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Fest Terms of Service

Last updated: 01/03/2025

1. Introduction

Welcome to Fest! These Terms of Service ("Terms") govern your use of our mobile application, website, and any related services (collectively, the "Service"). By accessing or using Fest, you agree to be bound by these Terms. If you do not agree, you must not use our Service.

2. Definitions

  • "Fest" refers to the mobile application, website, and all related services operated by Fest Global LLC.
  • "User" or "you" refers to any individual accessing or using Fest.
  • "Content" refers to any text, images, videos, game prompts, or other materials provided within the Service.
  • "Digital Goods" refers to virtual card decks, subscriptions, or any in-app purchases available on Fest.
  • "Physical Goods" refers to branded merchandise that may be sold through Fest or affiliated platforms.

3. Eligibility

By using Fest, you represent and warrant that:

  • You are at least the legal age required to use such services in your country.
  • You have the legal capacity to enter into this agreement.
  • If you are under the legal drinking age in your country, you will not use Fest in a manner that involves alcohol consumption.
  • You are not prohibited from using the Service under applicable laws.

4. User Account

  • You may be required to create an account to access certain features.
  • You are responsible for maintaining the confidentiality of your account credentials.
  • You agree to provide accurate and up-to-date information.
  • Fest reserves the right to suspend or terminate accounts found to be violating these Terms.

5. License to use the Service

Subject to compliance with these Terms, Fest grants you a limited, non-exclusive, revocable, non-transferable license to use the Service for personal entertainment purposes only.

6. Restrictions on Use

You agree NOT to:

  • Use Fest for any illegal or unauthorized purpose.
  • Modify, distribute, reproduce, or exploit the Content or Service commercially without permission.
  • Interfere with or disrupt the Service, including hacking or attempting unauthorized access.
  • Use the Service to harass, threaten, or cause harm to others.
  • Upload or distribute any harmful code, malware, or spam.

7. Digital & Physical Goods

  • All in-app purchases of digital goods (such as virtual card decks) are final and non-refundable.
  • Subscription plans will auto-renew unless canceled in accordance with the platform provider’s terms.
  • Fest may offer physical goods (e.g., branded merchandise). Shipping policies, returns, and refunds will be governed by separate policies outlined at the time of purchase.

8. Responsible use & Disclaimer

  • Fest is designed for entertainment purposes only.
  • Alcohol consumption is NOT required to use Fest. If you choose to consume alcohol while using Fest, you do so at your own risk. Fest does not encourage excessive drinking and is not responsible for any consequences related to alcohol consumption.
  • By using Fest, you acknowledge and accept full responsibility for your actions while using the Service.

9. Content & User-generated Material

  • Fest may allow users to submit content (e.g., custom cards, comments, or reviews on social media).
  • By submitting content, you grant Fest a worldwide, royalty-free, irrevocable license to use, modify, and distribute it.
  • You may not submit offensive, illegal, or harmful content. Fest reserves the right to remove such content at its discretion.

10. Intellectual Property Rights

  • All rights, title, and interest in Fest, including its trademarks, logos, and Content, are owned by Fest Global LLC.
  • You may not copy, modify, or distribute any elements of Fest without prior written consent.

11. Third-party Services

  • Fest may integrate with third-party services (e.g., payment processors, social media, analytics).
  • Your interactions with these services are governed by their respective terms. Fest is not responsible for third-party actions or data handling.

12. Limitation of Liability

To the fullest extent permitted by law:

  • Fest is provided "as is" and "as available" without warranties of any kind.
  • Fest Global LLC and its affiliates are not liable for any damages, losses, or injuries arising from your use of the Service, including but not limited to personal injury, property damage, data loss, or loss of profits.
  • Fest is not liable for any interruptions, errors, or loss of access due to circumstances beyond our control.

13. Termination

  • Fest may suspend or terminate your access to the Service if you violate these Terms.
  • Users may delete their accounts at any time. However, certain obligations (e.g., outstanding payments) may still apply.

14. Governing Law & Dispute Resolution

  • These Terms shall be governed by the laws of the State of Delaware, USA, without regard to conflict of laws principles.
  • Any disputes arising from these Terms shall be resolved through arbitration in accordance with the rules of the American Arbitration Association.

15. Changes to these Terms

Fest reserves the right to modify these Terms at any time. Updated Terms will be posted on the app and website. Continued use of Fest after changes are made constitutes acceptance of the new Terms.

16. Contact

For any questions or concerns regarding these Terms, you can contact us at: hi@festapp.fun.