Terms of Service

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These Terms of Service (the “Agreement”) govern access to and use of the Dropback software and services (collectively, the “Services”) as provided by FanCave, Inc. (“Dropback,” “we,” “our,” or “us”) to the individual or entity accepting these terms (“Customer,” “you,” or “your”).

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By purchasing, accessing, or using the Services, you agree to be bound by this Agreement and confirm that you have read, understood, and agreed to these Terms. The “Effective Date” of this Agreement is the earlier of (a) the date you first access or use the Services, or (b) the date you complete payment for a subscription.

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1. Services
1.1 License. Subject to this Agreement and your payment of applicable fees, Dropback grants you a non-exclusive, non-transferable right to access and use the Services during the subscription term.
1.2 Support. We will provide reasonable technical support via email or in-app channels during business hours.
1.3 Account Registration. You are responsible for maintaining the security of your account credentials and all activity under
your account.

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2. Restrictions & Acceptable Use
2.1 You agree not to:
● Reverse engineer, decompile, or disassemble the Services;
● Resell, sublicense, or make the Services available to third parties;
● Use the Services for unlawful or infringing purposes;
● Circumvent or disable any security features of the Services.
2.2 We reserve the right to suspend or terminate access if you violate these terms.

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3. Data & Privacy
3.1 Ownership of Data. You retain ownership of all Customer Data provided through your use of the Services. We jointly retain
rights to use, display, and analyze Customer Data for internal purposes and improvement of the Services.
3.2 Privacy. We implement reasonable administrative, physical, and technical safeguards to protect Customer Data. By using theServices, you consent to our collection, use, and disclosure of data as described herein, including for analytics, troubleshooting, support, and product improvement. We do not sell Customer Data to third parties.
3.3 Data Portability & Deletion. Upon termination, we will retain Customer Data for a period of thirty (30) days to allow fordata export. Thereafter, we may delete or archive such data.

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4. Fees & Payment
4.1 Billing. The Services are billed monthly in advance through a third-party subscription billing platform. By providing payment
information, you authorize automatic recurring charges.
4.2 Changes to Fees. We may update pricing with at least fourteen (14) days’ prior notice. Continued use after such notice
constitutes acceptance.
4.3 Taxes. You are responsible for all taxes and duties except those based on our income.
4.4 Late Payments. Failure to pay may result in suspension or termination of access. Past-due amounts may incur a 1.5% monthly interest charge or the maximum permitted by law.

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5. Term & Termination
5.1 Subscription Term. This Agreement remains in effect until terminated by either party.
5.2 Termination for Cause. Either party may terminate with written notice if the other materially breaches this Agreement and
fails to cure within thirty (30) days.
5.3 Survival. Sections related to fees, confidentiality, data rights, disclaimers, indemnity, and limitations of liability will survive termination.

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6. Confidentiality
Each party agrees to protect any confidential or proprietary information disclosed under this Agreement with the same level of
care as it uses for its own similar information, and not less than reasonable care. This includes but is not limited to product information, business plans, and Customer Data.

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7. Intellectual Property
Dropback retains all rights, title, and interest in the Services, software, documentation, and all enhancements thereto. Any feedback you provide may be used by us without restriction or compensation.

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8. Indemnification
You agree to indemnify and hold Dropback, its affiliates, and personnel harmless from any claim, liability, loss, or expense (including attorneys’ fees) arising out of your misuse of the Services, violation of this Agreement, or infringement of any third-party rights.

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9. Warranty Disclaimer
The Services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error-free service.

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10. Limitation of Liability
To the maximum extent permitted by law, Dropback’s total cumulative liability arising out of or related to this Agreement will not exceed the total fees paid by you in the twelve (12) months preceding the event giving rise to the claim. We are not liable for indirect, incidental, consequential, or punitive damages, even if advised of the possibility.

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11. Governing Law
This Agreement is governed by the laws of the State of Delaware, without regard to its conflict of laws principles. All disputes will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware.

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12. Miscellaneous
12.1  In the event of any conflict or inconsistency between these Terms of Service and any separate agreement entered into between Company and Customer, the terms of the signed agreement shall prevail.
12.2 No waiver or modification is valid unless in writing and signed by both parties.
12.3 If any provision is unenforceable, the remainder will continue in full force.
12.4 You may not assign this Agreement without our prior written consent.