Last updated October 1, 2024
This agreement outlines the Wallet Account Agreement (the “Agreement”) related to the Fan inc. Wallet account (“Account”, “Wallet Account,” or “Fan inc. Wallet Account”). “We”, “our”, and “us” refer to Fan inc., our successors, affiliates, or assignees. “You”, “your”, “customer”, and “Fan inc. Accountholder” refer to the owner of the Wallet Account.
You may open the Wallet Account on the Fan inc. Mobile Application (the “Mobile App”). The Wallet Account is not designed for business use, and we may close the Wallet Account if we determine it is being used for business purposes. We may refuse to process any transaction(s) that we believe may violate the terms of this Agreement.
Who is Eligible for a Wallet Account?
The Wallet Account and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of the Wallet Account is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement is determined to be invalid or unenforceable, the validity or enforceability of any other provision will not be affected. This Agreement will be governed by the law of the State of Texas except to the extent governed by federal law.
The Fan inc. Wallet allows you to store funds and link an external bank account. Funds can only be transferred to the linked external bank account. You cannot make payments or transfers directly to third parties using the Fan inc. Wallet. All transfers must be sent to your linked bank account for further disbursement.
Your Fan inc. Wallet can only be linked to an external bank account. Funds in the Wallet can be transferred solely to this linked external bank account. No direct transfers or payments to third parties are allowed from the Wallet.
Limits on ACH Debit Transactions
Funds in the Wallet can be transferred to your linked external bank account using ACH transfers. There are no limits on the number of transactions per day, but transfers are limited to the available Wallet balance.
Electronic Funds Transfer Services
The following terms are used to describe Electronic Funds Transfer (“EFT”) services:
Fan inc. also offers instant transfers for users who wish to transfer funds to their linked bank account quickly. Instant transfers generally take up to 30 minutes, depending on your bank’s processing speed. These transfers are subject to a 3% fee, which will be deducted from the transfer amount, with a maximum fee of $25. Instant transfers are available 24 hours a day, 365 days a year, including weekends and holidays.
All fees are clearly displayed within the Fan inc. app for easy reference by users.
This section explains when funds credited to your Fan inc. Wallet will be available for use.
Business Days
Business days are Monday through Friday, excluding federal holidays. Transfers or credits received before 5:00 PM Central Standard Time on a business day will begin processing on the same day. Transfers or credits received after this time, or on weekends/holidays, will begin processing the following business day.
General Availability
Funds credited to your Fan inc. Wallet will generally be available for use within 3 business days from the date they begin processing. Your funds will be accessible directly in the app as soon as they’re processed and settled.
External Transfers
When you transfer funds from your Fan inc. Wallet to an external linked bank account, the funds will be processed and credited within 1 to 3 business days. Depending on the type of transfer you choose—instant or 1-3 business days—the funds may be available sooner. Instant transfers generally take up to 30 minutes, while standard transfers take 1-3 business days. Availability also depends on the processing times of the external bank.
Payments credited to your Fan inc. Wallet may be subject to fraud review. This means that any payment or transfer into your Wallet can be temporarily held for review to ensure its authenticity and to protect against fraudulent activity. If we detect any suspicious or unauthorized transactions during this review, the payment may be reversed, and the credited funds may be removed from your Wallet.
Fan inc. reserves the right to take back any funds that are determined to be fraudulent or unauthorized after they have been credited to your Wallet. If this occurs, you will be notified, and the funds will be removed. We take these precautions to safeguard your account and ensure the security of our platform.
At Fan inc., we take fraud prevention seriously. Our systems monitor for unusual or suspicious activity in your Fan inc. Wallet, and we implement several safeguards to protect your funds. In the event of suspected fraud, we may reach out for verification, temporarily lock your account, or require additional identity verification to ensure your Wallet remains secure.
If you order us to stop a pre-authorized payment three (3) business days or more before the transfer is scheduled and we do not do so, we will be liable for your losses or damages.
Contact us immediately if you believe that your Fan inc. Wallet has been accessed without authorization. The best way to minimize your possible losses is to notify us promptly. If unauthorized access to your Fan inc. Wallet occurs, and you notify us within two (2) business days after learning of the unauthorized activity, you can lose no more than $50. If you do not notify us within two (2) business days, your liability could increase up to $500, especially if we could have prevented the unauthorized activity had you notified us earlier.
If we do not properly complete a transaction from your Fan inc. Wallet on time or in the correct amount according to our agreement with you, we will be liable for your actual and verifiable losses or damages. However, we will not be liable if:
We may disclose information to third parties about your Fan inc. Wallet or transactions for the following reasons:
In case of errors or questions about your electronic wallet transactions, you must notify us as soon as possible. You may contact us at 1-877-958-2528 or Support@FanInc.com. You have 60 days from the date you accessed your Wallet electronically or the date we sent the first written history of the error to report any issues. You can also request a written history of your transactions.
If you report the error orally, we may require you to send your complaint in writing within ten (10) business days. We will investigate your complaint within ten (10) business days and correct any error promptly. If more time is needed, we may take up to forty-five (45) days to complete the investigation but will credit your Wallet within ten (10) business days for the amount in question during the investigation.
Please read the following terms and conditions very carefully. If you do not agree with the following terms and conditions, do not download or install this software. By downloading, installing, or using this software or any portion thereof, you agree to the following terms and conditions.
Use of the Fan inc. Application
This agreement (“Terms”) is entered into between you and Fan Fanktory, LLC, (“Fan inc.”), the program partner responsible for managing the Fan inc. Wallet Account. Subject to the provisions of these Terms, you are hereby granted the non-transferable right to use this software (“Fan inc. Mobile Application”) solely for personal, non-commercial purposes.
You may not use the Fan inc. Mobile Application in any manner that may impair, overburden, damage, disable, or otherwise compromise (i) Fan inc.’s services; (ii) any other party’s use and enjoyment of Fan inc.’s services; or (iii) the services and products of any third parties, including, without limitation, any device through which you access the Fan inc. Mobile Application (the “Authorized Device”). You agree to comply with all local laws and regulations governing the downloading, installation, and/or use of the Fan inc. Mobile Application, including, without limitation, any usage rules set forth in the online application store terms of service.
From time to time, Fan inc. may automatically check the version of the Fan inc. Mobile Application installed on the Authorized Device and, if applicable, provide updates for the Fan inc. Mobile Application (“Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins, and new versions of the Fan inc. Mobile Application. By installing the Fan inc. Mobile Application, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Fan inc. Mobile Application and Updates will be governed by these Terms (as amended by any terms and conditions that may be provided with Updates).
Fan inc. reserves the right to temporarily disable or permanently discontinue any and all functionality of the Fan inc. Mobile Application at any time without notice and with no liability to you. For the avoidance of doubt, agreement to these Terms is solely between Fan inc. and you. If you need to contact Fan inc. about the Fan inc. Mobile Application, you may do so by calling 1-877-958-2528 or by emailing Support@FanInc.com.
Privacy Policy
As a condition of using the Fan inc. Mobile Application, you acknowledge that additional agreements may be in place that govern your relationship with Fan inc., including but not limited to the Fan inc. Wallet Account Agreement and the Online Privacy, Security & Information Gathering Policy, each of which is hereby incorporated by reference. You acknowledge and agree that these agreements may be updated from time to time without prior notice. Any such changes will be effective as soon as Fan inc. posts a revised version of the applicable agreement. In the event of an otherwise irreconcilable conflict between these Terms and other agreements, these Terms will govern, solely with regard to the conflicting provisions and solely to the extent of such conflict.
Fan inc. may track and archive certain information regarding your use of the Fan inc. Mobile Application (“Use Information”). Use Information does not reveal your personal identity. Use Information may be stored and processed in the United States or any other country in which Fan inc. or its agents maintain facilities. By using the Fan inc. Mobile Application, you consent to the collection of your Use Information and to any transfer of your Use Information outside of your country.
Proprietary Rights
You hereby acknowledge that Fan inc. owns all rights, titles, and interest in and to the Fan inc. Mobile Application and to any and all proprietary and confidential information contained therein (“Fan inc. Information”). The Fan inc. Mobile Application and Fan inc. Information are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights. You agree that you will not (and will not allow any third party to):
(i) Modify, adapt, translate, prepare derivative works from, decompile, reverse engineer or disassemble the Fan inc. Application or otherwise attempt to derive source code from the Fan inc. Mobile Application.
(ii) Copy, distribute, transfer, sell or license the Fan inc. Mobile Application.
(iii) Transfer the Fan inc. Mobile Application to, or use it on, a device other than the Authorized Device.
(iv) Circumvent, compromise, or defeat any security measures implemented in the Fan inc. Mobile Application.
(v) Use the Fan inc. Mobile Application to access, copy, transfer, retransmit, or transcode Content in violation of any law or third-party rights.
(vi) Remove, obscure, or alter Fan inc.’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Fan inc. Mobile Application.
Export Restrictions
Fan inc. does not represent that the Fan inc. Mobile Application is appropriate or available for use in any geographical location. Any entity choosing to use the Fan inc. Mobile Application is solely responsible for compliance with all applicable laws. The Fan inc. Mobile Application is subject to U.S. export controls and may not be downloaded, exported, or re-exported into or to any country subject to U.S. trade sanctions or to any person on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List or Entities List.
Termination
You may terminate acceptance of these Terms at any time by permanently deleting the Fan inc. Mobile Application in its entirety from the Authorized Device, whereupon any rights granted to you herein will automatically terminate. If you fail to comply with any provision of these Terms, any rights granted to you herein will automatically terminate.
Indemnity
You agree to hold harmless and indemnify Fan inc. and its subsidiaries, affiliates, officers, agents, and employees from and against any claim, suit, or action arising from or in any way related to your use of the Fan inc. Application or your violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees of every kind and nature.
Entire Agreement; Revisions to Terms
Fan inc. may, from time to time, modify these Terms. Such modifications shall be effective as soon as the modified version of the “Fan inc. Mobile Application Terms of Use” is posted in the online application store or any other authorized Fan inc. Mobile Application distribution location. Your use of the Fan inc. Mobile Application following such changes constitutes your acceptance of the revised Terms.
