FANKADO TERMS OF SERVICE

Last updated: Oct 5, 2025

1. Introduction

These Terms and Conditions (the “Terms”) constitute a legally binding agreement between you (“you”, “your”, or “User”) and Fankado, Inc., a Delaware corporation (“Fankado”, “we”, “us”, or “our”), governing your access to and use of our websites, applications, and services (collectively, the “Service”).

Certain products, experiences, campaigns, features, or programs offered by or through the Service (including creator programs, drops, and/or promotions) may be governed by additional or supplemental terms (“Supplemental Terms”). If these Terms conflict with any Supplemental Terms, the Supplemental Terms control solely with respect to the applicable Service feature.

By accessing the website available at https://fankado.com (the “Website”), purchasing or opening any digital pack, purchasing any card (digital or printed) or other item offered by Fankado, participating in any promotional program, or otherwise using the Service, you acknowledge that you have read, understand, and agree to be bound by these Terms. If you do not agree, you must not use the Service.

ARBITRATION NOTICE. Section 24 contains an arbitration agreement and class-action waiver. Except for limited types of disputes, you agree disputes between you and Fankado will be resolved by binding, individual arbitration, and you waive your right to a jury trial and to participate in a class action.

2. Overview of the Service

What We Do. Fankado operates a platform that (a) enables creators/influencers to license rights in their name, image, likeness, and related content to Fankado to create, market, and distribute digital and printed collectible cards (“Cards”), and (b) offers Cards for sale individually and in randomized packs (“Packs”). Some Packs reveal specific Cards only after purchase/opening and may include Cards with different rarity tiers.

No Marketplace Party Status (Except When We Sell). Unless Fankado is expressly identified as the seller of a Card, Fankado is not a party to any transaction between Users and third parties. We may facilitate payments or logistics but do not guarantee the quality, authenticity, availability, or value of any card offered by third parties.

Use For Entertainment. Packs and Cards are designed for entertainment and collection. We do not represent that any Card has monetary value or investment qualities.

Content Sensitivities. Cards may incorporate creator-provided or creator-approved content. Creators, not Fankado, are responsible for their content and representations, except where Fankado is the direct content producer.

3. Purchases; Pricing; Currency; Fees; Taxes

Pricing & Payment. Prices, fees, taxes, and shipping/handling (if any) are as displayed at checkout and are due at purchase. Prices may change at any time before you place an order.

No Value Guarantees. We do not guarantee that any Pack will contain a particular Card, that any Card will have or retain monetary value, or that you will be able to resell or redeem any Card. All rarity odds (if disclosed) are estimates and may vary due to production, supply, and fraud-mitigation constraints.

All Sales Final (Subject to Law). Except where required by law or expressly stated otherwise by Fankado in writing, all sales are final and non-refundable, including Pack sales after purchase (whether opened, auto-revealed, or unopened upon expiry of an opening window).

Taxes. You are responsible for all taxes, duties, levies, or similar governmental assessments associated with your purchases or use of the Service, excluding Fankado’s income taxes. We may collect or estimate taxes and remit as required.

Shipping of Printed Cards. If you purchase printed Cards or convert/claim a printed version when available, you must provide accurate shipping information and pay any shipping/handling and applicable taxes at the time specified. Risk of loss and title pass upon delivery to the carrier. Delivery estimates are not guarantees.

4. Randomized Packs; Opening; Auto-Reveal; Alternate Method of Entry (AMOE)

Packs with Chance. Certain Packs contain randomized outcomes, including Card rarity. By purchasing a Pack, you agree to the chance-based nature of the product.

Opening/Reveal Windows. Packs may specify opening windows (earliest open time, latest open time) and may auto-reveal after a specified time. If you do not manually open a Pack by the deadline, we may open it for you and record the result to your account.

AMOE Mechanics. For any promotion or allocation that involves chance, we will offer an Alternate Method of Entry (‘AMOE’) with substantially equal odds and no purchase/payment. AMOE steps and deadlines will be posted on the product or promotion page and in the Official Rules. Example AMOE may include: (i) creating a Fankado account; (ii) daily sign-in to claim points during the promotion window; and (iii) submitting a no-purchase entry form. Entries are limited per person/household/device as stated; automated entries are prohibited; void where prohibited; geographic and age restrictions may apply.

No Gambling or Wagering. Fankado does not offer gambling. Packs are collectibles; any entertainment or resale value is incidental. We may impose purchase limits, identity verification, geofencing, or AMOE rules to comply with law and mitigate abuse.

5. Creator/Influencer Program; License; Revenue Share; Payouts

Creator Enrollment

To release Cards, creators/influencers (“Creators”) must (a) establish a Fankado account, (b) accept Creator-specific Supplemental Terms, (c) complete KYC/AML/OFAC screening as required, and (d) grant the licenses described below.

Creator Identity Verification; Anti-Impersonation

Verification required. Before a Creator may list or sell Cards/Packs, Fankado may require identity and authenticity verification. Verification methods may include, without limitation:

Cooperation. Creator authorizes Fankado to contact publicly listed management, agencies, and platforms, and to use logos/marks solely for verification purposes. Creator must promptly supply requested materials and authenticate accounts.

Badge; no endorsement. Any “verified” badge is informational only and not an endorsement, guarantee, or warranty of identity, quality, or safety. Fankado may grant, withhold, suspend, or revoke verification at any time.

Impersonation prohibited. Impersonation or misrepresentation of identity is strictly prohibited and grounds for immediate suspension, takedown of content, cancellation of drops, forfeiture of payouts subject to applicable law, and referral to law enforcement.

Content Submission; Curation; Approvals

Pre-review. All Creator Materials and proposed Cards/Packs (including photos, likeness, artwork, titles, captions, and metadata) are subject to pre-review and approval by Fankado for legal, quality, and brand-safety compliance.

Edits & revisions. Fankado may request edits or substitutions, require proof of rights (e.g., model/property releases for third parties or trademarks appearing in images), and may decline any asset that is low-quality, infringing, deceptive, unsafe, or otherwise inconsistent with our policies.

Editorial control. Fankado may curate rarity tables, pack composition, print specs, drop timing, quantities, pricing windows, and distribution pacing, and may adjust these to address demand, fraud prevention, safety, or compliance.

Post-launch moderation. Fankado may pause, de-list, or recall content and drops that generate material legal, fraud, or brand-safety risk, or upon credible complaints, and may request remedial changes before re-listing.

No obligation to explain. Fankado is not obliged to approve or to provide detailed editorial rationales, though we may offer feedback in good faith.

Creator warranties. Creator represents and warrants that submitted content is accurate, lawful, and does not infringe any third-party rights, and that Creator has obtained all necessary consents/releases. Creator will promptly provide documentation on request.

License Grant

Creator grants Fankado a worldwide, irrevocable (for the duration specified below), transferable, sublicensable, royalty-bearing license to use, reproduce, adapt, modify, distribute, publicly display, publicly perform, print, publish, advertise, market, sell, and otherwise exploit: (i) Creator’s name, image, likeness, voice, signature, biographical information, logos/marks (if applicable), and persona; and (ii) Creator-provided content (photos, artwork, text, video, audio, metadata, design elements) (collectively, “Creator Materials”) in connection with the creation, distribution, and commercialization of Cards (digital and printed), Packs, promotional materials, and derivative works.

Term of License. Unless otherwise agreed in writing, the license lasts for the commercial life of the associated Card designs and campaigns (including reprints, reissues, archives, and reasonable tail-off marketing), plus a wind-down period (not to exceed 24 months) after product retirement for inventory sell-off and archival use.

Approvals. Fankado may, but is not obligated to, provide Creator with review/approval opportunities where commercially reasonable.

Moral Rights; Publicity Release. To the extent permitted by law, Creator waives or agrees not to assert moral rights and grants a general right of publicity release for the uses described.

Representations & Warranties (Creator). Creator represents and warrants that (i) Creator has all necessary rights to grant the license; (ii) Creator Materials do not infringe, misappropriate, or violate any third-party rights or laws; (iii) any endorsements comply with applicable advertising and disclosure laws; and (iv) all statements about Creator are truthful and not misleading.

Revenue Share

Creators receive 80% of “Net Revenue” for their Card sales unless otherwise agreed in writing. “Net Revenue” means gross receipts actually received by Fankado from primary sales of the Creator’s Cards (and, if applicable, Creator-attributed secondary-sale fees on Fankado-operated marketplaces), less:

Payout Timing; Holds; Reserves

Payouts are released at Fankado’s discretion based on chargeback/fraud-risk evaluation. Fankado may (i) hold reserves, (ii) delay payouts, (iii) set minimum payout thresholds, (iv) require additional KYC/AML information, or (v) offset negative balances, chargebacks, and associated fees from current or future payouts. Payout currency and rails are determined by Fankado; FX/conversion fees (if any) are netted.

Chargebacks; Network Assessments; Excess Losses

Creator is responsible for all chargebacks, refunds, reversals, and associated fees, penalties, network assessments, representment costs, fraud-tooling costs, and third-party dispute fees arising from the sale of Creator’s Cards/Packs (collectively, “Losses”). Fankado may (i) offset Losses against Creator’s current/future payouts; (ii) draw on any reserve; (iii) invoice Creator for any deficiency; and (iv) debit any payout account or payment method Creator has on file. Creator shall reimburse any invoiced Excess Losses within 15 days of invoice.

Chargeback Programs; Remedial Actions

If Creator’s chargeback ratio exceeds applicable card-network or processor thresholds (as updated by those third parties), Fankado may, in its discretion and in addition to the above remedies: pause or cancel drops, require increased rolling reserves, require additional KYC/AML, mandate pre-order or delayed-capture flows, or impose purchase limits or geofencing. Creator must reasonably cooperate in investigations and representments and provide requested documents within 5 business days.

Audit & Reporting

Fankado will maintain commercially reasonable records of Net Revenue. On reasonable written notice no more than once per 12-month period, Creator may have an independent CPA inspect relevant records related to Creator’s payouts, at Creator’s expense.

Taxes & Forms

Creators are responsible for their own income and self-employment taxes. Fankado may require tax forms (e.g., W-9/W-8) and may withhold as required by law.

Termination & Survival

Termination of a Creator’s account does not terminate (i) already-produced Cards or in-market inventory, (ii) accrued payment obligations (subject to holds/offsets), or (iii) Fankado’s archival uses, historical references, or factual statements about prior campaigns.

6. User Accounts; Eligibility; Verification

You must be 18+ or the age of majority in your jurisdiction to use purchase features. By using the Service, you represent you are eligible and can form a binding contract.

You agree to provide accurate information and promptly update it. You are responsible for maintaining the confidentiality of your credentials and for all activities under your account or Wallet.

We may require identity verification (KYC/AML/OFAC checks) for purchases, prize claims, Creator payouts, large order volumes, or suspected fraud. Failure to cooperate may result in delayed/denied access, holds, or account limitation.

7. Secondary Market; Transfers

Secondary Sales. If Fankado enables a secondary marketplace or supports compatible third-party marketplaces, your use of those services is subject to their terms. Compatibility is not guaranteed.

Royalties/Fees. Secondary transactions may include platform or creator royalties/fees, which you agree to pay or that may be collected automatically when supported.

No Party Status. Except where explicitly stated, Fankado is not a party to secondary-market transactions and bears no responsibility for disputes between buyers and sellers.

8. Buyer Visibility & Creator Communications

What creators can see. For each purchase of a creator’s Cards or Packs, Fankado may disclose to that creator: (i) your display name and profile image; (ii) the item(s) purchased and timestamp; (iii) your email address; (iv) your phone number; and (v) any social handles you expressly choose to share in your account (e.g., X/Twitter, Instagram, TikTok).

How creators may contact you. Creators may contact you via Fankado’s in-product messaging/broadcast tools and/or directly. You acknowledge and agree that Fankado may share your (i) email address, (ii) phone number, and (iii) social handles with creators.

Creator obligations. Creators receiving buyer information must: (i) use it solely to support their Fankado relationship (e.g., product updates, redemption links, customer support); (ii) comply with CAN-SPAM, TCPA/CTIA, CASL, UK PECR/GDPR and other anti-spam/privacy laws; (iii) include a functional unsubscribe/opt-out in each message; (iv) honor Fankado-propagated suppression requests and your preferences; and (v) maintain and publish a privacy notice describing their processing as an independent controller.

No resale or scraping. Creators may not sell, rent, broker, or otherwise transfer buyer data; may not scrape or harvest data; and may not use data outside the permitted purpose.

Enforcement. Fankado may rate-limit, suspend, or terminate creator messaging access, forward complaints to the creator for resolution, and disclose violations to authorities. You acknowledge creators are independently responsible for their communications once you have shared your contact information or opted in.

9. Promotions; Giveaways; Sweepstakes

We may run Promotions from time to time. Promotions are governed by (i) these Terms and (ii) Official Rules provided for the specific Promotion. If there is a conflict, the Official Rules control the Promotion. Unless otherwise specified, no purchase is necessary, and an AMOE will be provided where legally required. Promotions are void where prohibited and may be geo-restricted. If a promotion is skill-based (e.g., judged contest), an AMOE may not apply; where it is chance-based, AMOE will be provided to avoid illegal lottery risk. Official Rules govern odds, eligibility, prize details, and winner selection. We may cancel, suspend, or modify any Promotion to address fraud, legal, or logistical issues.

10. Consent to Electronic Communications

By using the Service or contacting us, you consent to receive electronic communications (email, in-product notices, SMS where you opt in). These may include transactional messages, disclosures, and updates. Keep your contact information current. You may opt out of certain marketing communications as described in our messages. Some transactional communications are required for the Service.

11. Ownership; IP; Feedback

Fankado IP. The Service, and all associated software, designs, logos, trademarks, text, graphics, images, audio/video, data compilations, and other content (collectively, “Fankado Content”), are owned by or licensed to Fankado and protected by IP laws.

Restrictions. You may not copy, modify, distribute, publicly perform/display, create derivative works of, reverse engineer, or misuse the Service or Fankado Content except as expressly permitted.

Feedback. If you provide feedback, ideas, or suggestions (“Feedback”), you grant Fankado a perpetual, irrevocable, worldwide, sublicensable, royalty-free license to use it without restriction or attribution.

12. License to Use the Service

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial purposes, subject to these Terms and any applicable Supplemental Terms. We may modify, suspend, or discontinue any part of the Service at any time.

13. User Content

If you upload, submit, or otherwise provide content (“User Content”), you grant Fankado a worldwide, non-exclusive, sublicensable license to host, store, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, and publicly display such User Content in connection with operating, improving, and promoting the Service. You represent you have all rights necessary to grant this license and that your User Content complies with law and these Terms.

14. Third-Party Services

The Service may link to or integrate with third-party services (e.g., payment processors, wallets, shipping, identity verification). We do not control third-party services and are not responsible for them. Use them at your own risk and review their terms and privacy policies.

15. Acceptable Use

You agree not to:

16. Copyright

We respect IP rights and will respond to notices of alleged infringement under the DMCA. To submit a notice, send: (i) signature; (ii) work identification; (iii) material/location identification; (iv) contact info; (v) good-faith statement; and (vi) accuracy statement under penalty of perjury, to copyright@fankado.com (SUBJ: Copyright Agent). Counter-notices must satisfy statutory requirements.

17. Investigations

We may investigate suspected violations, cooperate with law enforcement, and disclose information as required by law or to protect rights, safety, and the integrity of the Service. You have no expectation of privacy for misuse or illegal activity on the Service.

18. Release

To the maximum extent permitted by law, you release Fankado and its affiliates, officers, directors, employees, agents, and successors from claims arising out of or related to your interactions with other users or third parties and your use of third-party services. If you are a California resident, you waive California Civil Code §1542 (and any similar statute).

19. Assumption of Risk

You acknowledge that:

20. Indemnification

You agree to defend, indemnify, and hold harmless Fankado and its affiliates from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) your use or misuse of the Service or Cards; (ii) your breach of these Terms or Supplemental Terms; (iii) your violation of law or third-party rights; (iv) User Content or, if you are a Creator, Creator Materials; or (v) any Losses.

21. Tax Compliance & Prohibited Transactions

You agree not to use the Service to evade taxes or to manipulate transactions (e.g., self-dealing across accounts at artificial prices to reduce taxes before requesting shipment or payout). We may suspend/terminate accounts and report suspicious activity to authorities.

22. Disclaimers

THE SERVICE AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, FANKADO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, SECURITY, OR THAT DEFECTS WILL BE CORRECTED. YOU USE THE SERVICE AT YOUR OWN RISK.

23. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FANKADO WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. IN NO EVENT WILL FANKADO’S TOTAL LIABILITY EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID TO FANKADO FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM. Some jurisdictions do not allow certain limitations; some terms may not apply to you.

24. Dispute Resolution; Arbitration; Class Action Waiver

Arbitration Agreement. You and Fankado agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules (if under $250,000, exclusive of fees/interest) or Comprehensive Rules (if at or above $250,000). The Federal Arbitration Act governs interpretation and enforcement.

Venue & Procedure. You may elect a hearing by written submissions, teleconference, or in person in San Francisco, California or another mutually agreed location. Judgment on the award may be entered in any court of competent jurisdiction.

Individual Basis Only. No class actions or representative proceedings. The arbitrator may award relief only in favor of the individual party seeking relief.

Small Claims; IP. Either party may pursue eligible claims in small claims court. Either party may seek injunctive relief for IP misuse in court.

30-Day Opt-Out. You may opt out of arbitration within 30 days of first acceptance of these Terms by emailing legal@fankado.com with your name, account email, and a clear statement that you opt out of arbitration.

Severability. If the class-action waiver is found unenforceable as to a particular claim, that claim must be heard in court; the remainder arbitrates.

25. Suspension; Termination; Service Changes

We may modify, suspend, or discontinue any part of the Service at any time; impose or modify eligibility, verification, quantity, or geographic restrictions; and suspend or terminate accounts for suspected violations, fraud, or risk. You are not entitled to compensation for such actions except where required by law.

26. Export; Sanctions; Anti-Corruption

You agree to comply with all applicable export controls, sanctions, and anti-corruption laws. You represent you are not located in, resident of, or ordinarily resident in any embargoed or comprehensively sanctioned jurisdiction and are not a prohibited party.

27. Privacy

Please review Fankado’s Privacy Policy (available on the Website) to understand how we collect, use, and share information about you. By using the Service, you consent to our data practices described there.

28. General

These Terms (and applicable Supplemental Terms/Official Rules) form the entire agreement between you and Fankado. If any provision is held invalid, the remainder remains in effect. You may not assign these Terms without our prior written consent; we may assign freely. Governing law: California law (without regard to conflicts principles), except that the FAA governs arbitration. Venue for any non-arbitrable claims: state or federal courts in San Francisco, California. No waiver of any term is a further or continuing waiver. Contact: support@fankado.com (general), legal@fankado.com (legal), copyright@fankado.com (copyright).

Annex A — Creator Supplemental Terms (Summary)

Scope & License. As in §5 above. Creator grants rights to Fankado to create and commercialize Cards (digital/printed), Packs, and promotional materials.

Exclusivity. Campaign-specific exclusivity (e.g., category, design, likeness context) as agreed in the order form.

Approvals. Good-faith artwork/title/pose approvals with timeboxed review windows; silence after the window counts as approval.

Revenue Share. 80% of Net Revenue (as defined in §5.4) allocated to Creator, subject to holds/reserves/offsets and audit.

Compliance. FTC endorsement compliance, platform policies, moral clauses (e.g., Fankado may suspend a campaign for material reputational harm, credible illegality, or safety concerns). Creator will adhere to Creator Program Guidelines and Content Standards published by Fankado and updated from time to time, including file formats, resolution, brand-safety requirements, and proof-of-rights documentation.

Deliverables. Asset specs, minimum content quality, release schedule, promotional posts (if applicable). Fankado may reject or require revision of any submission