01 Services
Fanbase Collective provides software that helps businesses organize customer data, create customer audiences, generate customer retention reports, build recommendation email campaigns, track campaign activity, and measure customer engagement.
02 Eligibility
You represent and warrant that:
- ◆ You are at least eighteen (18) years old.
- ◆ You have authority to bind your business.
- ◆ You have authority to provide Customer Data to Fanbase Collective.
- ◆ You will comply with applicable laws.
03 Electronic Acceptance
Creating an account, purchasing a subscription, connecting a platform, or using the Services constitutes your electronic signature and acceptance of these Terms and Conditions.
04 Accounts
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must promptly notify Fanbase Collective of any unauthorized use of your account.
05 Subscription and Billing
Access to certain Services requires a paid subscription. Subscription fees are billed in advance. Failure to pay applicable fees may result in suspension or termination of Services.
06 Seven Day Refund Policy
New customers may request a refund within seven (7) calendar days of their initial subscription purchase. Refund requests must be submitted to info@fanbasecollective.com before the expiration of the seven day period. After seven (7) days, all fees are non-refundable.
Access to reports, audiences, recommendations, integrations, analytics, and campaign tools constitutes delivery of the Services.
07 Connected Platforms
The Services may connect to third-party providers including:
Customer authorizes Fanbase Collective to access information from connected platforms as necessary to provide the Services. Fanbase Collective is not responsible for the actions, availability, performance, security, or policies of third-party providers.
08 Customer Data
Customer retains ownership of all Customer Data. Fanbase Collective receives a limited right to process Customer Data solely to provide the Services. Customer represents that it has all rights, permissions, and authority necessary to provide Customer Data to Fanbase Collective.
09 Customer Responsibilities
Customer is solely responsible for:
- ◆ Customer permissions and consent
- ◆ Email marketing compliance
- ◆ Campaign content
- ◆ Customer communications
- ◆ Data accuracy
Customer agrees to comply with all applicable privacy, marketing, and data protection laws.
10 Reports and Recommendations
The Services may provide reports, recommendations, customer audiences, insights, analytics, and revenue estimates. These outputs are provided for informational purposes only. Customer remains solely responsible for all business, marketing, and operational decisions.
11 No Performance Guarantee
Fanbase Collective does not guarantee:
- ◆ Revenue increases
- ◆ Sales increases
- ◆ Customer retention
- ◆ Customer reactivation
- ◆ Campaign performance
- ◆ Marketing success
- ◆ Profitability
Business outcomes depend on factors beyond Fanbase Collective’s control.
12 Acceptable Use
Customer shall not:
- ✕ Violate applicable laws
- ✕ Upload malicious software
- ✕ Attempt unauthorized access
- ✕ Interfere with platform operations
- ✕ Infringe intellectual property rights
- ✕ Use the Services for unlawful activities
13 Intellectual Property
All software, technology, reports, branding, designs, and related intellectual property remain the exclusive property of Fanbase Collective Incorporated. No ownership rights are transferred to Customer.
14 Confidentiality
Each party agrees to protect confidential information received from the other party and to use such information only for purposes related to the Services.
15 Service Availability
Fanbase Collective does not guarantee uninterrupted access to the Services. Services may be affected by maintenance, internet disruptions, security incidents, third-party outages, infrastructure failures, and other events outside our control.
16 Security
Fanbase Collective maintains commercially reasonable safeguards designed to protect Customer Data. No system can guarantee absolute security.
17. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, FANBASE COLLECTIVE DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AND UNINTERRUPTED OPERATION.
18. Indemnification
Customer agrees to defend, indemnify, and hold harmless Fanbase Collective Incorporated and its officers, directors, employees, contractors, affiliates, and agents from claims, damages, liabilities, costs, and expenses arising from:
- Customer Data
- Customer campaigns
- Customer communications
- Customer misuse of the Services
- Customer violation of law
- Customer breach of these Terms
19. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FANBASE COLLECTIVE’S TOTAL LIABILITY SHALL NOT EXCEED THE LESSER OF:
(A) THE TOTAL FEES PAID BY CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR
(B) FIVE THOUSAND DOLLARS ($5,000).
20. Exclusion of Damages
FANBASE COLLECTIVE SHALL NOT BE LIABLE FOR:
21. Exclusive Remedy
Customer’s sole remedy shall be termination of the subscription and any refund available under the Seven Day Refund Policy.
22. Maximum Dispute Amount
No dispute, claim, mediation request, arbitration demand, or other action arising from the Services may seek recovery exceeding Five Thousand Dollars ($5,000).
23 Dispute Resolution
The parties agree to attempt to resolve disputes through good faith discussions. If unresolved, the parties agree to participate in mediation in Davidson County, Tennessee. If mediation does not resolve the dispute, the matter shall be resolved exclusively through binding arbitration administered by the American Arbitration Association.
24 Class Action Waiver
Customer agrees to bring claims only in an individual capacity and waives participation in any class action, collective action, representative action, or class arbitration.
25 Governing Law
These Terms and Conditions are governed by the laws of the State of Tennessee.
26 Force Majeure
Fanbase Collective shall not be liable for delays or failures caused by events beyond its reasonable control, including natural disasters, internet outages, cyberattacks, labor disputes, governmental actions, utility failures, or third-party service interruptions.
27 Termination
Fanbase Collective may suspend or terminate access to the Services for nonpayment, fraud, security concerns, unlawful activity, or violation of these Terms and Conditions.
28 Changes to Terms
Fanbase Collective may update these Terms and Conditions from time to time. Continued use of the Services constitutes acceptance of any revised Terms.