FANKADO TERMS OF SERVICE

Last updated: Aug 10, 2026

1. Introduction

These Terms and Conditions (the “Terms”) constitute a legally binding agreement between you (“you”, “your”, or “User”) and Fankado, Inc., a Delaware corporation (“Fankado”, “we”, “us”, or “our”), governing your access to and use of our websites, applications, and services (collectively, the “Service”).

Certain products, experiences, campaigns, features, or programs offered by or through the Service (including creator programs, drops, and/or promotions) may be governed by additional or supplemental terms (“Supplemental Terms”). If these Terms conflict with any Supplemental Terms, the Supplemental Terms control solely with respect to the applicable Service feature.

By accessing the website available at https://fankado.com (the “Website”), purchasing or opening any digital pack, purchasing any card (digital or printed) or other item offered by Fankado, participating in any promotional program, or otherwise using the Service, you acknowledge that you have read, understand, and agree to be bound by these Terms. If you do not agree, you must not use the Service.

ARBITRATION NOTICE. Section 25 contains an arbitration agreement and class-action waiver. Except for limited types of disputes, you agree disputes between you and Fankado will be resolved by binding, individual arbitration, and you waive your right to a jury trial and to participate in a class action.

2. Overview of the Service

  1. What We Do. Fankado operates a platform that (a) enables creators and influencers to license rights in their name, image, likeness, and related content to Fankado for the creation, marketing, and distribution of digital and printed collectible cards; (b) offers eligible cards for sale individually and in randomized packs; and (c) may permit eligible users to collect, display, transfer, trade, burn, or redeem certain digital cards through features expressly made available by Fankado. “Digital Card” means a limited contractual license, associated with a User’s account, to access and display specified digital content through the Service and to use features expressly authorized by Fankado. A Digital Card does not transfer ownership of any underlying content or intellectual property. Access may be suspended, corrected, replaced, or revoked only as provided in these Terms, including in cases of fraud, unauthorized access, payment reversal, mistaken issuance, infringement or loss of underlying rights, violation of law, or material violation of these Terms.
  2. No Marketplace Party Status (Except When We Sell). Unless Fankado is expressly identified as the seller of a Card, Fankado is not a party to any transaction between Users and third parties. We may facilitate payments or logistics but do not guarantee the quality, authenticity, availability, or value of any card offered by third parties.
  3. Use For Entertainment. Packs and Cards are designed for entertainment and collection. We do not represent that any Card has monetary value or investment qualities.
  4. Content Sensitivities. Cards may incorporate creator-provided or creator-approved content. Creators, not Fankado, are responsible for their content and representations, except where Fankado is the direct content producer.

3. Purchases; Pricing; Currency; Fees; Taxes

  1. Pricing & Payment. Prices, fees, taxes, and shipping/handling (if any) are as displayed at checkout and are due at purchase. Prices may change at any time before you place an order.
  2. No Value Guarantees. Fankado does not guarantee that a Pack will contain a particular Card; that any Card will have or retain monetary or resale value; that a resale market will exist; that any Digital Card will remain transferable, tradable, burnable, or redeemable; or that any action involving a Card will increase the value or rarity of another Card. Any supply, rarity, or availability statement applies only as expressly described at the time it is displayed and is not a promise of future value.
  3. All Sales Final (Subject to Law). Except where required by law or expressly stated otherwise by Fankado in writing, all sales are final and non-refundable, including Pack sales after purchase (whether opened, auto-revealed, or unopened upon expiry of an opening window).
  4. Taxes. You are responsible for all taxes, duties, levies, or similar governmental assessments associated with your purchases or use of the Service, excluding Fankado’s income taxes. We may collect or estimate taxes and remit as required.
  5. Printed-Card Claims and Shipping. An eligible Digital Card may include a limited right for the current holder to claim the corresponding Printed Card, subject to the eligibility period, quantity limits, shipping charges, taxes, geographic restrictions, identity or address verification, and other terms displayed when the claim is made. The claimant must provide accurate and complete shipping information. Fankado may reject or cancel a claim affected by fraud, sanctions restrictions, technical error, duplicate claims, inventory unavailability, or violation of these Terms. Delivery dates are estimates. Risk of loss and title to a Printed Card pass as provided by applicable law; no provision in these Terms limits non-waivable consumer rights.
  6. Shipping of Printed Cards. If you purchase printed Cards or convert/claim a printed version when available, you must provide accurate shipping information and pay any shipping/handling and applicable taxes at the time specified. Risk of loss and title pass upon delivery to the carrier. Delivery estimates are not guarantees.
  7. Buyback and Credits Clarification. Cards and Packs are designed for entertainment and collection. Fankado does not represent that any Card has intrinsic value, investment qualities, or a guaranteed resale value. Any Buyback Offer or Credits issued under Section 5 do not create a representation of monetary value except as expressly stated in applicable offer terms and do not guarantee a right to cash redemption unless explicitly stated.
  8. No Buyback or Resale Commitment. Fankado does not promise to repurchase Cards, facilitate secondary sales, maintain compatibility with a third-party marketplace, or provide liquidity. Any later sale of a Printed Card is a transaction independent of Fankado unless Fankado expressly identifies itself as a party to that transaction.

4. Randomized Packs; Opening; Auto-Reveal; Alternate Method of Entry (AMOE)

  1. Packs with Chance. Certain Packs contain randomized outcomes, including Card rarity. By purchasing a Pack, you agree to the chance-based nature of the product.
  2. Dynamic Odds Disclosure. Certain Fankado drops may include collectible or limited-edition Creator Cards distributed based on disclosed probabilities. The odds shown at checkout represent the actual probabilities in effect at the time of purchase and may be adjusted for subsequent sales as inventory changes. Each purchaser receives the number and type of Cards described in the applicable offer, but Cards may differ in rarity, availability, perceived desirability, and secondary-market value, if any. Fankado Cards are collectibles and not gambling instruments or games of chance. Fankado does not offer cash redemption or wagering of any kind. Odds and material supply information displayed for a purchase must be accurate when displayed. Changes apply prospectively and will not alter the outcome of a completed purchase.
  3. Opening/Reveal Windows. Packs may specify opening windows (earliest open time, latest open time) and may auto-reveal after a specified time. If you do not manually open a Pack by the deadline, we may open it for you and record the result to your account.
  4. AMOE Mechanics. Where a chance-based promotion constitutes a sweepstakes or other promotion for which a no-purchase method of entry is required by applicable law, Fankado will provide an Alternate Method of Entry under the applicable Official Rules. The Official Rules will describe the no-purchase entry method, applicable entry limits, deadlines, eligibility requirements, geographic restrictions, and restrictions on automated entries. An AMOE may require creation of a free Fankado account and completion of reasonable entry steps identified in the Official Rules. No purchase or payment will be required to use the AMOE, and a purchase or payment will not increase an entrant’s odds of winning. The availability of an AMOE does not apply automatically to every sale of a randomized collectible product.
  5. No Gambling or Wagering. Fankado does not offer gambling. Packs are collectibles; any entertainment or resale value is incidental. We may impose purchase limits, identity verification, geofencing, or AMOE rules to comply with law and mitigate abuse.

5. Points, Credits, Card Burns, and Promotional Offers.

  1. Points. Fankado may award or permit Users to earn promotional points (“Points”) through activities described in the Service or applicable Supplemental Terms. Points are a limited, revocable promotional feature; have no cash value; are not property, currency, stored value, or a financial instrument; may not be purchased, sold, transferred, assigned, pledged, or redeemed for cash or cash equivalents; and may be used only for features expressly made available by Fankado.
  2. Earning and Using Points. Available earning methods, redemption options, required Point amounts, limits, and eligibility conditions will be displayed in the Service or applicable Supplemental Terms. Fankado may change prospective earning and redemption opportunities, impose limits, correct errors, and discontinue a Points feature. A Points redemption accepted by Fankado is final, except where reversal is required by law or Fankado determines that the redemption resulted from fraud, unauthorized account access, technical error, or a violation of these Terms.
  3. Points-for-Card Redemptions. Fankado may allow a User to redeem Points for a designated Digital Card or Digital Pack. Available Cards and Packs and required Point amounts may change before confirmation. Before the User confirms, the Service will display the Card or Pack, required Points, and material restrictions. Completion deducts the displayed Points and places the designated Digital Card or Pack in the User’s account, subject to these Terms. A Points redemption is not a sale, cash redemption, or exchange of monetary value.
  4. Card Burns. A User may permanently remove an eligible Digital Card from the User’s account through an authorized burn feature. A burn is final and irreversible once confirmed. Some burns may provide no compensation; for certain Cards or promotions, Fankado may offer a specified number of Points. Any Points offer will be displayed before confirmation and, once accepted and successfully processed, will govern that burn. Burning extinguishes the User’s rights in the Digital Card, including any unexercised claim to a Printed Card.
  5. Burn Confirmation and Errors. Before completing a burn, the Service will identify the Digital Card, state whether Points will be awarded and in what amount, disclose that the burn is irreversible, and require affirmative confirmation. Subject to applicable law, Fankado is not required to restore a Card burned because of mistake, regret, account sharing, or a later change in perceived value. Fankado may withhold or reverse Points obtained through fraud, unauthorized access, exploits, duplicate accounts, manipulated activity, or technical error, whether or not the burned Card can be restored.
  6. Acceptance and Expiration. Offers must be accepted within the specified timeframe. After acceptance, settlement is subject to verification that you control the Card at the time of settlement, fraud screening, and other compliance checks.
  7. Payout Form. Unless otherwise explicitly stated, Buyback Offers are payable in Fankado Credits (“Credits”). Credits are non-transferable, have no guaranteed cash value, and may only be used within the Service as permitted by Fankado.
  8. Credit Cash-Out. If Fankado makes a cash-out option available, you may be required to complete identity verification, tax information, KYC/AML checks, or meet minimum thresholds before such payout, all in Fankado’s discretion and subject to applicable laws.
  9. Credits. If Fankado separately offers non-cash promotional credits (“Credits”), the applicable terms will be displayed when the Credits are offered. Unless expressly stated otherwise, Credits have no cash value, are non-transferable, may be used only within the Service, and may expire or be modified as disclosed when issued. Points and Credits are not interchangeable unless Fankado expressly permits a conversion within the Service.
  10. No Cash-Out. Points, Credits, and Digital Cards may not be redeemed with Fankado for cash or cash equivalents. Fankado does not buy Digital Cards from Users except under a separately documented program implemented following any identity, licensing, and regulatory requirements Fankado determines apply.
  11. Abuse and Adjustments. Fankado may investigate suspected abuse; delay a transaction while reviewing it; refuse, cancel, or reverse a transaction affected by fraud, unauthorized access, collusion, sanctions concerns, technical error, or violation of these Terms; and correct account balances. Any reversal is subject to technical feasibility, applicable law, and the rights of an innocent recipient.

6. Creator/Influencer Program; License; Revenue Share; Payouts

  1. Creator Enrollment. To release Cards, creators/influencers (“Creators”) must (a) establish a Fankado account, (b) accept Creator-specific Supplemental Terms, (c) complete KYC/AML/OFAC screening as required, and (d) grant the licenses described below.
  2. Creator Identity Verification; Anti-Impersonation.
    1. Verification required. Before a Creator may list or sell Cards/Packs, Fankado may require identity and authenticity verification. Verification methods may include, without limitation: (i) submission of government-issued identification and liveness checks; (ii) proof-of-control over official channels (e.g., posting a time-limited code or message to a verified Instagram/X/Facebook/TikTok account or updating a link-in-bio); (iii) telephone or video confirmation to a publicly listed business/agent number; and (iv) third-party identity or sanctions screening.
    2. Cooperation. Creator authorizes Fankado to contact publicly listed management, agencies, and platforms, and to use logos/marks solely for verification purposes. Creator must promptly supply requested materials and authenticate accounts.
    3. Badge; no endorsement. Any “verified” badge is informational only and not an endorsement, guarantee, or warranty of identity, quality, or safety. Fankado may grant, withhold, suspend, or revoke verification at any time.
    4. Impersonation prohibited. Impersonation or misrepresentation of identity is strictly prohibited and grounds for immediate suspension, takedown of content, cancellation of drops, forfeiture of payouts subject to applicable law, and referral to law enforcement.
  3. Content Submission; Curation; Approvals.
    1. Pre-review. All Creator Materials and proposed Cards/Packs (including photos, likeness, artwork, titles, captions, and metadata) are subject to pre-review and approval by Fankado for legal, quality, and brand-safety compliance.
    2. Edits & revisions. Fankado may request edits or substitutions, require proof of rights (e.g., model/property releases for third parties or trademarks appearing in images), and may decline any asset that is low-quality, infringing, deceptive, unsafe, or otherwise inconsistent with our policies.
    3. Editorial control. Fankado may curate rarity tables, pack composition, print specs, drop timing, quantities, pricing windows, and distribution pacing, and may adjust these to address demand, fraud prevention, safety, or compliance.
    4. Post-launch moderation. Fankado may pause, de-list, or recall content and drops that generate material legal, fraud, or brand-safety risk, or upon credible complaints, and may request remedial changes before re-listing.
    5. No obligation to explain. Fankado is not obliged to approve or to provide detailed editorial rationales, though we may offer feedback in good faith.
    6. Creator warranties. Creator represents and warrants that submitted content is accurate, lawful, and does not infringe any third-party rights, and that Creator has obtained all necessary consents/releases. Creator will promptly provide documentation on request.
  4. License Grant. Creator grants Fankado a worldwide, irrevocable (for the duration specified below), transferable, sublicensable, royalty-bearing license to use, reproduce, adapt, modify, distribute, publicly display, publicly perform, print, publish, advertise, market, sell, and otherwise exploit: (i) Creator’s name, image, likeness, voice, signature, biographical information, logos/marks (if applicable), and persona; and (ii) Creator-provided content (photos, artwork, text, video, audio, metadata, design elements) (collectively, “Creator Materials”) in connection with the creation, distribution, and commercialization of Cards (digital and printed), Packs, promotional materials, and derivative works.
    1. Term of License. Unless otherwise agreed in writing, the license lasts for the commercial life of the associated Card designs and campaigns (including reprints, reissues, archives, and reasonable tail-off marketing), plus a wind-down period (not to exceed 24 months) after product retirement for inventory sell-off and archival use.
    2. Approvals. Fankado may, but is not obligated to, provide Creator with review/approval opportunities where commercially reasonable.
    3. Moral Rights; Publicity Release. To the extent permitted by law, Creator waives or agrees not to assert moral rights and grants a general right of publicity release for the uses described.
  5. Representations & Warranties (Creator). Creator represents and warrants that (i) Creator has all necessary rights to grant the license; (ii) Creator Materials do not infringe, misappropriate, or violate any third-party rights or laws; (iii) any endorsements comply with applicable advertising and disclosure laws; and (iv) all statements about Creator are truthful and not misleading.
  6. Revenue Share. Creators receive 50% of “Net Revenue” for their Card sales unless otherwise agreed in writing. “Net Revenue” means gross receipts actually received by Fankado from primary sales of the Creator’s Cards (and, if applicable, Creator-attributed secondary-sale fees on Fankado-operated marketplaces), less: (i) discounts, credits, refunds/chargebacks, returns, promotional value, and AMOE costs; (ii) payment processing, gateway, and network fees; (iii) sales/use/VAT and similar taxes (except Fankado’s income taxes); (iv) shipping, handling, and packaging (for printed products); (v) fraud-prevention, security, moderation, and compliance costs allocable to the campaign; and (vi) third-party licensing or collaboration costs specifically attributable to the Creator’s product line.
  7. Dynamic Pricing Authorization. Creator acknowledges and agrees that Fankado may determine the price of the Creator Cards dynamically, including by using algorithms that consider demand, creator engagement, sales history, and other platform criteria. Creator may propose or set minimum and maximum price ranges where such functionality is available.
  8. No Securities or Investment Representations. Creator and Fankado agree that Creator Cards are not marketed or sold as investment products, securities, or interests in any enterprise. Promotional content will emphasize the artistic, collectible, and experiential nature of Creator Cards rather than any expectation of financial return.
  9. Payout Timing; Holds; Reserves. Payouts are released at Fankado’s discretion based on chargeback/fraud-risk evaluation. Fankado may (i) hold reserves, (ii) delay payouts, (iii) set minimum payout thresholds, (iv) require additional KYC/AML information, or (v) offset negative balances, chargebacks, and associated fees from current or future payouts. Payout currency and rails are determined by Fankado; FX/conversion fees (if any) are netted.
  10. Chargebacks; Network Assessments; Excess Losses. Creator is responsible for all chargebacks, refunds, reversals, and associated fees, penalties, network assessments, and third-party dispute fees arising from the sale of Creator's Cards/Packs (collectively, "Losses"). Fankado may (i) offset Losses against Creator's current/future payouts; (ii) draw on any reserve; and (iii) invoice Creator for any deficiency resulting from Creator's fraud, misrepresentation, deceptive marketing, failure to deliver, or breach of these Terms.
  11. Chargeback Programs; Remedial Actions. If Creator’s chargeback ratio exceeds applicable card-network or processor thresholds (as updated by those third parties), Fankado may, in its discretion and in addition to the above remedies: pause or cancel drops, require increased rolling reserves, require additional KYC/AML, mandate pre-order or delayed-capture flows, or impose purchase limits or geofencing. Creator must reasonably cooperate in investigations and representments and provide requested documents within 5 business days.
  12. Audit & Reporting. Fankado will maintain commercially reasonable records of Net Revenue. On reasonable written notice no more than once per 12-month period, Creator may have an independent CPA inspect relevant records related to Creator’s payouts, at Creator’s expense.
  13. Taxes & Forms. Creators are responsible for their own income and self-employment taxes. Fankado may require tax forms (e.g., W-9/W-8) and may withhold as required by law.
  14. Termination & Survival. Termination of a Creator’s account does not terminate (i) already-produced Cards or in-market inventory, (ii) accrued payment obligations (subject to holds/offsets), or (iii) Fankado’s archival uses, historical references, or factual statements about prior campaigns.

7. User Accounts; Eligibility; Verification

  1. You must be 18+ or the age of majority in your jurisdiction to use purchase features. By using the Service, you represent you are eligible and can form a binding contract.
  2. You agree to provide accurate information and promptly update it. You are responsible for maintaining the confidentiality of your credentials and for all activities under your account or Wallet.
  3. We may require identity verification (KYC/AML/OFAC checks) for purchases, prize claims, Creator payouts, large order volumes, or suspected fraud. Failure to cooperate may result in delayed/denied access, holds, or account limitation.
  4. Transaction Authority. You are responsible for actions taken through your account, but this does not waive rights you may have under applicable law regarding unauthorized transactions. You must promptly notify Fankado if you believe your account has been compromised or a trade, burn, claim, or redemption was not authorized.
  5. Minors. Purchase, trade, burn, transfer, and redemption features are available only to Users who satisfy the age and consent requirements displayed for the applicable feature. Fankado may require parental or guardian consent, restrict features, or impose transaction limits where appropriate.
  6. Transaction Records. Fankado’s records of confirmed trades, transfers, burns, redemptions, and claims will control absent manifest error. A pending display or notification does not establish completion.

8. Authorized Trades, Transfers, and Secondary Activity.

  1. Authorized Features Only. Fankado may permit Users to propose, accept, and complete transfers or trades of eligible Digital Cards through authorized Service functionality. A trade may involve one or multiple Digital Cards on either side. Specific card ratios or suggested combinations shown in the Service are examples or product rules, not representations that the Cards have equal monetary or collectible value.
  2. Mutual Confirmation. Before a trade is completed, each participating User will be shown the Digital Cards the User will transfer and receive and must separately confirm the final transaction. A proposal may be withdrawn before acceptance unless the interface states otherwise. A completed trade is final, except where Fankado determines that reversal is appropriate and technically feasible because of fraud, unauthorized account access, collusion, exploitation, technical error, or violation of these Terms.
  3. No Fairness or Value Guarantee. Users decide whether a proposed trade is acceptable. Fankado does not appraise Cards, act as a fiduciary or broker, guarantee that a trade is fair, or represent that Cards exchanged in a trade have equivalent or ascertainable value. Rarity labels, supply information, prior prices, and suggested trade ratios are not valuations or investment advice.
  4. Transfer of Limited Rights. A completed transfer conveys only the transferring User’s limited rights in the applicable Digital Card, including any then-valid and unexercised right to claim the corresponding Printed Card. It does not transfer ownership of intellectual property, Creator Materials, or Fankado Content. A Digital Card that has been burned or claimed for a Printed Card cannot be transferred.
  5. No Cash Consideration or Off-Platform Payments. Unless Fankado expressly launches a compliant marketplace under separate terms, Users may not offer, request, or accept money, Points, Credits, cryptocurrency, gift cards, unrelated goods or services, or other off-platform consideration in connection with a trade or transfer. Fankado does not process or facilitate payments between Users for Card trades.
  6. Restrictions. Fankado may restrict eligible Cards, accounts, recipients, transaction frequency, geographic availability, holding periods, transfer chains, trade structures, or other aspects of a trade or transfer; suspend a feature; and require identity, age, sanctions, or fraud checks.
  7. Third-Party Resales. Fankado does not guarantee or control any third-party resale market. A User who claims a Printed Card and later sells it through an unaffiliated marketplace acts independently and is solely responsible for complying with that marketplace’s terms and applicable law, including tax obligations. Fankado is not a party to that resale and does not guarantee authenticity, delivery, payment, or value.
  8. Prohibited Conduct. Users may not engage in wash activity, sham trades, self-dealing among controlled accounts, coordinated manipulation, artificial inflation or suppression of rarity or demand, account farming, bots, exploitation of errors, laundering of value, evasion of limits, or use of Cards as consideration for unrelated transactions.

9. Buyer Visibility & Creator Communications

  1. What creators can see. For each purchase of a creator’s Cards or Packs, Fankado may disclose to that creator: (i) your display name and profile image; (ii) the item(s) purchased and timestamp; (iii) your email address; (iv) your phone number; and (v) any social handles you expressly choose to share in your account (e.g., X/Twitter, Instagram, TikTok).
  2. How creators may contact you. Creators may contact you via Fankado’s in-product messaging/broadcast tools and/or directly. You acknowledge and agree that Fankado may share your (i) email address, (ii) phone number, and (iii) social handles with creators.
  3. Creator obligations. Creators receiving buyer information must: (i) use it solely to support their Fankado relationship (e.g., product updates, redemption links, customer support); (ii) comply with CAN-SPAM, TCPA/CTIA, CASL, UK PECR/GDPR and other anti-spam/privacy laws; (iii) include a functional unsubscribe/opt-out in each message; (iv) honor Fankado-propagated suppression requests and your preferences; and (v) maintain and publish a privacy notice describing their processing as an independent controller.
  4. No resale or scraping. Creators may not sell, rent, broker, or otherwise transfer buyer data; may not scrape or harvest data; and may not use data outside the permitted purpose.
  5. Enforcement. Fankado may rate-limit, suspend, or terminate creator messaging access, forward complaints to the creator for resolution, and disclose violations to authorities. You acknowledge creators are independently responsible for their communications once you have shared your contact information or opted in.

10. Promotions; Giveaways; Sweepstakes

We may run Promotions from time to time. Promotions are governed by (i) these Terms and (ii) Official Rules provided for the specific Promotion. If there is a conflict, the Official Rules control the Promotion. Unless otherwise specified, no purchase is necessary, and an AMOE will be provided where legally required. Promotions are void where prohibited and may be geo-restricted. If a promotion is skill-based (e.g., judged contest), an AMOE may not apply; where it is chance-based, AMOE will be provided to avoid illegal lottery risk. Official Rules govern odds, eligibility, prize details, and winner selection. We may cancel, suspend, or modify any Promotion to address fraud, legal, or logistical issues.

11. Consent to Electronic Communications

By using the Service or contacting us, you consent to receive electronic communications (email, in-product notices, SMS where you opt in). These may include transactional messages, disclosures, and updates. Keep your contact information current. You may opt out of certain marketing communications as described in our messages. Some transactional communications are required for the Service.

12. Ownership; IP; Feedback

  1. Fankado IP. The Service, and all associated software, designs, logos, trademarks, text, graphics, images, audio/video, data compilations, and other content (collectively, “Fankado Content”), are owned by or licensed to Fankado and protected by IP laws.
  2. Restrictions. You may not copy, modify, distribute, publicly perform/display, create derivative works of, reverse engineer, or misuse the Service or Fankado Content except as expressly permitted.
  3. Feedback. If you provide feedback, ideas, or suggestions (“Feedback”), you grant Fankado a perpetual, irrevocable, worldwide, sublicensable, royalty-free license to use it without restriction or attribution.

13. License to Use the Service

We grant you a limited, revocable, non-exclusive, non-sublicensable license to access and use the Service and licensed Digital Cards for personal, non-commercial purposes, subject to these Terms. The license is non-transferable except for a transfer of a Digital Card completed through an authorized feature under Section 8. We may modify, suspend, or discontinue any part of the Service at any time.

14. User Content

If you upload, submit, or otherwise provide content (“User Content”), you grant Fankado a worldwide, non-exclusive, sublicensable license to host, store, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, and publicly display such User Content in connection with operating, improving, and promoting the Service. You represent you have all rights necessary to grant this license and that your User Content complies with law and these Terms.

15. Third-Party Services

The Service may link to or integrate with third-party services (e.g., payment processors, wallets, shipping, identity verification). We do not control third-party services and are not responsible for them. Use them at your own risk and review their terms and privacy policies.

16. Acceptable Use

You agree not to:

17. Copyright

We respect IP rights and will respond to notices of alleged infringement under the DMCA. To submit a notice, send: (i) signature; (ii) work identification; (iii) material/location identification; (iv) contact info; (v) good-faith statement; and (vi) accuracy statement under penalty of perjury, to copyright@fankado.com (SUBJ: Copyright Agent). Counter-notices must satisfy statutory requirements.

18. Investigations

We may investigate suspected violations, cooperate with law enforcement, and disclose information as required by law or to protect rights, safety, and the integrity of the Service. You have no expectation of privacy for misuse or illegal activity on the Service.

19. Release

To the maximum extent permitted by law, you release Fankado and its affiliates, officers, directors, employees, agents, and successors from claims arising out of or related to your interactions with other users or third parties and your use of third-party services. If you are a California resident, you waive California Civil Code §1542 (and any similar statute).

20. Assumption of Risk

You acknowledge that:

21. Indemnification

You agree to defend, indemnify, and hold harmless Fankado and its affiliates from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) your use or misuse of the Service or Cards; (ii) your breach of these Terms or Supplemental Terms; (iii) your violation of law or third-party rights; (iv) User Content or, if you are a Creator, Creator Materials; or (v) any Losses.

22. Tax Compliance & Prohibited Transactions

You agree not to use the Service to evade taxes or to manipulate transactions (e.g., self-dealing across accounts at artificial prices to reduce taxes before requesting shipment or payout). We may suspend/terminate accounts and report suspicious activity to authorities.

Transaction Compliance. You may not use Cards, Points, Credits, trades, transfers, burns, redemptions, claims, or related features for tax evasion, money laundering, sanctions evasion, fraud, artificial loss creation, self-dealing, or the transmission of value for unrelated goods or services. Fankado may request identity, tax, or transaction information; impose holds or limits; refuse or reverse activity where legally permitted and technically feasible; preserve records; and report activity when required by law.

23. Disclaimers

THE SERVICE AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, FANKADO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, SECURITY, OR THAT DEFECTS WILL BE CORRECTED. YOU USE THE SERVICE AT YOUR OWN RISK.

24. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FANKADO WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. IN NO EVENT WILL FANKADO’S TOTAL LIABILITY EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID TO FANKADO FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM. Some jurisdictions do not allow certain limitations; some terms may not apply to you.

25. Dispute Resolution; Arbitration; Class Action Waiver

  1. Arbitration Agreement. You and Fankado agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules (if under $250,000, exclusive of fees/interest) or Comprehensive Rules (if at or above $250,000). The Federal Arbitration Act governs interpretation and enforcement.
  2. Venue & Procedure. You may elect a hearing by written submissions, teleconference, or in person in San Francisco, California or another mutually agreed location. Judgment on the award may be entered in any court of competent jurisdiction.
  3. Individual Basis Only. No class actions or representative proceedings. The arbitrator may award relief only in favor of the individual party seeking relief.
  4. Small Claims; IP. Either party may pursue eligible claims in small claims court. Either party may seek injunctive relief for IP misuse in court.
  5. 30-Day Opt-Out. You may opt out of arbitration within 30 days of first acceptance of these Terms by emailing legal@fankado.com with your name, account email, and a clear statement that you opt out of arbitration.
  6. Severability. If the class-action waiver is found unenforceable as to a particular claim, that claim must be heard in court; the remainder arbitrates.

26. Suspension; Termination; Service Changes

We may modify, suspend, or discontinue any part of the Service at any time; impose or modify eligibility, verification, quantity, or geographic restrictions; and suspend or terminate accounts for suspected violations, fraud, or risk. You are not entitled to compensation for such actions except where required by law.

Before discontinuing a feature, Fankado may provide a transition or claim period where commercially reasonable and legally appropriate, but does not guarantee continued transferability, trading, burning, Point redemption, or physical-card claiming. Termination does not entitle a User to cash compensation for Digital Cards, Points, or Credits, except where required by law or expressly stated in applicable Supplemental Terms.

27. Export; Sanctions; Anti-Corruption

You agree to comply with all applicable export controls, sanctions, and anti-corruption laws. You represent you are not located in, resident of, or ordinarily resident in any embargoed or comprehensively sanctioned jurisdiction and are not a prohibited party.

28. Privacy

Please review Fankado’s Privacy Policy (available on the Website) to understand how we collect, use, and share information about you. Our Privacy Policy describes how we collect, use, disclose, and otherwise process personal information. Where consent is required by applicable law, Fankado will request it separately.

Trade, transfer, burn, redemption, and claim records may be visible to transaction participants, relevant Creators, service providers, and other persons as described in the Privacy Policy and the applicable feature interface.

29. General

These Terms (and applicable Supplemental Terms/Official Rules) form the entire agreement between you and Fankado. If any provision is held invalid, the remainder remains in effect. You may not assign these Terms without our prior written consent; we may assign freely. Governing law: California law (without regard to conflicts principles), except that the FAA governs arbitration. Venue for any non-arbitrable claims: state or federal courts in San Francisco, California. No waiver of any term is a further or continuing waiver. Contact: support@fankado.com (general), legal@fankado.com (legal), copyright@fankado.com (copyright).

Annex A — Creator Supplemental Terms (Summary)

  1. Scope & License. As provided in Section 6 above. Creator grants rights to Fankado to create and commercialize Cards (digital/printed), Packs, and promotional materials.
  2. Exclusivity. Campaign-specific exclusivity (e.g., category, design, likeness context) as agreed in the order form.
  3. Approvals. Good-faith artwork/title/pose approvals with timeboxed review windows; silence after the window counts as approval.
  4. Revenue Share. 50% of Net Revenue (as defined in section 6(F)) allocated to Creator, subject to holds/reserves/offsets and audit.
  5. Compliance. FTC endorsement compliance, platform policies, moral clauses (e.g., Fankado may suspend a campaign for material reputational harm, credible illegality, or safety concerns). Creator will adhere to Creator Program Guidelines and Content Standards published by Fankado and updated from time to time, including file formats, resolution, brand-safety requirements, and proof-of-rights documentation.
  6. Deliverables. Asset specs, minimum content quality, release schedule, promotional posts (if applicable). Fankado may reject or require revision of any submission that, in Fankado’s reasonable judgment, fails to meet quality, legal, or brand-safety criteria.
  7. Term; Wind-Down. Campaign term; reprint rights; 24-month wind-down/license tail for inventory and archival use.
  8. Live-Ops Changes. Fankado may adjust rarity tables, pack compositions, supply caps, AMOE parameters, or distribution pace to fight fraud, meet demand, or comply with law, with commercially reasonable efforts to preserve campaign integrity.
  9. Payouts. Monthly or milestone-based, subject to risk holds; Creator portal reporting; KYC/AML/Tax compliance required.
  10. Indemnities. Creator indemnifies Fankado against all third-party claims and all Losses related to Creator’s products, representations, or promotions, including excessive chargebacks.
  11. Insurance. Each party to maintain commercially reasonable insurance for its obligations.
  12. Publicity. Mutual right to reference the partnership; Creator grants reasonable use of name/likeness in case studies and press.