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FANPERQ /// CREATOR OS

Terms of Service

Last updated: March 2026

1. Acceptance of Terms

By accessing or using FanPerq ("Service"), operated by Blink Binary Pty Ltd ("Company," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this Service.

These Terms constitute a legally binding agreement between you and Blink Binary Pty Ltd. We may modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the Service constitutes acceptance of the modified Terms.

2. Description of Service

FanPerq provides a real-time audience engagement platform for live streamers, including interactive overlays, viewer participation features, analytics, and related tools. The Service includes our website, browser extension, mobile applications, and any associated services.

3. Account Registration

To use certain features of the Service, you must register for an account. You agree to:

Provide accurate, current, and complete information during registration
Maintain and promptly update your account information
Maintain the security of your password and account
Accept responsibility for all activities under your account
Notify us immediately of any unauthorized use of your account

You must be at least 16 years old to create an account. By creating an account, you represent that you meet this age requirement.

4. Subscription Plans and Payment

FanPerq offers various subscription plans with different features and pricing. By subscribing to a paid plan, you agree to:

Pay all applicable fees as described at the time of purchase
Provide valid payment information
Authorize recurring charges for subscription renewals

Free Trial: We may offer a free trial period. At the end of the trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends.

Refunds: Subscription fees are generally non-refundable except as required by applicable law or as explicitly stated in our refund policy.

Price Changes: We reserve the right to modify pricing with reasonable notice. Price changes will apply to subsequent billing cycles.

5. Acceptable Use Policy

You agree not to use the Service to:

Violate any applicable laws, regulations, or third-party rights
Upload, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
Impersonate any person or entity or misrepresent your affiliation
Interfere with or disrupt the Service or servers
Attempt to gain unauthorized access to any part of the Service
Use automated means to access the Service without our permission
Collect or harvest user information without consent
Engage in any activity that could damage, disable, or impair the Service
Use the Service for any illegal or unauthorized purpose

6. User Content

You retain ownership of content you create and upload to the Service ("User Content"). By uploading User Content, you grant FanPerq a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content solely for the purpose of providing and improving the Service.

You represent and warrant that you own or have the necessary rights to your User Content and that it does not violate any third-party rights or these Terms.

We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, at our sole discretion.

7. Creator Responsibility for Rewards and Experiences

FanPerq provides tools that enable creators ("Creators") to design and deliver interactive experiences to their viewers, including but not limited to drops, giveaways, polls, trivia, predictions, and other engagement features (collectively, "Experiences"). Creators are solely responsible for:

The creation, configuration, and accuracy of all Experiences they publish through the Service
The fulfillment of any rewards, prizes, merchandise, or other items promised to viewers through Experiences
Communicating with viewers regarding the delivery, status, or terms of any claimed rewards
Ensuring that any Experiences they create comply with applicable laws, including consumer protection, sweepstakes, and contest regulations in their jurisdiction
Any disputes arising between the Creator and their viewers regarding unfulfilled or misrepresented rewards

Platform Role: FanPerq acts solely as a technology platform that facilitates the delivery of interactive Experiences. We do not guarantee, endorse, or assume any liability for the fulfillment of rewards or promises made by Creators to their viewers. We are not a party to any agreement between a Creator and their viewers regarding rewards or prizes.

Viewer Contact Information: To facilitate reward fulfillment, FanPerq provides Creators with access to the email addresses of viewers who have claimed rewards through the Creator Studio platform. Creators agree to use this information solely for the purpose of fulfilling rewards and communicating about Experiences, and must handle viewer data in accordance with our Privacy Policy and applicable data protection laws.

No Liability for Unfulfilled Rewards:Under no circumstances shall FanPerq, Blink Binary Pty Ltd, or its affiliates be held liable for any Creator's failure to deliver promised rewards, prizes, or other benefits to viewers. Viewers acknowledge that any claims regarding unfulfilled rewards must be directed to the Creator who initiated the Experience, not to FanPerq.

8. Intellectual Property

FanPerq is a trademark of Blink Binary Pty Ltd. The Service and its original content (excluding User Content), features, and functionality are owned by Blink Binary Pty Ltd and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Patent Pending: Certain features and technologies used in the FanPerq platform are patent pending. Unauthorized use, reproduction, or distribution of our proprietary technology is strictly prohibited.

You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of that software.

9. Third-Party Services

The Service may integrate with or contain links to third-party websites, services, or content. We do not control and are not responsible for third-party services. Your use of third-party services is at your own risk and subject to their respective terms and policies.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Service is free of viruses or other harmful components.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FANPERQ AND ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

Your access to or use of or inability to access or use the Service
Any conduct or content of any third party on the Service
Any content obtained from the Service
Unauthorized access, use, or alteration of your transmissions or content

In no event shall our total liability exceed the amount you paid us in the twelve (12) months preceding the claim.

12. Indemnification

You agree to defend, indemnify, and hold harmless FanPerq and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms.

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which FanPerq is established, without regard to its conflict of law provisions.

Any disputes arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with applicable arbitration rules, except where prohibited by law.

For users in the European Union, nothing in these Terms affects your rights under applicable consumer protection laws.

15. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and FanPerq concerning the Service and supersede all prior agreements and understandings.

17. Contact Information

If you have any questions about these Terms, please contact us at:

Blink Binary Pty Ltd
Email: legal@fanperq.com
General inquiries: hello@fanperq.com