Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") are an agreement between you and Gatherfan, Inc., a Delaware corporation ("Gather", "we", "us"), and they govern your use of the Gather mobile application and the gather.fan website (together, the "App"). By creating an account, or by continuing to use the App after these Terms take effect, you agree to these Terms and to our Privacy Policy. If you do not agree, do not create an account and do not use the App.

When you create an account we show you these Terms and the Privacy Policy and record which version was in force and when you accepted it. You can read the current versions at any time in the App's Settings and at gather.fan/terms and gather.fan/privacy. Your use of the App is also subject to the terms of the Apple App Store or Google Play, as applicable. These Terms are governed by Delaware law and the Federal Arbitration Act (see Sections 14 and 15).

2. Your Account

You can sign in with Apple, with Google, with a phone number (we send a verification code by SMS) or with an email address and password. You are responsible for the confidentiality of your sign-in method and for everything that happens under your account. If you believe someone else has used your account, contact us at info@gather.fan right away. Gather is not liable for losses caused by unauthorized use of your account, except to the extent caused by Gather's failure to maintain reasonable security measures.

Each person may hold one account. Your username is unique on Gather; usernames that are offensive, impersonate someone else or infringe a trademark are refused or may be changed by us. You can lock the App behind your device's biometric unlock in Settings; that lock is processed on your device and never sent to us.

3. Eligibility

You must be at least 13 years old to use the App, and at least 14 years old if you live in South Korea. When you create an account we ask for your year of birth; if you are under the minimum age we do not create the account and we do not keep what you entered. If we learn that an account belongs to someone under the minimum age, we close it and delete the personal information associated with it. To report such an account, contact info@gather.fan.

The App is offered through the Apple App Store and Google Play in the territories we select, which may change. It is not available where use would violate applicable law, including U.S. export control and sanctions laws administered by the Office of Foreign Assets Control.

4. Intellectual Property

4.1 Creator Content

You retain ownership of artwork and content you upload to create cards, drops, sets and hunts ("Creator Content"). By uploading Creator Content, you grant Gather a perpetual, irrevocable, worldwide, royalty-free license to: (a) display, distribute, and reproduce your Creator Content within the App; (b) create derivative works, including card frames, visual overlays, compositing, format conversion, and promotional adaptations, as necessary to render cards, operate the platform, and promote your drops, and, where a drop is configured for minting, to record your Creator Content in the metadata of the minted card; and (c) use your Creator Content to promote the App and your drops on Gather's owned channels (for example social media and marketing materials). Gather will not license your Creator Content to unaffiliated third parties for commercial purposes without your separate written consent. After account termination, this license continues solely to allow existing collectors, meaning users who acquired your cards prior to your account termination, to view cards they already own. Gather will not use your Creator Content in new promotional materials after your account is terminated. You waive any moral rights in your Creator Content to the fullest extent permitted by applicable law.

By uploading Creator Content you represent and warrant that: (a) you own it or have all rights needed to grant this license; (b) it does not infringe anyone's copyright, trademark, privacy or publicity rights; (c) Gather's use under this license will not infringe any third-party rights; and (d) if it is substantially AI-generated, you have the right to grant this license regardless of its copyright status and you have complied with the AI tool's terms. You agree to indemnify Gather against any claims arising from your Creator Content.

4.2 Collector License

When you claim, receive or are awarded a card, you receive a limited, non-exclusive, personal license to view and display that card's artwork through the App's interfaces, and to share the fan cards, claim images and links that the App generates for you. The license belongs to whoever legitimately holds the card: when you gift a card, your license for it ends and the recipient's begins. No other reproduction, distribution or sublicense rights are granted.

4.3 Copyright Notices (DMCA)

We respect intellectual property rights. To report content that infringes your copyright, send a notice to info@gather.fan including: (a) the copyrighted work you say is infringed; (b) the infringing material and where it appears in the App; (c) your name, address and telephone number; (d) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent or the law; (e) a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorized to act for the owner; and (f) your physical or electronic signature.

We remove or disable access to material identified in a valid notice promptly and tell the person who uploaded it. That person may send us a counter-notice containing: (a) the removed material and where it appeared; (b) a statement, under penalty of perjury, that they have a good-faith belief it was removed by mistake or misidentification; (c) their name, address and telephone number; (d) consent to the jurisdiction of the federal court for their district (or, outside the United States, any district where Gather may be found) and acceptance of service from the person who sent the original notice; and (e) their signature. If we receive a valid counter-notice we forward it to the original claimant and may restore the material in not less than 10 and not more than 14 business days after that, unless the claimant tells us they have filed a court action.

Sending a knowingly false notice or counter-notice may make you liable under 17 U.S.C. 512(f). We close the accounts of repeat infringers: three substantiated notices in any 12-month period, or a single willful infringement in Gather's reasonable judgement.

4.4 Gather Marks

"Gather", the Gather mark and our other logos and names belong to Gatherfan, Inc. Do not use them in a way that suggests affiliation, endorsement or sponsorship without our written permission.

4.5 Other Notices

To report content that infringes a trademark or a right of publicity, or that otherwise breaks Section 7, use the report option in the App or write to info@gather.fan with the content's location in the App, the right at issue and how we can reach you.

5. Cards, Packs and Collecting

5.1 What a card is

Gather cards are digital collectibles made for fandom, self-expression and community. They are not investments, financial instruments or stores of value, and Gather does not run, endorse or facilitate any cash market for them. Gather does not currently operate any marketplace; if we introduce card-for-card exchanges or other ways to move cards between fans, we will describe them in the App and in these Terms first.

5.2 How you get cards

Creators publish drops. A drop contains a set of card designs, each with a stated supply and, unless the creator chose to publish the drop without rarity tiers, a rarity; you can see the designs, the supply and the rarities in the App before you claim. Depending on the drop you claim a card directly, choose the card you want, or open a pack that gives you cards drawn at random from the drop's remaining supply. A drop may limit how many times each fan can claim. A creator may reserve part of a drop's supply for awards they grant to specific fans; a drop whose whole supply is reserved cannot be claimed publicly and does not appear in the Live Drops feed. Cards you are awarded, and cards you receive as gifts, are yours to keep on the same terms as cards you claimed. If Gather removes a drop or a card design under section 4.3 or section 7.3, every card made from it is removed from every collection, minted cards included, and while artwork is under review Gather may show a placeholder in its place; you will be told in the App.

5.3 Gifting

You can gift a card or an unopened pack to another fan in the App. A gift is final once sent and you cannot reverse it. Gather may reverse a transfer in cases of fraud, a stolen account or abuse, at its discretion.

5.4 Sets, hunts, badges and standing

Collecting the cards of a drop or of a creator's set completes it; hunts and sets can award badges and other recognition. You earn experience, levels, streaks and badges as you claim, complete sets and take part; some badges are granted by Gather (for example the Early Contributor badge, which carries a serial number). These are records of what you did in the App. They have no cash value and we may adjust how they are computed as the product changes.

5.5 What other fans can see

Your profile, your collection (which you can hide in Settings, except cards you pin), your badges, levels and streaks, the sets you completed, who you follow and who follows you, and your claim activity are visible to other fans. Claim activity (your display name, username and avatar together with the drop, the item claimed, its rarity and the time) appears in the App's feeds and in a drop's claim history even if you hide your collection, and stays attributed to you if you later gift the item. Your level and experience may appear in leaderboards visible to other fans. See the Privacy Policy, Section 15, for the full list.

6. Drops and Eligibility

6.1 Free

Everything in the App is free today. There is no payment system in the App. If we ever introduce paid features, we will describe them in the App and in updated Terms that you must accept before you can use them, with the protections for users under 18 that the law requires.

6.2 Gated drops

Some drops require that you meet a condition the creator set: for example that you follow the creator, that your fandom standing with the creator has reached a given level, that you hold a specific card, that you scan a code at an in-person event, or that you hold an award from the creator. The condition is shown on the drop. Meeting it lets you claim while supply remains; supply is limited and claims are served in the order they arrive. Gather has no obligation to give any particular fan a card.

7. Creators

7.1 Content standards

You may not upload content that: is illegal; infringes copyright, trademark or other intellectual property; depicts a real person (name, likeness, voice, signature or other identifying characteristics) without that person's consent, unless the depiction is clearly transformative, satirical or commentary; is sexual, violent or hateful in a way that breaks the App Store or Google Play content rules; or is AI-generated without saying so where the App asks.

7.2 Verification and the Creator API

Gather may verify creator accounts at its discretion. Verified creators can create API keys that let software they control, including AI agents, act as them through the Creator API: publish and edit drops, manage cards and sets, and read their own data. Everything done with your API key is your action under these Terms. Keep keys secret, revoke a key in Settings the moment you suspect it is exposed, and expect keys to expire and need renewal. Gather may pause API publishing for an account or for everyone to protect the service.

7.3 Enforcement

For serious violations (illegal content, child sexual abuse material, content subject to a court order, non-consensual intimate imagery, deepfakes of real people, fraud) Gather may remove content and suspend or close your account immediately and without notice. For other violations we will tell you what we found and give you a chance to respond, normally within five business days, before we take action against your account. Gather decides in its reasonable judgement whether conduct violates these Terms.

8. Minted Cards (Blockchain)

Some drops are configured so that each card claimed from them is also minted as a token on the Solana blockchain. Where that happens the App shows the card's mint address, its status and a link to a public blockchain explorer. Minting is done by Gather into wallets that Gather controls on your behalf: you do not receive a wallet or private keys, you cannot withdraw, transfer or sell a minted card outside the App, and Gather does not list or facilitate trading of minted cards anywhere. A minted card is a record that you hold the collectible; it is not an investment and is not issued with any expectation of profit.

Blockchain records are public and permanent. Your username or profile is not written to the blockchain, but a mint address shown on your profile or in a link you share can be looked up by anyone. Minting can fail or be delayed by the network; Gather retries and shows the status in the App, and is not responsible for network failures or third-party fees.

Gather is not a registered money services business or money transmitter. Gifting cards in the App is a social feature, not a payment service. If a regulator or our own analysis concludes that registration or licensing is required for any feature, we will comply or change the feature.

9. Prohibited Conduct

You may not:

• Create more than one account, or use someone else's account or API key.
• Use bots, scripts or automation to claim drops, to get around claim limits or eligibility conditions, or to manipulate levels, streaks, badges or standing.
• Upload content that infringes copyright, trademark, trade dress or a right of publicity, or that breaks Section 7.
• Upload AI-generated content without disclosing it where the App asks, or create synthetic or altered depictions of real people (deepfakes).
• Probe, attack, overload or reverse-engineer the App, its APIs or its infrastructure, or interfere with other users' use of it.
• Register domain names, social handles or trademarks that could be confused with Gather's.
• Harass, threaten or harm other users, or use the App to do anything illegal.

Gather decides, in its reasonable judgement and subject to Section 7.3, whether conduct violates these Terms.

10. Closing Your Account

10.1 By you

You can delete your account at any time in the App's Settings. Deletion is immediate: your sign-in credentials are deleted, your profile is removed and is no longer visible to anyone, and your identity reservations, push notification tokens and notifications are deleted. Records of the cards you claimed, the packs you opened, the gifts you sent or received, the accounts you followed, your activity and your badges and levels are retained by Gather but are no longer shown under a profile; they exist so that other collectors' histories and the supply of each drop stay accurate. The Privacy Policy, Section 8, explains this in detail. Deleting your account does not delete cards from the collections of fans you gifted them to.

10.2 By Gather

Gather may suspend or close your account for violating these Terms, following the procedure in Section 7.3. If cards were obtained through fraud or abuse (for example through automation or a stolen account) they may be removed. Otherwise your cards stay in your collection while a suspension or an appeal is pending.

10.3 If Gather shuts down

If Gather discontinues the App we will give you reasonable advance notice, at least 30 days where practicable, and a way to export your collection history as a data file before the App closes.

11. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GATHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GATHER MAKES NO WARRANTY ABOUT CREATOR CONTENT OR OTHER USER CONTENT, INCLUDING ITS ACCURACY, LEGALITY OR NON-INFRINGEMENT, AND NO WARRANTY THAT ANY CARD, MINTED OR NOT, HAS OR WILL HAVE ANY VALUE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GATHER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE APP. GATHER'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP SHALL NOT EXCEED THE GREATER OF (A) 250 US DOLLARS OR (B) THE TOTAL AMOUNTS YOU PAID GATHER IN THE 12 MONTHS BEFORE THE CLAIM.

THIS LIMITATION DOES NOT APPLY TO CLAIMS FOR PERSONAL INJURY, FRAUD, WILLFUL MISCONDUCT, OR VIOLATIONS OF CONSUMER PROTECTION LAWS THAT PROHIBIT LIMITING LIABILITY.

13. Informal Dispute Resolution

Before starting an arbitration or a court proceeding, send a written notice of your dispute to info@gather.fan describing the claim and the relief you seek. Gather will have 30 days to try to resolve it informally. If it is not resolved within 30 days, either party may proceed under Section 14.

14. Arbitration and Class Action Waiver

Subject to Section 13, any dispute arising from these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitrator has exclusive authority to decide the interpretation, scope, applicability and enforceability of this arbitration agreement, except that a court decides whether this Section applies to a given dispute where the law requires it. Arbitration is conducted remotely (by videoconference or written submissions) unless both parties agree otherwise. For claims under 10,000 US dollars Gather pays all AAA filing, administrative and arbitrator fees; for larger claims the AAA fee schedules apply, and Gather advances your share if you show financial hardship.

CLASS ACTIONS: YOU WAIVE YOUR RIGHT TO TAKE PART IN CLASS ACTION LAWSUITS AND CLASS-WIDE ARBITRATION. You keep the right to bring an individual claim in small claims court, and nothing in this Section prevents you from seeking public injunctive relief in court where the law requires (including under California's McGill rule). If the class action waiver is found unenforceable for a particular claim, that claim proceeds in court while all other claims stay in individual arbitration.

15. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law rules. If you live in a state or country whose consumer protection laws give you rights that cannot be waived by contract, those rights are not affected by this choice of law.

16. Changes to These Terms

We may update these Terms. For changes that do not reduce your rights or expand your obligations, we post the new version in the App and at gather.fan/terms with a new effective date at least 7 days before it takes effect; continuing to use the App after that date is acceptance. For material changes (introducing any paid feature; changing Sections 13, 14 or 15; reducing your rights or expanding your obligations; or materially changing how we handle your personal data) we ask you to accept the new version in the App before you continue, and you can delete your account instead. We keep a record of which version you accepted and when.

17. Severability

If any provision of these Terms is found unenforceable or invalid, it is limited or removed to the minimum extent necessary and the rest of the Terms remain in force.

18. Entire Agreement

These Terms and the Privacy Policy are the entire agreement between you and Gather about the App and replace any earlier agreements or statements. If they conflict, these Terms control. A separate written agreement between you and Gather (for example a creator agreement) governs what it covers.

19. Contact

Gatherfan, Inc., a Delaware corporation.

All notices, legal inquiries, copyright notices and privacy requests: info@gather.fan.