Terms and Conditions

AGREEMENT TO OUR LEGAL TERMS

We are Fantastic Athletes Corporation ("Company," "we," "us," "our"), a corporation incorporated in the State of Delaware, United States, with its principal place of business at 2350 Phillips Rd, Tallahassee, FL 32308, USA.

We operate the website https://fantasticwe.com (the "Site") and the application at https://app.fantasticwe.com, as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

FantasticWE (Beta), referred to as FantasticWE from this point on, is a performance-improvement and data platform for video games, esports, and traditional sports. The Fantastic Athletes Corporation and FantasticWE names, logos, trademarks, service marks, patented technology, and all related intellectual property are protected by patent, trademark, copyright, and other intellectual property laws. Our patented technology includes U.S. Patent Nos. 11,113,332 B2; 11,429,666 B2; and 12,038,971 B2.

You can contact us by email at support@fantasticwe.com or by mail to 2350 Phillips Rd, Tallahassee, FL 32308, USA.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Fantastic Athletes Corporation, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled material changes to the Services you are using. The modified Legal Terms will become effective upon posting or upon our notifying you at the email address associated with your account. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. Users under the age of 13 are not permitted to use the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PURCHASES AND PAYMENT
6. SUBSCRIPTIONS
7. PROHIBITED ACTIVITIES
8. USER GENERATED CONTRIBUTIONS
9. CONTRIBUTION LICENSE
10. USER CONTENT: FOOTAGE, MARKINGS, AND REPORTS
11. ORGANIZATIONS, COACHES, AND TEAM ACCOUNTS
12. THIRD-PARTY WEBSITES AND CONTENT
13. SERVICES MANAGEMENT
14. PRIVACY POLICY
15. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
16. TERM AND TERMINATION
17. MODIFICATIONS AND INTERRUPTIONS
18. GOVERNING LAW
19. DISPUTE RESOLUTION
20. CORRECTIONS
21. DISCLAIMER
22. LIMITATIONS OF LIABILITY
23. INDEMNIFICATION
24. USER DATA
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
26. CALIFORNIA USERS AND RESIDENTS
27. MISCELLANEOUS
28. PAYMENT PROCESSING SERVICES AND CUSTOMER PORTAL
29. USER REGISTRATION AND GUARDIAN REQUIREMENTS
30. SUBSCRIPTION MANAGEMENT AND CANCELLATION SLA
31. GLOBAL BRAND PROTECTION AND TRADEMARK RIGHTS
32. USER-TO-USER DATA SHARING
33. MARKETING COMMUNICATIONS AND EMAIL CONSENT
34. SERVICE LEVEL AGREEMENTS AND PERFORMANCE STANDARDS
35. THIRD-PARTY SERVICE DEPENDENCIES
36. INTERNATIONAL COMPLIANCE AND JURISDICTIONAL VARIATIONS
37. CUSTOMER SUPPORT SERVICE LEVEL AGREEMENT
38. CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

The Services are not tailored to comply with industry-specific regulations (HIPAA, FISMA, etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

FantasticWE is a tool for personal and team performance analysis of recorded gameplay and sports footage. The Services operate on recorded footage that you load; they do not capture, record, or broadcast live play.

Beta stage. The Services are currently offered in an open beta stage. Beta services are under active development: features may be added, changed, interrupted, or removed, and you may encounter bugs, errors, inaccurate output, or downtime. We work continuously to identify and fix issues, and we appreciate reports at support@fantasticwe.com. Your use of the Services during the beta stage is subject to the disclaimers in Section 21.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our intellectual property includes, without limitation, our patented methods for collecting and processing progressivistic performance metadata in sports and esports.

Our Content and Marks are protected by copyright, patent, and trademark laws and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.

Your submissions and contributions

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. This section does not apply to your User Content, which is governed by Section 10.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental or guardian permission and supervision; (6) you will not access the Services through automated or non-human means; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation.

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

All payments are processed through our third-party payment processor, Stripe. The payment methods available to you (which may include major credit and debit cards and digital wallets) are displayed at checkout and may change over time.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

6. SUBSCRIPTIONS

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.

Cancellation

All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at support@fantasticwe.com.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Upload or transmit viruses, Trojan horses, or other malicious material.
• Engage in any automated use of the system, such as using scripts or data mining tools.
• Attempt to impersonate another user or person.
• Interfere with, disrupt, or create an undue burden on the Services.
• Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Reverse engineer, decompile, or attempt to derive the methods, formulas, or proprietary logic underlying our analytics or scoring.
• Use the Services as part of any effort to compete with us.
• Upload, load, or analyze any footage or content that you do not have the right to use (see Section 10).
• Sell or otherwise transfer your profile.

8. USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other community functionality. Any such public or community Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you represent and warrant that your Contributions comply with all applicable laws and these Legal Terms. This Section and Section 9 apply to community Contributions only; your private session footage, markings, and reports are governed by Section 10.

9. CONTRIBUTION LICENSE

By posting your community Contributions (such as forum posts, chat messages, or other content you make publicly available within the Services) to any part of the Services, you automatically grant us a non-exclusive, transferable, royalty-free, worldwide right and license to host, use, copy, reproduce, disclose, publish, broadcast, store, translate, and distribute such community Contributions for the purpose of operating, promoting, and improving the Services. This license does not apply to your User Content under Section 10.

10. USER CONTENT: FOOTAGE, MARKINGS, AND REPORTS

"User Content" means the video footage and links you load (including local files and YouTube, Twitch, or other third-party links), the markings, tags, and event data you create, and the resulting session reports and analytics ("Markings").

Your responsibility for footage. You represent and warrant that, for any footage you load or link, you either (a) own it, (b) have the necessary rights, licenses, or permissions to use it, or (c) your use constitutes a permitted personal, non-commercial analysis under applicable law. You are solely responsible for the footage you load and for compliance with the terms of any third-party platform (including YouTube and Twitch) from which you link or source footage. You must not load footage that infringes any third party's intellectual property, privacy, or publicity rights.

License you grant to us (limited). You retain ownership of your User Content. You grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, copy, transmit, process, and display your User Content solely as necessary to operate and provide the Services to you and any organization or users with whom you choose to share it. We do not sell, publish, broadcast, or publicly distribute your private footage, Markings, or session reports, and we do not claim ownership of them.

Aggregated and de-identified data. You agree that we may create and use aggregated, anonymized, and de-identified data derived from Markings and event data (data that does not identify you or any individual) for any lawful business purpose, including improving the Services, research, analytics, benchmarking, and building performance datasets. This right survives termination of your account.

Deletion. Footage is retained and deleted in accordance with our Privacy Policy. You may delete your User Content at any time through your account, subject to the retention periods described in the Privacy Policy.

11. ORGANIZATIONS, COACHES, AND TEAM ACCOUNTS

If you access the Services through an organization (such as a school, college, club, or team) that purchases or manages your subscription:

• The organization purchases and manages the subscription and the seats associated with it, and sets its own policy for how its members should use the Services and what it expects from that use. The organization is responsible for communicating that policy to its members.
• The organization and its coaches do not automatically have access to your footage, Markings, session reports, or performance analytics. Your data becomes visible to coaches, teammates, or the organization only if and when you choose to share it using the Services' sharing features (such as Squads or Add a Friend), or as otherwise required by the organization's own policy, which the organization is responsible for communicating to you.
• The organization is responsible for obtaining any consents required from its members (including, where applicable, parents or guardians of minors).

Member use is governed by the organization. How members use the Services — including downloading, exporting, or sharing clips, statistics, and reports with others — is governed by the organization's own policy and the permissions the organization grants. The organization, not FantasticWE, is responsible for setting, communicating, and enforcing that policy and for its members' use of these features.

If you are an organization administrator, you represent that you are authorized to bind the organization to these Legal Terms and that you have communicated your usage policy to, and obtained all necessary consents from, your members.

12. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to other websites ("Third-Party Websites") as well as content belonging to third parties. Such Third-Party Websites and content are not investigated, monitored, or checked for accuracy by us, and we are not responsible for any Third-Party Websites accessed through the Services, including YouTube, Twitch, and similar platforms from which you may source footage.

13. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) refuse, restrict access to, or disable any of your Contributions or User Content; (4) remove from the Services any files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property.

14. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States.

15. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications. We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent.

Designated Copyright Agent
Bryan Fink
Attn: Copyright Agent
20275 Millbrook Dr
Abingdon, VA 24211
United States
bj.fink@fantasticwe.com

We will respond to valid notices in accordance with the DMCA, including by removing or disabling access to infringing material and terminating the accounts of repeat infringers where appropriate.

16. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON.

17. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We cannot guarantee the Services will be available at all times.

18. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Subject to Section 19, the exclusive venue for any matter not subject to arbitration shall be the state and federal courts located in Florida.

19. DISPUTE RESOLUTION

Informal Negotiations. The Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.

Binding Arbitration. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association ("AAA").

Restrictions. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. No arbitration shall be joined with any other proceeding, and there is no right for any Dispute to be arbitrated on a class-action basis.

20. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

21. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. THE SERVICES ARE CURRENTLY PROVIDED IN AN OPEN BETA STAGE: YOU ACKNOWLEDGE THAT BETA SERVICES MAY CONTAIN BUGS, ERRORS, AND INACCURACIES, AND MAY BE INTERRUPTED, CHANGED, OR DISCONTINUED AT ANY TIME. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

FantasticWE is a performance-analysis and educational tool. Insights, reports, and analytics are provided for informational purposes only and do not constitute professional coaching, medical, psychological, or financial advice. You are responsible for your own decisions and outcomes.

22. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES. IN ANY CASE, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

23. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand arising out of: (1) your Contributions or User Content; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties; (5) your violation of the rights of a third party, including any copyright, privacy, or publicity right in footage you load; or (6) any overt harmful act toward any other user of the Services.

24. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

26. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

27. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.

28. PAYMENT PROCESSING SERVICES AND CUSTOMER PORTAL

We use Stripe, Inc. and its affiliates ("Stripe") as our third-party payment processor for all transactions. By making a purchase or subscribing to our Services, you agree to Stripe's Services Agreement and Payment Method Terms. FantasticWE subscribers may manage recurring payments through Stripe's customer portal, including: real-time viewing of active subscriptions and payment history; updating payment methods; cancelling or downgrading subscriptions; and downloading invoices compliant with local tax regulations.

29. USER REGISTRATION AND GUARDIAN REQUIREMENTS

To register a user on the FantasticWE platform as a guardian, you must meet all applicable legal requirements for guardianship in your jurisdiction. Additionally, regardless of local laws, FantasticWE requires that all guardians be at least twenty-one (21) years of age at the time of registration. A guardian registering on behalf of a minor (a user aged 13–17) consents to that minor's use of the Services and is responsible for supervising that use.

30. SUBSCRIPTION MANAGEMENT AND CANCELLATION SLA

FantasticWE users must cancel subscriptions at least 48 hours before renewal via the Stripe customer portal or via email request to support@fantasticwe.com. Late cancellations may incur charges for the upcoming billing cycle without proration. Upon cancellation, your access to paid features will continue until the end of your current billing period.

31. GLOBAL BRAND PROTECTION AND TRADEMARK RIGHTS

The Fantastic Athletes Corporation and FantasticWE name, logo, trademarks, service marks, and all related intellectual property are protected by trademark, copyright, patent, and other intellectual property laws in the United States and internationally. You are prohibited from using, reproducing, distributing, or creating derivative works of our brand elements without our express written permission.

32. USER-TO-USER DATA SHARING

Sharing on FantasticWE is opt-in for both sides. You may choose to send clips and statistics to other users who are active on the FantasticWE platform; the recipient can accept or reject what you send, and can remove it afterward. Users are added to a Squad only after they approve the invitation. When you share, you consent to the recipient(s) viewing the data and analytics contained in what you shared, and you are responsible for choosing what to share and with whom. If you participate through an organization, your organization's policy may also govern sharing.

33. MARKETING COMMUNICATIONS AND EMAIL CONSENT

By creating an account or making a purchase, you expressly consent to receive marketing communications from us via email, SMS, and other electronic means. You may withdraw your consent and unsubscribe from marketing communications at any time by clicking the unsubscribe link in our emails or by contacting us directly.

34. SERVICE LEVEL AGREEMENTS AND PERFORMANCE STANDARDS

We strive to maintain high service availability and performance standards. Our target uptime is 99.5% monthly, calculated excluding scheduled maintenance windows announced at least 24 hours in advance. Service credits are our sole remedy for performance issues and must be claimed within 30 days of the incident.

35. THIRD-PARTY SERVICE DEPENDENCIES

Our platform integrates with various third-party services including but not limited to Stripe for payments, Amazon Web Services (AWS) for hosting and video storage, Discord for community features, and AWS SES for email. The availability and functionality of these integrations depend on the continued operation of these third-party services. We are not responsible for any disruptions caused by third-party service providers.

36. INTERNATIONAL COMPLIANCE AND JURISDICTIONAL VARIATIONS

As our Services are offered globally, certain features or terms may vary based on your geographic location to comply with local laws and regulations. Where local laws provide greater consumer protections than these terms, such local laws shall apply to the extent required.

37. CUSTOMER SUPPORT SERVICE LEVEL AGREEMENT

Fantastic Athletes Corporation is committed to providing timely and effective customer support for all FantasticWE users. Our support team strives to respond to all inquiries within two (2) business days during standard business hours (Monday through Friday, 9:00 AM to 5:00 PM Eastern Time, excluding public holidays). To contact support: support@fantasticwe.com

38. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Fantastic Athletes Corporation
2350 Phillips Rd, Tallahassee, FL 32308, USA
United States
support@fantasticwe.com