Terms of Service

1. Acceptance of Terms

By checking the acceptance box during account registration, you agree to these Terms of Service ("Terms") and our Privacy Policy. If you do not agree, do not create an account. Your use of the App may also be subject to the terms of the Apple App Store or Google Play Store, as applicable. These Terms are governed by Delaware law and the Federal Arbitration Act.

2. Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at legal@gather.fan if you suspect unauthorized access. Gather is not liable for losses resulting from unauthorized use of your account, except to the extent caused by Gather's failure to maintain reasonable security measures for your account information.

3. Eligibility

You must be at least 13 years old to use the App. By accepting these Terms, you represent that you are at least 13 years old. Users between 13 and 17 years old must have the consent of a parent or legal guardian, who by affirmatively accepting these Terms on the minor's behalf agrees to be bound by all provisions herein, including the arbitration and class action waiver in Section 14.

If we learn that a user is under 13, we will delete their account and associated data immediately. To report a suspected under-13 account, contact legal@gather.fan.

The App is not available in jurisdictions subject to applicable U.S. sanctions programs, including but not limited to Iran, North Korea, Cuba, Syria, and Russia. This list is subject to change based on OFAC designations.

4. Intellectual Property

4.1 Creator Content
You retain ownership of artwork and content you upload to create cards ("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 (c) use your Creator Content to promote the App and your drops on Gather's owned channels (e.g., social media, 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 or have all necessary rights and licenses to the content; (b) the content does not infringe any third-party intellectual property, privacy, or publicity rights; (c) Gather's exercise of the license granted above will not infringe any third-party rights; and (d) if the content is substantially AI-generated, you have the contractual or other legal right to grant this license regardless of whether the AI-generated content qualifies for copyright protection under applicable law, and the content complies with the applicable AI tool's terms of use. You agree to indemnify Gather against any claims arising from your Creator Content.

4.2 Collector License
By acquiring a card through the platform, you receive a limited, non-exclusive, non-transferable personal license to view and display that card's artwork through the App's authorized interfaces. No broader reproduction, distribution, or sublicense rights are granted.

4.3 DMCA & Copyright
We respect intellectual property rights and have registered a designated DMCA agent with the U.S. Copyright Office. To submit a takedown notice, contact dmca@gather.fan with: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the infringing material and its location in the App; (c) your name, address, and telephone number; (d) a statement of good faith belief that the use is not authorized by the copyright owner, its agent, or the law; (e) a statement, under penalty of perjury, that the information in your notice is accurate and you are authorized to act on behalf of the copyright owner; and (f) your physical or electronic signature.

We will remove allegedly infringing content as promptly as practicable, ordinarily within 5 business days of a valid notice, and will notify the uploader. The uploader may submit a counter-notice within 10–14 business days containing: (a) identification of the removed material and its former location; (b) a statement, under penalty of perjury, that the material was removed by mistake or misidentification; (c) the uploader's name, address, and telephone number; (d) consent to jurisdiction of the federal district court for the uploader's district; and (e) the uploader's physical or electronic signature. If valid, content will be restored within 14 business days absent a court order to the contrary.

Filing a knowingly false takedown notice may result in liability under 17 U.S.C. § 512(f). Users with three or more substantiated copyright infringement notices within any 12-month period will be subject to account termination. Users who willfully infringe copyright — as determined in Gather's reasonable judgment — may be terminated immediately upon a first substantiated willful infringement notice.

4.4 Gather Trademarks
"Gather" and associated logos and marks are the intellectual property of Gatherfan, Inc. You may not use our marks in any way that implies affiliation, endorsement, or sponsorship without our written permission.

4.5 Trademark Takedown
For trademark infringement claims not governed by the DMCA process, contact legal@gather.fan with: (a) the trademark at issue, including any registration number or evidence of use; (b) identification and location of the allegedly infringing content in the App; (c) a statement of good faith belief that the use is not authorized by the trademark owner or the law; and (d) your name, contact information, and signature. Gather will review valid trademark notices and take appropriate action within a reasonable time.

5. Collectibles

5.1 Nature of Collectibles
Gather collectibles are digital items created for entertainment, fan expression, and community engagement. They are not designed or intended as investments, financial instruments, or stores of value. Gather does not operate, endorse, or facilitate any secondary market for collectibles. To the extent any appreciation in collectible value could occur, it would result from the preferences of other collectors — not from Gather's entrepreneurial or managerial efforts. Gather makes no effort to develop or promote a secondary market for collectibles, and you should not acquire collectibles with an expectation of profit.

5.2 Gifting
Collectible transfers are final. Once you gift a collectible, the transfer cannot be reversed by you. Gather reserves the right to reverse transfers in cases of fraud, stolen accounts, or abuse at its sole discretion.

6. Drops & Eligibility

6.1 Free Drops
All current drops are free. Gather reserves the right to introduce paid features in the future. We will provide at least 14 days advance notice before introducing any paid feature, and will require your affirmative acceptance of updated terms before you can access paid features.

6.2 Gated Drops
Some drops require eligibility criteria such as a fandom score threshold. Eligibility criteria are locked once a drop is announced. Meeting eligibility criteria guarantees eligibility, but not necessarily fulfillment if the drop is oversubscribed — in such cases, access is determined by earliest valid claim time, which will be disclosed at drop announcement. Gather retains full discretion to set criteria for future drops.

6.3 Future Paid Packs
If Gather introduces paid packs with random reveals, we will: (a) publish exact probability rates for each rarity tier in-app before any paid pack is sold; (b) require affirmative parental consent before users under 18 may access paid packs; and (c) update these Terms with dedicated paid-pack terms requiring your affirmative acceptance before launch. A paid pack purchase is for the entertainment experience of collecting and does not represent an investment.

7. Creator Terms

7.1 Content Standards
You may not upload content that is: illegal under applicable law; infringing of copyright, trademark, or other intellectual property rights; depicting real individuals — including their name, likeness, voice, signature, or other identifying characteristics — without their express consent (right of publicity); provided that clearly transformative, satirical, or commentary-based depictions may be permissible under applicable law, and you bear sole responsibility for this determination before uploading; hateful or promoting violence based on protected characteristics; sexually explicit; AI-generated or AI-assisted without clear disclosure that it is AI-generated; or synthetically depicting real individuals in a false or harmful manner (deepfakes).

Note on AI-generated content: AI-generated works may lack copyright protection under current law. By uploading AI-generated Creator Content, you represent that you have the right to grant the license in Section 4.1 regardless of copyright status, and that the content complies with the applicable AI tool's terms of use.

7.2 Enforcement
For serious violations — including, without limitation: content that is illegal under applicable federal or state law; child sexual abuse material (CSAM); content subject to a valid court order for removal; non-consensual intimate imagery; and deepfakes of real individuals — Gather may remove content and suspend or terminate your account immediately without prior notice.

For other policy violations — including disputed intellectual property infringement, right-of-publicity concerns, hate speech, and AI disclosure requirements — Gather will provide written notice describing the alleged violation and an opportunity to respond within 5 business days before imposing account-level consequences.

Any future conduct categories not addressed by this section will be governed prospectively through updates to these Terms with the notice described in Section 16.

8. On-Chain Minting (Future Feature)

When Solana-based minting becomes available, the following applies:

Minted collectibles are digital tokens representing ownership of a fandom collectible. They are not designed as investment products and are not issued with any expectation of appreciation in value or profit derived from Gather's efforts. Gather does not list, endorse, or facilitate trading of minted collectibles on any exchange, DEX, or NFT marketplace. If you choose to trade minted collectibles on third-party platforms, you do so at your own risk and not on Gather's behalf.

Please note: blockchain minting is irreversible; minted assets will appear in public blockchain explorers; Gather has no control over secondary trading that may occur on third-party platforms; and Gather is not responsible for blockchain network failures or third-party transaction fees. You are solely responsible for the security of your wallet, except for losses directly caused by errors in Gather's own minting infrastructure.

EU/EEA Residents: The on-chain minting feature involves the issuance of crypto-assets that may be subject to the EU Markets in Crypto-Assets Regulation (MiCA). Until Gather completes the applicable regulatory analysis and any required authorization, the minting feature will not be made available to residents of the European Economic Area.

Financial Regulations: Gather is not a registered money services business or money transmitter. Collectible gifting within the App is designed as a social feature, not a payment or money transmission service. If applicable regulatory analysis determines that registration or licensing is required, Gather will comply or modify the feature accordingly.

9. Prohibited Conduct

You may not:
• Create multiple accounts or share your account with others.
• Use bots, scripts, or automation to claim drops or manipulate fandom scores.
• Upload content infringing copyright, trademark, trade dress, or right of publicity.
• Upload AI-generated content without clearly disclosing that it is AI-generated.
• Create synthetic or digitally altered depictions of real individuals (deepfakes).
• Attempt to exploit, hack, or reverse-engineer the App.
• Register domain names, social handles, or trademarks that could be confused with Gather's brand.
• Engage in any conduct that harms other users or the platform.

Gather reserves the right to determine whether conduct violates these Terms and to act accordingly, subject to the enforcement procedure in Section 7.2.

10. Account Termination

10.1 Termination by You
You may delete your account at any time via the App settings. Account deletion requests will be processed within 30 days; your collectibles will be removed from the App at that time. See our Privacy Policy for data retention details.

10.2 Termination by Gather
Gather may suspend or terminate your account for violations of these Terms, subject to the enforcement procedure in Section 7.2. For serious violations directly related to specific collectibles (e.g., collectibles acquired through fraud or large-scale botting), those collectibles may be forfeited. For all other violations, your account will be frozen pending appeal; collectibles will not be forfeited before a 10-day appeal period has elapsed and Gather has issued a final written decision. Where collectibles subject to forfeiture were obtained through paid purchases unrelated to the violation, Gather will issue a prorated refund.

10.3 App Shutdown
If Gather discontinues the App while only free drops are active, we will provide at least 30 days advance notice and a window to export your collectible history as a structured data file. If paid features are active at the time of shutdown, the notice period extends to 90 days, and Gather will offer a prorated refund for collectibles purchased within the 12 months prior to the shutdown date, subject to applicable law. If on-chain minting is active, minted assets on the Solana blockchain survive App shutdown independently of Gather.

11. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. GATHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. GATHER MAKES NO WARRANTY REGARDING THIRD-PARTY OR CREATOR-GENERATED CONTENT, INCLUDING ITS ACCURACY, LEGALITY, OR NON-INFRINGEMENT. DIGITAL COLLECTIBLES AVAILABLE THROUGH THE APP HAVE NO GUARANTEED MONETARY VALUE AND DO NOT CONSTITUTE AN INVESTMENT, SECURITY, OR FINANCIAL INSTRUMENT. TO THE EXTENT ANY JURISDICTION DOES NOT PERMIT DISCLAIMER OF IMPLIED WARRANTIES, SUCH WARRANTIES ARE LIMITED TO THE MINIMUM SCOPE AND DURATION PERMITTED BY LAW.

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 TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP SHALL NOT EXCEED THE GREATER OF (A) $250 USD OR (B) THE TOTAL AMOUNTS PAID BY YOU TO GATHER IN THE 12 MONTHS PRECEDING THE CLAIM.

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

13. Informal Dispute Resolution

Before initiating any arbitration or court proceeding, you must send a written notice of your dispute to legal@gather.fan describing the nature of the claim and the relief sought. Gather will have 30 days to resolve the dispute informally. If the dispute is not resolved within 30 days, either party may proceed to arbitration as described below.

14. Arbitration & Dispute Resolution

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 shall have exclusive authority to resolve disputes relating to the interpretation, scope, applicability, and enforceability of this arbitration agreement; provided, however, that whether this arbitration agreement was validly formed and agreed to — i.e., whether a binding arbitration agreement exists between the parties — shall be determined by a court of competent jurisdiction, not by the arbitrator.

Arbitration shall be conducted remotely (via videoconference or written submissions) unless both parties agree otherwise. For claims under $10,000, Gather will pay all AAA filing, administrative, and arbitrator fees. For claims above $10,000, AAA fee schedules apply, but Gather will advance your share of fees if you demonstrate financial hardship.

CLASS ACTIONS: YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS AND CLASS-WIDE ARBITRATION. You retain the right to bring individual claims in small claims court. Notwithstanding the foregoing, nothing in this Section prevents you from seeking public injunctive relief in a court of competent jurisdiction to the extent required by applicable law (including California's McGill rule). If the class action waiver is found unenforceable as to a particular claim, that claim shall be severed and may proceed in court while all other claims remain subject to individual arbitration; the unenforceability of the class waiver as to one claim does not affect its enforceability as to other claims.

For minor users (13–17), the arbitration agreement is entered into by the parent or legal guardian who affirmatively accepted these Terms on the minor's behalf, and is binding on that parent or legal guardian.

15. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Notwithstanding the foregoing, if you are a resident of a state or jurisdiction whose consumer protection laws provide rights that cannot be waived by contract, those rights are not affected by this choice of law provision.

16. Changes to Terms

We may update these Terms at any time. For non-material changes, we will provide in-app notice at least 7 days before the changes take effect; continued use after the effective date constitutes acceptance.

"Material changes" include, but are not limited to: (a) introduction of any paid feature or fee; (b) any modification to the arbitration clause, class action waiver, or governing law; (c) any reduction of your rights or expansion of your obligations; or (d) any material change to how we collect, use, or share your personal data.

For material changes, we will require your affirmative click-through acceptance before the change takes effect. You will have the opportunity to close your account if you do not agree. We log the version of the Terms you accepted and the date of acceptance.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect. If the class action waiver in Section 14 is found unenforceable as to a particular claim, that claim proceeds in court while all other claims remain subject to individual arbitration.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Gather regarding your use of the App, and supersede all prior agreements, understandings, or representations. In the event of conflict between these Terms and the Privacy Policy, these Terms control. To the extent you have entered into a separate Creator Agreement with Gather, that agreement governs your activities as a creator and, in the event of conflict with these Terms, the Creator Agreement controls with respect to creator-specific activities.

19. Contact

Gatherfan, Inc. — a Delaware corporation
For legal inquiries: legal@gather.fan
For DMCA notices: dmca@gather.fan
For privacy requests: privacy@gather.fan