Terms of Use

Topics

    Effective September 19, 2025

    FanSpark is a subscription platform that helps connect sports fans with sports creators they love. We have done everything we can to make these terms easy to read.

    These are FanSpark’s Terms of Use, and they apply to all users of the FanSpark platform. “We,” “our,” and “us” refer to Wizards and Misfits, Inc. “FanSpark” refers to this platform and the services offered by us, including FanSpark’s websites and apps. By using FanSpark, you agree to these terms and to the other policies we post, such as our Privacy Policy [https://www.fanspark.pro/privacy-policy]. Please read them carefully and let us know if you have any questions. For information about our data practices, please see our Privacy Policy [https://www.fanspark.pro/privacy-policy].

    These Terms of Use contain an arbitration provision below that requires you and FanSpark to resolve disputes between us by binding arbitration instead of in court. In arbitration, class actions and jury trials are not permitted. Therefore, please review this provision carefully, as it governs and affects your rights to resolve disputes with us.

    Our policy is not to provide refunds. This includes if you lose access to content and/or subscription benefits as described below.

    Your Account

    When you create an account, you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes. To create an account or otherwise use FanSpark, you must be at least 14 years old and you must also be old enough to consent to the processing of your personal data in your country. You must be at least 14 years old or have your parent’s or legal guardian’s permission to have a Creator page on FanSpark or to purchase an offering or subscription on FanSpark. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. Please contact us at security@fanspark.pro immediately if you believe your account is compromised. You can learn more about security in our Privacy Policy [https://www.fanspark.pro/privacy-policy].

    Conduct

    You are responsible for all activity on your account. If you violate our terms or policies, as we determine in our sole discretion, then we may suspend or terminate your account. Don’t do anything illegal, abusive towards others, that abuses FanSpark in a technical way, or that exploits FanSpark in an unintended manner that is detrimental to us, like using FanSpark as a storage platform.

    If you are a Creator earning money on FanSpark, we may be exposed to risk based on what you do with those funds. As a result, we may also look at what you do outside of FanSpark. These terms and our policies cover most issues, but, if you find a new and creative way to hurt FanSpark or our community, we may take action to prevent it.

    Specifically, do not post content or otherwise use FanSpark in any manner that features or facilitates:

    • Illegal or illicit activity.
    • Nudity or other adult content/pornography.
    • Prohibited items, including weapons or controlled substances used in a manner that threatens or may cause harm to yourself or to a third-party.
    • Hateful conduct, including discriminating against or attacking other people on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability or disease.
    • Abuse or harassment, including bullying, stalking, doxxing, defaming, or the sharing of non-consensual, fake or manipulated intimate images or otherwise unauthorised images.
    • Violence or harm, including use of objects in any way that is likely to cause physical or mental harm.
    • Self-harm or suicide or dangerous activity.
    • Inaccurate information, including misleading descriptions of media or account information.
    • Content created by or with generative artificial intelligence (GenAI).
    • Prohibited cyber activity, including spamming, sharing other people’s personal data, linking to external media storage sites, referencing to an off-platform site that violates our Terms of Use, or behaving in any way interfering with our software, hardware or network (such as introducing viruses, trojans, worms, logic bombs or other material which is or may be malicious or technologically harmful).
    • Copying content, including scraping, downloading, sharing, or gathering information from our website any Creator for any reason.
    • Impersonating another person or entity, including via your content or username.
    • Spamming or funneling to third party adult monetization platforms.
    • Representing that FanSpark has endorsed you or your content.
    • Infringing a third-party intellectual property right.

    Creators

    To become a Creator, simply launch your page to start your offering. When you join FanSpark, you become part of the FanSpark community. You can use Creator tools that we provide to, among other things, showcase your creations and engage with the FanSpark community. Subscriptions are for your most passionate Fans. On FanSpark, you can provide your Fans something exciting that gives them special benefits they want, including additional access, exclusive creations, and engaging community experiences. In turn, you will receive loyal support from your Fans, and revenue from subscriptions that Fans have purchased on FanSpark.

    As a Creator, you may make offerings available on FanSpark on a one-time basis and may make memberships available on FanSpark on an automatically-renewing subscription basis. We typically handle payments issues such as fraud, chargebacks and resolution of payments disputes. We try to provide timely access to the funds you’ve earned on FanSpark. You may, however, experience delays in accessing funds.

    We may also block or withhold access to these funds for violations of our terms or policies or for compliance reasons, including collecting tax reporting information. When this happens, we try to communicate the reason to you promptly. If you have questions about access to funds being blocked or withheld, please reach out to us at support@fanspark.pro. In order to protect Creators, we may block a Fan’s payments if we believe them to be fraudulent. Sometimes activities like refunds to Fans and chargebacks from Fans can put your account balance into the negative and any fees you’ve incurred from FanSpark on which the purchases were made, as described below, may not be refunded to you when such refunds and chargebacks are processed. If your balance becomes negative, we reserve the right to recover those funds from future payments.

    As a Creator, there are fees associated with your subscriptions on FanSpark. These fees may increase with notice to you and may vary, and currently include the platform/payment processing fee, which is a percentage of successfully processed payments as disclosed on our site, and includes costs related to processing payments from Fans, recurring billing, recovering declined payments, and fighting fraud. You can see the fees for any subscriptions on your Creator dashboard.

    “Creator Earnings” currently means 80% of Net Receipts for your Fan payments, less any sales, use, VAT, GST, or similar taxes we collect and remit. “Net Receipts” means amounts actually received from Fans for Creator’s offerings, less (i) payment-processing charges assessed by the payment provider, (ii) iOS and/or Android app store fees, and (iii) refunds, reversals, and chargebacks (and associated fees). We retain the remaining 20% of Net Receipts as our platform fee. Payouts occur monthly once your accrued Creator Earnings meet the then-current minimum (currently $100); amounts under the minimum roll to the next cycle. To protect Fans and Creators against fraud, we may hold Creator Earnings for one full cycle before releasing them in the next payout. Payouts are currently made in USD to the payout method you configure. We may set off negative balances and unpaid amounts against future payouts.

    You are responsible for reporting any income, withholding, or other earnings-based taxes which may be due as a result of money you’ve earned on FanSpark. You agree that you will provide us (or our payment partner) with any information and documents for accurate tax determination and compliance, where and as we request or as otherwise required.

    We don’t allow creations and benefits that violate our terms or policies, including our Conduct guidelines above. Among other things, we don’t allow:

    • illegal creations or benefits;
    • creations or benefits that are abusive towards other people;
    • creations or benefits that are misleading or deceptive;
    • creations or benefits that use others’ intellectual property, unless you have written permission to use it, or your use is protected as fair use; or
    • Engaging in sexual acts.

    We are not required to allow any particular person or group of persons to access an offering, be a Fan or otherwise access FanSpark services. An account is tied to your creative output and cannot be sold or transferred for use by another Creator.

    We are constantly experimenting with product features to make FanSpark better and may add, remove or test features with a subset of Creators. Access to these features is not guaranteed and may not be subject to your control. Instead, we may enable and disable these early-access, beta, or test features at our sole discretion. These features may also be subject to additional restrictions and limitations.

    Your Creations

    Creators keep full ownership of their creations and Fans keep full ownership of what they post on FanSpark, but we need licenses from you for this material to operate FanSpark’s services effectively. By making creations available on FanSpark or otherwise posting on FanSpark, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license covering your creation or what you post in all formats and channels now known or later developed anywhere in the world to use, copy, reproduce, store, translate, transmit, distribute, perform, prepare derivative works, publicly display, and display in connection with any name, username, voice, or likeness provided in connection with it. If your creations contain any personal data, you also recognize FanSpark’s “legitimate interest” in it in accordance with the scope of this license.

    We will not use the photos, videos, posts, or other content you upload to the Service to train, fine-tune, or otherwise improve generative artificial intelligence models, or license your content to others to do the same. Your content may be used only as reasonably necessary to operate, maintain, and improve the Service — including storage, safety and moderation, analytics, and personalized content recommendation.

    This is all necessary for us to operate our services, including hosting creations, providing and promoting memberships to your Fans, and enabling community features like post comments. For clarity, you keep full ownership over your creations and what you post on FanSpark; we are not buying your intellectual property rights or leasing them from you for our gain. We will never try to steal your creations, use them in an exploitative way, or seek to profit off of them by any means other than facilitating memberships and offerings you’ve configured on FanSpark.

    You agree to perform your obligations consistent with all applicable law, that all creations will be your original work, and not to make available creations or otherwise make posts on FanSpark that infringe others’ intellectual property or proprietary rights. FanSpark reserves the right to remove creations and other material that violate FanSpark’s terms and policies, including these Terms of Use. We respond to complaint notifications of claimed copyright infringement and have adopted and reasonably implemented a policy for terminating, in appropriate circumstances, the accounts of Creators and Fans who are the subject of repeated complaint notifications of claimed copyright infringement or other evidence that suggests a pattern of repeat infringement.

    Specifically, FanSpark provides a platform that allows some Creators and Fans to store material on our system or network for access by other users. In other words, this is a hosting service in which material is stored on our system or network at the direction of our users. We accept notifications of claimed copyright infringement regarding accused material stored on our system or network where those notifications comply with the provisions of 17 U.S.C. § 512(c)(3), and we apply our repeat infringer termination policy to Creators and Fans who use this feature of our service. FanSpark’s technology also allows our Creators and Fans to include hyperlinks or other information location tools on their pages or posts that reside on our system or network. With respect to those information location tools on our network, we accept notifications of claimed copyright infringement where those notifications comply with the provisions of 17 U.S.C. § 512(d)(3), and we apply our repeat infringer termination policy to any Creators and Fans who are responsible for contributing the accused information location tools to our system or network. If you are a copyright claimant or its agent and have a good-faith belief that particular material stored on FanSpark’s system or network or an information location tool on FanSpark’s system or network infringes your copyright, then please submit a complaint notification of claimed copyright infringement using this form or via email to FanSpark’s designated agent at legal@fanspark.pro. Please note that, to facilitate a dialogue that can help resolve these claims, we may pass along information contained in your copyright complaint, including your name and contact information, to the user responsible for contributing the challenged material. If you are concerned about your information being forwarded in this manner, please consider using an agent to handle submitting your copyright complaint.

    Fans may not use creations posted by Creators in any way not authorized by the Creator, including sharing those creations with others who have not purchased the subscription through which those creations were made available.

    Fans, Payments and Refunds

    As a Fan, you’re supporting a Creator. You pay on an automatically-renewing subscription basis, and FanSpark is the billing entity that is associated with this charge. If your primary payment method fails and you’ve configured one or more backup payment methods, then we will charge those backup payment methods based on that configuration.

    The timing and amount of each subscription depends on the type of subscription or offering you select and the Creator you support. Currently there are paid, automatically renewing subscriptions offered on FanSpark, where you pay monthly. You can see the details prior to purchasing the offering or starting the subscription and you can view all your active subscriptions in your profile.

    To become a Fan, simply purchase a paid subscription on FanSpark. Subject to these terms and full payment of all applicable charges, you receive a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and view those creations for your own private, personal, non-promotional, non-commercial use. Creations you gain access to in this manner will generally continue to be available to you, but may become unavailable at any time as described below.

    Each subscription automatically renews monthly until you cancel via your membership settings. Your recurring charge date may be earlier than the date you first subscribed for reasons including, for example, differences between your timezone and the timezone in which our billing systems operate and your most recent previous charge date being earlier due to variances in the length of months. The amount you are charged for a subscription may increase with notice to you. This enables Creators to, for example, adjust membership prices to account for increased costs, new or different benefits, or other changed circumstances, just like any other business. FanSpark does not control the applicable tax that you may be charged and this amount may increase without notice to you.

    You may cancel your recurring payments at any time, as described above. Canceling your subscription will impact your next recurring charge. Canceling your subscription will result in your loss of access to subscription benefits, including a Creator’s Fan-only posts and other benefits. You may also lose access to subscription benefits if, for example and as applicable, your payment method fails, we terminate your account, the Creator suspends or blocks you, the Creator stops making offerings and/or subscription available on FanSpark, the Creator deletes their FanSpark account, the Creator changes who has access to a subscription, the Creator removes a post or offering from their FanSpark account, we remove the Creator from FanSpark, we change who has access to a subscription, or we remove a post or offering from a Creator’s FanSpark account. We are not required to allow you to access a subscription, be a Fan of, or to otherwise interact with any particular Creator.

    Subscriptions vary and we have limited control over the quality and specific benefits. We attempt to screen for fraudulent Creator pages, but cannot guarantee the identity of Creators or the validity of any claims they make. We appreciate your help reporting suspicious Creator pages to support@fanspark.pro so we can keep the FanSpark community safe.

    If you are located in a jurisdiction in which FanSpark is required to charge and collect tax, for example sales tax, then this tax is added to the total charge. Except in limited circumstances, this tax is shown to you when purchasing a paid subscription. FanSpark remits all tax collected to the applicable taxing authority. As tax is largely dependent on your location, you agree to keep your location complete and up to date to enable accurate collection of taxes.

    Payment processing will be performed by our third-party payment processors. Your use of the payment processing facility provided by them is subject to their terms and conditions, as may be modified by them from time to time. As a condition of using their payment processing facility, you must provide accurate and complete information, and you authorize us to share this information with them and to charge your payment method for all amounts that may become due under these Terms. All bank, credit card or other payment information is sent directly to and stored with them using their security protocols. We do not store your payment information on our systems and shall not have any responsibility for the safety or security of that information.

    We are constantly experimenting with product features to make FanSpark better and may add, remove, or test features with a subset of Fans. Access to these features is not guaranteed and may not be subject to your control. Instead, we may enable and disable these early-access, beta, or test features at our sole discretion. These features may also be subject to additional restrictions and limitations.

    FanSpark

    We look at some pages and posts on FanSpark to enforce these terms and our policies. We also investigate reports of potential violations. These investigations may take a while to resolve and, primarily because FanSpark may be exposed to risk based on what is done with funds earned on FanSpark, may include reviewing activity outside of FanSpark.

    In most situations, we will work with Creators and Fans to resolve any potential policy violations and allow the Creator or Fan to continue using FanSpark. FanSpark may terminate Creator or Fan accounts when we believe it is necessary to protect Creators, Fans, FanSpark, or the broader community, but it is not an action we take lightly.

    FanSpark reserves the right to remove a Creator or Fan from participating in any feature or features of our service. Removing a Creator from participation in subscriptions will remove the option for further Fans to purchase subscriptions on FanSpark for that Creator. Removing a Fan from participation in subscriptions will prohibit that Fan from purchasing further subscriptions on FanSpark for any Creator. This will not, however, result in an automatic removal of the Creator or Fan from FanSpark, unless there is an independent basis for that removal.

    Please let us know if you see potential violations of our guidelines by contacting us at support@fanspark.pro.

    As a company based in the United States, we must comply with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control (“OFAC”) of the United States Department of the Treasury. This means that we cannot take part in transactions that involve designated people, places, or items that originate from those places, as determined by agencies like OFAC.

    Account Suspension, Termination and Deletion

    You can terminate or permanently delete your account at any time by going to account settings/account.

    We can suspend, terminate and/or delete your account at any time at our sole discretion. We can also cancel any subscriptions and remove any descriptions, posts, offerings or benefits at our sole discretion. You may not bring a claim against us for suspending or terminating another person’s account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys’ fees and costs. These terms remain in effect even if you no longer have an account.

    FanSpark's Creations

    Our creations are protected by copyright, trademark, patent, and trade secret laws, including for example the content on our website. We grant Creators a license to use our logo and other copyrights or trademarks to promote their FanSpark pages. You can learn more about the correct use of our logo in our brand guidelines, which can be requested by emailing support@fanspark.pro. You may not otherwise use, reproduce, distribute, perform, publicly display, or prepare derivative works of our creations unless we give you permission in writing. Please contact us at support@fanspark.pro if you have any questions.

    We welcome your feedback on the performance of the FanSpark product, including any early-access, beta, or test features to which you’ve been given access, and your help in identifying any problems, bugs, and defects. You agree that any suggestions, comments, ideas, bug reports, or suggested improvements that you provide to us will be fully owned by us so that we can use them to improve FanSpark and thereby better help the community of Creators and Fans.

    Warranties, Indemnity and Limits on Liability

    FANSPARK IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, IS EXCLUDED AND DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY LAW. THE DISCLAIMERS OF WARRANTY UNDER THIS CLAUSE ALSO APPLY TO OUR SUBSIDIARIES, AFFILIATES, AND THIRD-PARTY SERVICE PROVIDERS.

    You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of FanSpark. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right, then you will help us in our defense. Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers.

    To the greatest extent permitted by law, we are not liable to you for any special, incidental, consequential, or punitive damages arising out of these terms, or your use or attempted use of FanSpark. To the greatest extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of FanSpark. We are specifically not liable for loss associated with unfulfilled offerings and benefits and from losses caused by conflicting contractual agreements. For this clause, “we” and “our” is defined to include our subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers.

    You agree to release us from any and all liability and obligations whatsoever in connection with or arising from your use of FanSpark. If at any time you are not satisfied with FanSpark or object to any content or other material within or on FanSpark, your sole and exclusive remedy is to immediately stop using and otherwise accessing FanSpark.

    If you are a California resident or could otherwise claim the protections of California laws, you further expressly waive the provisions of section 1542 of the California Civil Code, which reads as follows: “A general release does not extend to the claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release which, if known by him or her, must have materially affected his or her settlement with the debtor.” You acknowledge that you have read and understand section 1542 of the California Civil Code, and you hereby expressly waive and relinquish all rights and benefits under that section and any laws of any jurisdiction of similar effect with respect to your release of any claims you may have against us or FanSpark.

    Dispute Resolution

    The laws of the State of Minnesota will govern this Agreement, without giving effect to any principles of conflicts of laws. To the extent a party is permitted under these terms to initiate litigation in a court, you agree that any action arising out of this Agreement or your use of FanSpark shall be brought in state or federal court in the City of Minneapolis, Minnesota, USA and you consent to the jurisdiction of such courts.

    For any dispute you have with us, you agree to first contact us and make a good faith attempt to resolve the dispute with us informally, by emailing us at legal@fanspark.pro. After receipt, we shall engage in a good faith effort to resolve the dispute for a period of 60 days. If we cannot resolve the dispute in that time, a party may commence an arbitration proceeding.

    Any disputes or claims that may arise out of or in connection with these terms shall be finally settled under the Commercial Rules of the American Arbitration Association (“AAA”) in the City of Minneapolis, Minnesota, USA by one or more arbitrators appointed in accordance with such rules, except that no punitive damages may be awarded. We together understand and agree that the decision in such arbitration shall be final and binding on both of us, that the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees, and that a judgment upon any award rendered may be entered in any court having jurisdiction. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Either of us may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction. We each waive, to the fullest extent permitted by law, any objection that it may now or later have to (i) the laying of venue of any legal action or proceeding arising out of or relating to these terms brought in a court or arbitration setting within or outside the United States of America and (ii) any claim that any action or proceeding brought in any such court or arbitration has been brought in an inconvenient forum.

    BY ENTERING INTO THIS AGREEMENT, EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY IN ARBITRATION, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. THIS MEANS THAT YOU MAY NOT PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING BROUGHT BY ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, YOU MAY PARTICIPATE IN A CLASS-WIDE SETTLEMENT.

    You may opt out of binding arbitration and this class action and jury trial waiver by notifying us in writing within 30 days of signing this Agreement unless a longer period is required by law. Your written notification must be mailed, emailed, or delivered to us at the physical address listed below or legal@fanspark.pro within 30 days after you have accepted these terms and must include your name, your address, and a clear statement that you do not wish to resolve disputes through arbitration.

    Everything Else

    These terms and any referenced policies are the entire agreement between you and us, supersede all prior agreements, and don’t create any partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and us. If any provision of these terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified to make it enforceable, then it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, then it does not waive the ability to enforce any rights in the future.

    We reserve the right to modify these terms at any time, effective upon posting. If we make a change to these terms that, in our sole discretion, is material, then we will let you know before the changes come into effect. Continuing to use FanSpark after a change means you accept the new terms or policies.

    We are committed to accessibility for those with disabilities. If you use accessibility tools and have questions or concerns, please contact us at support@fanspark.pro.

    If you sign-up to receive text messages from us, you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages from us, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Message and data rates may apply. Message frequency may vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which messages are sent. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. We, our service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

    The street address of FanSpark’s headquarters is 1065 24th Ave. SW, Suite 155, Owatonna, MN 55060.