1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the Faby mobile applications and informational website (collectively, the "Service") operated by FABY, INC. ("Faby," "we," "us," or "our"), a Delaware, USA corporation. By accessing or using the Service, you agree to be bound by these Terms.
2. Eligibility; Age Restrictions
You must be at least 17 years old to use the Service. The Service is not directed to children under 13, and we do not knowingly collect personal information from children under 13. If we become aware that a user is under 13, we will terminate the account.
By using the Service, you represent that you have the legal capacity to enter into a binding contract and that you are not prohibited from using the Service under applicable law.
3. Description of the Service
Faby facilitates discovery, hosting, and attendance of in-person experiences ("Experiences"). Hosts create and manage Experiences; Attendees choose to participate. Faby does not own, operate, or control Experiences and does not supervise Hosts or Attendees. We do not guarantee the existence, quality, safety, suitability, legality, or accuracy of any Experience or content.
Important: Participation in Experiences involves inherent risks (including illness, injury, property damage, or other harms). You assume all risks arising from your participation and release Faby from claims related thereto to the maximum extent permitted by law. You agree to comply with all laws and regulations, including those related to alcohol consumption where applicable.
4. Accounts; Verification; Safety
You must create an account to use certain features. You agree to provide accurate information and keep it up to date. You are responsible for maintaining the confidentiality of your credentials and for activities under your account.
Verification: We may offer optional identity verification via third-party providers (e.g., government ID + selfie). We receive a verification result and associated metadata. We do not store your ID images; we store the fact and details of verification (e.g., pass/failed checks, date/time, provider identifiers).
Safety & Monitoring: To enforce these Terms and safety policies, we may review user content and communications (e.g., reports, chat messages) in accordance with applicable law and our Privacy Policy.
5. User Content; License; Acceptable Use
You retain ownership of content you submit, post, or display ("User Content"). You grant Faby a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, adapt, publish, translate, distribute, publicly perform and display, and otherwise use your User Content in connection with operating, developing, promoting, and improving the Service.
Acceptable Use: You will not: (a) post or share content that is illegal, pornographic, exploitative, violent, hateful, or otherwise harmful; (b) harass, stalk, or defraud others; (c) spam or engage in deceptive or manipulative practices; (d) infringe intellectual property or privacy rights; (e) attempt to scrape, reverse engineer, or overload the Service; (f) circumvent safety features; (g) coordinate or promote illegal activity.
6. Moderation; Enforcement
We may, at our sole discretion and without notice or liability, remove content, limit functionality, suspend or terminate accounts, or take other actions we deem necessary for any reason or no reason, including but not limited to: spam, nudity or sexual/suggestive content, hate or harassment, dangerous activities, illegal conduct, scams or fraud, safety risks, or repeated poor behavior reported by the community.
7. Payments; Premium Tiers; Refunds
Experiences may be paid or free. Participants may agree to split costs. We may also offer paid features and subscription tiers (e.g., Premium, VIP) that provide enhanced visibility, discovery, or engagement tools. Prices, features, and availability may change.
Payments are processed by third-party payment processors and are subject to their terms. You authorize charges to your payment method for purchases, subscriptions, taxes, and fees. Except where required by law, payments are non-refundable; certain jurisdictions provide statutory rights which are not affected.
If you subscribe, your subscription may auto-renew until canceled. You can cancel at any time via the platform provider or in-app settings, as applicable.
8. Third-Party Services
The Service may link to or rely on third-party services (e.g., mapping, analytics, identity verification, payments). We are not responsible for third-party services; their terms and privacy policies govern your use.
9. Intellectual Property
We and our licensors own the Service and associated intellectual property. All trademarks, logos, and brand elements are the property of their respective owners. No rights are granted except as expressly set forth in these Terms.
10. Feedback
You may provide suggestions, ideas, or feedback. You grant us a perpetual, worldwide, irrevocable, royalty-free license to use such feedback without restriction or compensation.
11. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, FABY, INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, DATA, OR GOODWILL. IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO FABY IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY; IN SUCH CASES, THE ABOVE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13. Indemnity
You agree to indemnify, defend, and hold harmless FABY, INC. and its affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service or violation of these Terms.
14. Dispute Resolution; Arbitration; Class Action Waiver
Informal Resolution. Before filing a claim, you agree to first contact us at support@getfaby.com and attempt to resolve the dispute informally.
Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by a reputable arbitration provider. Arbitration will take place in Delaware, USA. The arbitrator's decision will be final and enforceable in any court of competent jurisdiction.
Class Action Waiver. You and Faby agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's claims.
Small Claims. Either party may seek relief in small claims court in Delaware, USA for disputes within that court's jurisdiction.
15. Suspension; Termination
We may suspend or terminate your access to the Service at any time, with or without notice, for any reason or no reason, including violation of these Terms. Upon termination, the rights granted to you under these Terms will end.
16. Changes to the Service and Terms
We may modify the Service and these Terms at any time. Material changes will be notified by reasonable means (e.g., in-app notice). Your continued use after changes become effective constitutes acceptance. If you do not agree, discontinue use.
17. Miscellaneous
These Terms constitute the entire agreement between you and Faby regarding the Service and supersede prior agreements. If any provision is held invalid, the remaining provisions will remain in full force. You may not assign these Terms without our consent; we may assign freely. No waiver of any term will be deemed a further or continuing waiver.