by its law. Activities that Fanaty itself organizes through the Platform (such as pickup games and challenges), and Fanaty’s own service fees, are sold by Fanaty.
8.4 All determinations by Fanaty regarding the assessment of Fanaty’s fees, refunds, or penalties shall be final and binding. Fanaty may modify such policies at any time.
9. Exclusivity, Non-Solicitation, and Non-Compete
9.1 Users and facilities are strictly prohibited from using the Platform to circumvent Fanaty by arranging bookings, payments, or services outside the Platform.
9.2 Users and facilities shall not, without Fanaty's prior written consent, use information, contacts, or data obtained through the Platform to develop, market, or promote a competing service.
9.3 Facilities may be required to agree to additional exclusivity obligations in separate facility agreements.
9.4 To the fullest extent permitted by law, Users and facilities are prohibited from soliciting or recruiting Fanaty's employees, contractors, or Users for competing services during their use of the Platform and for a reasonable period thereafter. If any restriction contained in this Section is held unenforceable in a particular jurisdiction, such restriction shall be enforced to the maximum extent permitted by law.
10. Confidentiality and Feedback
10.1 Facilities and partners agree to maintain the confidentiality of all non-public information obtained through the Platform.
10.2 Any suggestions, enhancements, or feedback provided by Users to Fanaty shall be deemed the exclusive property of Fanaty, and Fanaty shall be free to use such information without restriction or compensation.
11. Indemnification
You agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, actions, suits, damages, losses, liabilities, judgments, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to: (a) your use or misuse of the Platform or Services; (b) your conduct in connection with any sporting activity, booking, or facility; (c) your violation of these Terms or of applicable law; (d) your infringement or misappropriation of any intellectual property, publicity, or privacy rights of a third party; and (e) any claims by other Users, facilities, or third parties against Fanaty arising from your actions or omissions. Facilities additionally agree to indemnify and hold Fanaty harmless against any claims relating to facility conditions, safety, injuries, or disputes with Users. This indemnification obligation shall apply regardless of whether the claim arises in tort, contract, strict liability, or otherwise, except to the limited extent prohibited by law for claims resulting directly from Fanaty's gross negligence or willful misconduct.
12. Termination
12.1 Fanaty reserves the right to suspend, restrict, or terminate your account and access to the Platform at any time and without prior notice, for any violation of these Terms or for any reason in its discretion.
12.2 Either party may terminate any contractual relationship upon thirty (30) days' prior written notice, with or without cause.
13. Dispute Resolution, Arbitration, and Jury Waiver
13.1 Any dispute, controversy, or claim arising out of or relating to these Terms, the Platform, or the Services shall be resolved exclusively by final and binding arbitration under the Federal Arbitration Act, administered by the American Arbitration Association pursuant to its Commercial Arbitration Rules. Arbitration shall take place in Miami-Dade County, Florida, before a single arbitrator.
13.2 You acknowledge and agree that you may bring claims only in your individual capacity and not as a plaintiff or class member in any purported class, collective, representative, or consolidated proceeding.
13.3 You expressly waive any right to a trial by jury in any proceeding. If any part of this arbitration provision is held unenforceable, the remainder shall be enforced to the maximum extent permitted by law.
14. Limitation of Liability
14.1 To the maximum extent permitted by applicable law, Fanaty shall not be liable to you or to any third party for any indirect, incidental, special, consequential, punitive, exemplary, or enhanced damages of any kind, including without limitation loss of profits, loss of data, business interruption, loss of goodwill, or reputational harm, even if Fanaty has been advised of the possibility of such damages.
14.2 In no event shall Fanaty's total aggregate liability to you for any and all claims arising out of or relating to these Terms or your use of the Platform exceed the greater of: (i) the total amount of fees actually paid by you to Fanaty in the twelve (12) months immediately preceding the claim, or (ii) one hundred U.S. dollars ($100).
14.3 This limitation of liability shall apply to all claims regardless of the legal theory asserted, including breach of contract, tort, negligence, strict liability, or otherwise.
14.4 The foregoing limitations shall not apply to liability resulting from Fanaty's gross negligence, fraud, or willful misconduct, or where otherwise prohibited by applicable law.
15. Notice of Claims and Time to Cure
15.1 Users agree that any claim, dispute, or issue arising out of or relating to the Platform, the Services, or these Terms must be communicated in writing to Fanaty at support@fanaty.com within thirty (30) days from the date the User first becomes aware, or reasonably should have become aware, of the problem.
15.2 Fanaty shall have a reasonable opportunity, not less than thirty (30) days, to investigate and attempt to cure or resolve the issue before the User may initiate any arbitration, legal action, or other proceeding.
15.3 Failure to provide timely notice under this Section shall bar the claim to the fullest extent permitted by law.
16. Copyright Policy (DMCA)
Fanaty complies with the Digital Millennium Copyright Act.Designated Agent:
Fanaty Inc.
Email: support@fanaty.com
Notices of alleged infringement must include: identification of the copyrighted work, identification of the infringing material, your contact information, statements under penalty of perjury, and your signature. Counter-notices must include: identification of the removed material, a statement that the removal was by mistake or misidentification, your contact information, consent to jurisdiction in Miami, Florida, and your signature. Fanaty reserves the right to terminate accounts of repeat infringers.
17. Assignment and Subcontracting
Fanaty may assign, transfer, or subcontract its rights and obligations under these Terms without notice or consent. You may not assign your rights or obligations without the prior written consent of Fanaty.
18. Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Venue for any permitted legal proceedings shall lie exclusively in Miami-Dade County, Florida.
19. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
20. Entire Agreement
These Terms constitute the entire agreement between you and Fanaty and supersede all prior agreements, whether written or oral, relating to the subject matter herein.