TERMS
FanVids Engagement Platform — Comprehensive Terms of Service, Privacy Policy, Data Processing Agreement, and Binding Corporate Rules
Also see: Copyright Policy, Community Guidelines
Last Updated: July 1, 2025
IMPORTANT: This document contains provisions that affect your legal rights. Please read carefully. Different sections apply to different roles (end-users vs. Sponsors).
Table of Contents
- Introduction and Definitions
- Platform Usage and Eligibility (Applies to All Users)
- Content Submission and Rights (Applies to All Users)
- Privacy Policy (Applies to All Users)
- Data Protection – Additional Terms for Sponsors
- Data Processing Agreement (DPA) – For Sponsors Only
- Binding Corporate Rules (BCRs) – For Sponsors Only
- Cross-Border Data Transfers (Applies to All Users)
- Security Measures (Applies to All Users)
- User Rights and Consent Management (Applies to All Users)
- Children's Privacy (Applies to All Users)
- Cookies and Tracking Technologies (Applies to All Users)
- Disclaimer of Liability (Applies to All Users)
- Indemnification (Applies to All Users)
- Dispute Resolution (Applies to All Users)
- Changes to This Agreement (Applies to All Users)
- Contact Information (Applies to All Users)
- Other Documents and Policies Incorporated By Reference
- Platform Protection Provisions (Applies to All Users)
- Consent
1. Introduction and Definitions
1.1 Welcome to the FanVids Engagement Platform ("Platform"). This Platform is operated by FanVids, Inc. ("FanVids", "we", "us", or "our"). This document comprises a comprehensive agreement governing the use of the Platform and includes our Terms of Service, Privacy Policy, Data Processing Agreement, and Binding Corporate Rules as applicable.
1.2 Definitions:
"Sponsor": Any entity (e.g., artist, label, manager) with a unique subdomain on the Platform and using the Platform to engage with end-users.
"End-User": Any individual accessing or using the Platform toview content or interact with a Sponsor (but not acting as a Sponsor themselves).
"User": Refers to either an End-User or a Sponsor, unless explicitly stated otherwise.
"Content": Any videos, images, pictures, photographs, or other visual media submitted to the Platform.
"Video Content": Any moving image content, including digital video files, animations, and motion graphics.
"Image Content": Any still images, including photographs, digital artwork, and graphic designs.
"Submission": Any Content uploaded to the Platform by a User.
"Personal Data": Any information relating to an identified or identifiable natural person ('data subject').
"Processing": Any operation or set of operations which is performed on Personal Data or on sets of Personal Data.
"Data Controller": The entity which determines the purposes and means of the Processing of Personal Data.
"Data Processor": An entity which processes Personal Data on behalf of the Data Controller.
"Data Subject": The identified or identifiable natural person to whom Personal Data relates.
"Binding Corporate Rules(BCRs)": Data protection policies adhered to by multinational organizations for transfers of personal data across their international entities.
"AI Processing": Any automated analysis, decision-making, or content moderation performed using artificial intelligence or machine learning technology.
"Automated Content Moderation": The use of AI technology to analyze and review User Content for compliance withPlatform guidelines and safety standards.
"Third-Party Services": External service providers integrated with the Platform to provide specific functionality, including but not limited to content processing, delivery, and analysis services.
1.3 Acceptance: By using the Platform (whether you are an End-User or a Sponsor), you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, do not use the Platform.
2. Platform Usage and Eligibility (Applies to All Users)
2.1 The FanVids Engagement Platform is designed to provide fans with an interactive and engaging experience allowing them to connect with various artists, labels, and managers ("Sponsor") and their communities. Each Sponsor has a unique subdomain on the FanVids Platform (e.g., band1.fanvids.io, artist2.fanvids.io).
2.2 Eligibility: The FanVids Engagement Platform is open to users who are legal residents of countries where such platforms are permitted by law. Void where prohibited. Users must have reached the age of majority in their country of residence and have Internet access. Any user(s) under the age of majority will need a parent's or legal guardian's permission to participate.
2.3 User Accounts; Account Security: If the Platform requires you to create or maintain a user account, you agree to:
- Provide accurate, current, and complete information when creating your account.
- Maintain the security and confidentiality of your account credentials.
- Promptly notify FanVids at support@fanvids.io of any unauthorized access to or use of your account.
- Be responsible for all activities that occur under your account.
FanVids reserves the right to suspend or terminate your account, or any portion thereof, at any time and for any or no reason, with or without notice.
3. Content Submission and Rights (Applies to All Users)
3.1 Content Submission Requirements: To participate, upload your Content on the FanVids Engagement Platform. Video Content must not exceed the duration stated on the platform, if any. Image Content must meet the format and size requirements specified on the platform, if any.
3.2 Content must:
- Respond to the prompt stated on the platform.
- Meet the technical specifications provided on the platform.
3.3 Content must NOT:
- Exceed the specified technical limitations.
- Contain material which is sexually explicit, obscene, pornographic, violent, discriminatory, illegal, offensive, threatening, profane, or harassing.
- Infringe upon any copyrighted media.
- Contain material that violates or infringes another's rights.
3.4 Image Content specifically:
- Must not contain watermarks, borders, or text overlays unless explicitly permitted by the prompt.
- Must not be manipulated or edited in ways that misrepresent the subject matter.
- Must not be composite images unless explicitly permitted by the prompt.
- Must not include identifiable individuals without their express consent.
- Must not include any metadata that contains personal or sensitive information.
3.4.2 Automated Enforcement: Content compliance with the requirements in this Section 3 is enforced through automated content moderation technology. All submitted Content undergoes automated analysis to detect potential violations of these guidelines. Users acknowledge and consent to this automated processing as part of Platform usage.
3.5 Video Content specifically:
- Must not include third parties without their express authorization.
- Must not use music that isn't originally written, performed, and produced by you, the user.
3.6 Rights in Submissions: Users will retain copyright in their work, but each user grants to Sponsor a non-exclusive, worldwide, perpetual, assignable, royalty-free license to publish, reproduce, distribute, display, perform, create derivative works, transmit, or disseminate the Content in all media or platforms whether now known or hereafter invented.
3.7 Prohibited Uses: In addition to the specific Content Submission Requirements above, you agree that you will not:
- Use the Platform for any unlawful, fraudulent, or malicious purpose.
- Attempt to gain unauthorized access to any portion of the Platform.
- Use any automated means to access, acquire, copy, or monitor any portion of the Platform.
- Introduce any malicious or technologically harmful material.
- Attempt to interfere with the proper working of the Platform.
- Use automated tools or AI to generate or modify Content without explicit disclosure and permission from the Sponsor.
3.8 Artificial Intelligence and AutomatedProcessing:
3.8.1 Automated Content Analysis: All Content submitted to the Platform is automatically analyzed using Amazon Web Services(AWS) Rekognition artificial intelligence technology to ensure compliance with platform guidelines and safety standards. This automated review scans for inappropriate content, policy violations, and potential safety concerns.
3.8.2 AI Processing Purpose: The AI analysis is conducted solely for content moderation purposes and is not used for user profiling, automated decision-making affecting user accounts, or training of AI models.
3.8.3 Human Oversight: While AI technology provides initial content screening, all significant decisions affecting users (including account suspension or permanent content removal) involve human review. Users maintain the right to request human review of any automated content moderation decisions.
3.8.4 AI Decision Appeals: If your content is flagged by automated systems, you will receive notification of the specific policy concern. You may appeal any automated content moderation decision by contacting support@fanvids.io. Our team will conduct a human review and respond within 5 business days.
3.8.5 AI Processing Transparency: Users will be clearly notified when content has been subject to automated analysis. The specific AI involvement (automated content screening via AWS Rekognition) is disclosed in our technical documentation and this Agreement.
3.8.6 Data Processing for AI: AWS Rekognition processes content in real-time for moderation purposes and does not retain personal data from the analysis beyond what is necessary for Platform functionality. AI analysis results are retained only as long as necessary for content moderation purposes and are subject to our standard data retention policies.
4. Privacy Policy (Applies to AllUsers)
4.1 Data Collection and Use:
We collect personal the following categories of information such as name:
Account Information: Name, email address, and location when you create an account or submit content, and optional data fields as selected by the applicable Sponsor.
User-Generated Content: Videos, images, and associated metadata including upload timestamps, file properties, and technical specifications.
Usage Analytics: IP address, device information, browser type, operating system, and browsing activity patterns on the Platform.
Session Data: Login times, access patterns, session duration, and Platform interaction history.
Interaction Data:Engagement metrics, content preferences, viewing patterns, and user behavior analytics.
Content Metadata: Technical file properties, creation timestamps, device information from content creation, and Platform-generated content identifiers.
User-Generated Content may be used by the Sponsor for promotional purposes, subject to your explicit consent. We collect usage data including IP address, device information, and browsing activity and the rights granted in Section 3.6.
4.2 Data Retention:
We retain personal data for as long as necessary to provide our services, comply with legal obligations, resolve disputes, and enforce our agreements.User-generated content may be retained indefinitely unless explicitly deleted by the user or Sponsor.
4.2.1 AI Processing Data Retention: Data and results from automated content analysis and AI processing are retained only as long as necessary for content moderation purposes and Platform safety. AI analysis data is not used for model training, algorithm improvement, or any purpose beyond the specific content moderation function. Such data is subject to the same retention periods and deletion procedures as other Platform data described in this Section 4.2.
4.3 Data Protection and Privacy:
FanVids is committed to complying with applicable privacy laws and regulations globally, including GDPR, CCPA, PIPEDA, LGPD, APPI, and the Australian PrivacyAct.
5. Data Protection — Additional Terms for Sponsors
5.1 Acknowledgment of Responsibilities: As a Sponsor using the FanVids Platform, you acknowledge that you are acting as a Data Controller. You are responsible for determining the purposes and means of processing Personal Data collected through the Platform.
5.2 Responsibility for Data Processing Activities:
You will at all times comply with all applicable Data Protection Laws in connection with the Processing of Personal Data.
5.3 Providing Transparency to Users:
You are responsible for providing clear and comprehensive information to users about your data collection and processing practices.
5.4 Data Security and Storage:
You must implement and maintain appropriate technical and organizational measures to protect personal data.
5.5 Consent Management:
You are responsible for ensuring that you obtain valid consent from users for the collection and processing of their personal data, where required by applicable data protection laws.
5.6 Cross-Border Data Transfers:
If you transfer personal data to a country or territory outside the data subject's jurisdiction, you must comply with all applicable data protection laws.
5.7 Right to Audit:
You will have the right, upon reasonable notice and subject to appropriate confidentiality obligations, to audit the data protection and security measures implemented by FanVids.
6. Data Processing Agreement (DPA) — For Sponsors Only
6.1 Definitions: Unless otherwise defined herein, capitalized terms shall have the meaning ascribed to them in the Agreement.
6.2 Processing of Personal Data:
- FanVids shall Process Personal Data only on behalf of and in accordance with Controller's documented instructions.
- FanVids shall inform Controller if, in its opinion, an instruction infringes Data Protection Laws.
6.3 Confidentiality:
FanVids shall ensure that persons authorized to Process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
6.4 Security:
FanVids shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk.
6.5 Sub-processing:
Controller authorizes FanVids to engage sub-processors. FanVids shall inform Controller of any intended changes concerning the addition or replacement of sub-processors.
6.6 Data Subject Rights:
FanVids shall assist Controller in responding to requests for exercising the data subject's rights under Data Protection Laws.
6.7 Personal Data Breach:
FanVids shall notify Controller without undue delay after becoming aware of a Personal Data Breach.
6.8 Data Protection Impact Assessment:
FanVids shall provide reasonable assistance to Controller with any data protection impact assessments.
6.9 Deletion or Return of Personal Data:
FanVids shall, at the choice of Controller, delete or return all the Personal Data to Controller after the end of the provision of services relating to Processing.
6.10 Audits:
FanVids shall make available to Controller all information necessary to demonstrate compliance with the obligations laid down in this DPA.
7. Binding Corporate Rules (BCRs) — For Sponsors Only
7.1 Scope and Binding Nature:
These BCRs apply to all entities within the FanVids corporate group and are legally binding on all employees and subcontractors.
7.2 Data Protection Principles:
FanVids adheres to the principles of lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity and confidentiality, and accountability.
7.3 Data Subject Rights:
FanVids respects and facilitates the exercise of data subject rights, including the right to access, rectification, erasure, restriction of processing, data portability, and objection.
7.4 Complaint Mechanism:
Data subjects may file complaints through our dedicated complaint handling process at support@fanvids.io.
7.5 Liability:
The FanVids entity in the EU accepts responsibility for and agrees to take the necessary action to remedy the acts of other group members outside the EU and to pay compensation for any damages resulting from the violation of the BCRs.
7.6 Cooperation with Supervisory Authorities:
All FanVids entities agree to cooperate with and accept to be audited by the supervisory authorities.
7.7 Updates to BCRs:
Any substantial changes to these BCRs will be reported to the supervisory authorities.
8. Cross-Border Data Transfers (Applies to All Users)
8.1 FanVids implements appropriate safeguards for international data transfers, including Standard Contractual Clauses and Binding Corporate Rules.
8.2 Users acknowledge and consent to the transfer of their Personal Data to countries outside their jurisdiction, subject to appropriate safeguards.
8.3 AI Processing Transfers: Content submitted to the Platform may be processed by artificial intelligence services (including AWS Rekognition) that operate across multiple jurisdictions as part of our global cloud infrastructure. Such AI processing is subject to the same data protection safeguards, Standard Contractual Clauses, and Binding CorporateRules as other Platform services described in this Section 8.
9. Security Measures (Applies to All Users)
9.1 FanVids implements appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including:
- Encryption of personal data
- Ability to ensure ongoing confidentiality, integrity, availability, and resilience of processing systems and services
- Ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident
- Process for regularly testing, assessing, and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing
10. User Rights and Consent Management (Applies to All Users)
10.1 Users have the right to:
- Access their Personal Data
- Rectify inaccurate Personal Data
- Erase their Personal Data
- Restrict processing of their Personal Data
- Data portability
- Object to processing of their Personal Data
10.2 Users can exercise these rights by contacting support@fanvids.io.
10.3 AI Processing Rights: In addition to the rights listed above, users have the following specific rights regarding automated processing
- Right to be informed when automated processing affects their content or accoun
- Right to request human review of automated content moderation decisions
- Right to receive explanation of automated processing logic and decision factors
- Right to appeal automated decisions through our support process at support@fanvids.io
- Right to opt-out of automated processing where technically feasible (noting that this may limit Platform functionality)
These rights may be exercised by contacting support@fanvids.io with specific reference to "AI Processing Rights."
11. Children's Privacy (Applies to All Users)
11.1 FanVids does not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we will take steps to delete such information.
12. Cookies and Tracking Technologies (Applies to All Users)
12.1 FanVids uses cookies and similar tracking technologies to collect information about your browsing activities over time and across different websites.
12.2 Users can control cookies through their browser settings and other tools.
13. Disclaimer of Liability (Applies to All Users)
13.1 FanVids disclaims all liability for:
- Content provided by users or Sponsors
- Losses arising from use of the Platform
- Technical issues or interruptions in service
14. Indemnification (Applies to All Users)
14.1 Users agree to indemnify and hold harmless FanVids, its affiliates, officers, agents, employees, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of their use or misuse of the Platform.
15. Dispute Resolution (Applies to All Users)
15.1 Any disputes arising from this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
15.2 The place of arbitration shall be Delaware, United States.
15.3 This Agreement is governed by the laws of the State of Delaware, without regard to its conflict of law provisions.
16. Changes to This Agreement (Applies to All Users)
16.1 FanVids reserves the right to modify this Agreement at any time. We will notify users of any material changes through email, platform notifications, or other appropriate means.
17. Contact Information (Applies to All Users)
For any questions or concerns regarding this Agreement or our privacy practices, please contact:
Data Protection Officer
FanVids, Inc.
Email: support@fanvids.io
Address: FanVids, Inc., 160 Alewife Brook Pkwy #1328, Cambridge, MA 02138
18. Other Documents and Policies Incorporated By Reference
18.1 The following documents are incorporated by reference into this Agreement:
- FanVids Platform Technical Specifications
- FanVids Copyright Policy
- FanVids Community Guidelines
18.2 Third-Party Services Integration: FanVids utilizes the following third-party services in providing the Platform functionality:
- AWS Rekognition (Amazon Web Services) - Automated content moderation and analysis
- Zencoder - Video encoding and processing service
- SendGrid - Email delivery and communication service
- Cloudflare - Content delivery network, DNS management, caching, and DDoS protection
- GitHub - Code repository and continuous integration/deployment pipeline
- Various AWS Services - Cloud infrastructure, storage, and computing services
Your use of the Platform constitutes consent to data processing by these third-party services as necessary for Platform functionality. Each service operates under their respective privacy policies and data protection measures, and data transfers to these services are governed by appropriate data processing agreements and safeguards.
Content Delivery Architecture: Content is delivered to end users through a secure, multi-tier architecture including:
- AWS S3 for primary encrypted file storage
- AWS CloudFront for global content delivery network (CDN) and optimized content distribution
- Cloudflare for additional caching, performance optimization, and DDoS protection
- VideoJS client-side player for optimized media playback across devices
- Zencoder integration for video encoding optimization and format conversion
This architecture ensures secure, fast, and reliable content delivery while maintaining data protection and privacy standards across all geographic regions.
19. Platform Protection Provisions (Applies to All Users)
19.1 The following provisions apply to ALL users of the FanVids Platform, including End-Users and Sponsors.
19.2 Platform Protection and Ownership:
- The FanVids Engagement Platform, including but not limited to its architecture, features, functionality, user interface, workflows, algorithms, and design elements (collectively, the "Platform Technology"), is the exclusive property of FanVids, Inc. and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
- FanVids owns or has licensed all proprietary rights to the Platform Technology. Nothing in this Agreement grants you any right, title, or interest in the Platform Technology except for the limited right to use the Platform as expressly set forth herein.
- Patent Protection: FanVids is actively pursuing patent protection for multiple innovative aspects of the Platform Technology. FanVids has developed and is in the process of filing patent applications covering core technologies, methodologies, and features of the Platform. These patent applications, once granted, will provide exclusive rights to FanVids for the protected technologies. Any unauthorized use, implementation, or adaptation of these patent-pending technologies is strictly prohibited and may result in patent infringement liability. FanVids is committed to continuously innovating and expanding its patent portfolio to protect all novel aspects of the Platform Technology.
19.3 Competitive Analysis and Reverse Engineering:
- You shall not, directly or indirectly, engage in any of the following activities: a) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, algorithm, structure, or organization of the Platform; b) Use the Platform to develop, directly or indirectly, any product or service that competes with the Platform or any features or functionality offered by FanVids; c) Access or use the Platform for purposes of competitive analysis, benchmarking, or market research aimed at creating a similar or competing product or service; d) Remove, alter, or obscure any proprietary notices or labels on the Platform.
If you are or become, directly or indirectly, a competitor of FanVids or are employed by or contracted with a competitor, you may not access or use the Platform without FanVids' prior written consent.
19.4 Data Collection Restrictions: You shall not use any automated means, including but not limited to scrapers, bots, crawlers, data mining tools, or similar data gathering or extraction methods, to: a) Access or collect data from the Platform; b) Monitor or copy any content or information on the Platform; c) Bypass any robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.
You may not use the FanVids API, if provided, to develop any application, service, or feature that competes with FanVids, or in any manner not expressly authorized by the API documentation.
19.4.3 AI Training Data Prohibition: You shall not use any Content, data, user information, or other information obtained from thePlatform for training artificial intelligence models, machine learning algorithms, large language models, or any automated decision-making systems, whether for commercial or non-commercial purposes. This prohibition extends to derivative data, aggregated information, and any insights derived from Platform usage.
19.5 Competitive Restrictions: During the term of your use of the Platform and for a period of twenty-four (24) months thereafter, regardless of whether you are an End-User or a Sponsor, you agree not to develop, operate, assist in the development of, or invest in any product or service that substantially replicates or competes with the Platform.
You acknowledge that by using the Platform, you are exposed to information about FanVids' business model, user engagement strategies, platform functionality, and user experience design that provides unique value, and you agree not to use this information to compete with FanVids or to assist others in competing with FanVids.
19.6 Confidential Information: You acknowledge that in using the Platform, you may gain access to confidential information regarding FanVids' business, technology, and operations ("Confidential Information"). You agree to maintain the confidentiality of all such Confidential Information and not to disclose it to any third party.
Confidential Information includes, but is not limited to, non-public information about FanVids' platform architecture, business strategies, user engagement methodologies, and other proprietary aspects of the Platform Technology.
19.7 Security and Monitoring: FanVids employs various technical measures to protect its Platform, including monitoring access patterns and usage analytics to detect potential competitive analysis or unauthorized use.
You acknowledge and consent to FanVids' use of such technical measures, and understand that accounts showing patterns consistent with competitive analysis or violation of these terms may be suspended or terminated without notice.
Circumvention of any technical measures implemented by FanVids to protect the Platform is strictly prohibited and may result in legal action.
19.8 Brand Protection: The FanVids name, logo, design elements, user interface, and distinctive user experience flows (collectively, "Brand Elements") are protected by trademark and copyright laws.
You may not use, copy, or imitate any Brand Elements in a manner that could cause confusion among users or dilute the distinctive quality of the FanVids brand.
19.9 Remedies: In addition to any other remedies available to FanVids under law, FanVids shall be entitled to seek injunctive relief to prevent or stop any breach of this Agreement.
You acknowledge that monetary damages may not be a sufficient remedy for unauthorized use of the Platform Technology or infringement of FanVids' patent rights (whether pending or granted), and that FanVids shall be entitled, without waiving any other rights or remedies, to seek injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.
In the event of patent infringement, you acknowledge that FanVids may seek all remedies available under patent law, including injunctive relief, damages (including the possibility of enhanced damages for willful infringement), and recovery of attorneys' fees in exceptional cases.
20. Consent
By using the FanVids Engagement Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement, including the Terms of Service, Privacy Policy, Data Processing Agreement (if applicable), and Binding Corporate Rules (if applicable).