END USER LICENSE AGREEMENT (EULA)
Effective Date: February 9, 2026
Company: Impact Fans, Inc. ("Company", "we", "us", or "our")
This End User License Agreement ("Agreement") is a binding legal contract between you ("User", "you", or "your") and Impact Fans, Inc. By creating an account or using the Services, you agree to these terms.
1. THE "NO-NIL" GUARANTEE & ZERO ENDORSEMENT
No Use of Identity: The Company explicitly agrees that it will never use your name, image, likeness (NIL), or social media handles (@handles) in any advertising, marketing materials, or promotional content.
Zero Endorsement: Your participation does not constitute a personal endorsement of any product or brand. All ads are delivered from the Company's official brand handles.
No Account Access: We do not require, nor will we ever ask for, your social media passwords. We do not have the right to post content to your personal feeds.
2. ADVERTISING METHODOLOGY & AUDIENCE CLUSTERING
Custom Clusters: You grant the Company permission to access your follower data (via authorized API or public data) to build "Custom Clusters." This aggregates your followers with others into anonymized segments (e.g., grouped by category, subcategory, school, sport, or gender).
Targeting: All targeting is based on these aggregated segments. We do not sell individual user data to third-party advertisers.
Campaign Discretion: The Company reserves the sole right to start, stop, or modify ad campaigns based on performance and market demand.
3. ATHLETIC COMPLIANCE & ELIGIBILITY
User Responsibility: You are solely responsible for ensuring your participation complies with university policies, state NIL laws, and/or athletic governing body regulations (e.g., NCAA).
Suppression Rights: While the Company may advertise for any lawful product, we provide "Suppression Types" upon written request to exclude specific categories that may conflict with your school's institutional policies.
No Liability for Eligibility: The Company is not liable for any loss of scholarship, suspension, or disqualification resulting from your use of the platform.
4. COMMISSION & 2026 TAX COMPLIANCE
Commission Model: You will be paid a commission based on your proportionate influence within the audience segments where ads are run.
$2,000 W-9 Threshold: Once your cumulative earnings reach $2,000.00, you must provide a completed Form W-9.
Payment Withholding & Forfeiture: We will withhold all payments exceeding $2,000 until a valid W-9 is received. If not provided within sixty (60) days of reaching the threshold, you forfeit all pending and future payments accrued while enrolled in your current athletic program.
Third-Party Deductions: If you have an agent or manager on record, their designated portion will be deducted from your total share.
5. PRIVACY & DATA SECURITY
Data Use: We collect and use data as described in our Privacy Policy. By using the Services, you consent to our collection of follower data for the purpose of cluster-based advertising.
Third-Party Platforms: Our services interact with platforms like Instagram, Facebook, Google, TikTok, and X (formerly Twitter). You agree to abide by their respective Terms of Service while using our platform.
6. INTELLECTUAL PROPERTY & LICENSE
License Grant: We grant you a limited, non-transferable, revocable license to use the Impact Fans app for personal use.
Ownership: The Company retains all rights, title, and interest in the Services, including all software, code, and "Custom Cluster" data. You may not reverse engineer or scrape our data.
7. WARRANTIES & LIMITATION OF LIABILITY
"As Is" Basis: The Services are provided without any warranties, express or implied.
Limitation of Liability: To the maximum extent permitted by law, Company liability is limited to the greater of $100 or the commissions earned by you in the three (3) months preceding the claim.
Indemnification: You agree to indemnify and hold the Company harmless from any claims, damages, or losses (including legal fees) arising from your breach of this Agreement or your violation of athletic eligibility rules.
8. TERMINATION
By You: You may stop using the Services at any time by deleting your account.
By Us: We may suspend or terminate your access for any reason, including violation of these terms. Upon termination, any commissions earned prior to the date of termination will be paid out, subject to the Tax Compliance terms in Section 4.
9. GOVERNING LAW & DISPUTES
Jurisdiction: This Agreement is governed by the laws of the State of Alabama.
Arbitration: Any disputes arising from this Agreement shall be resolved through binding arbitration in Tuscaloosa, Alabama, rather than in court.
BY CLICKING "ACCEPT" OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.