Terms of service

1. Purpose and audience

Fansquare is software for agencies that manage content creators on third-party platforms, starting with MYM. It brings together messaging, the team, revenue, bulk messages, automations and analytics.

The Service is reserved for professionals acting in the course of their business. It is not intended for consumers or for anyone under 18.

2. Definitions

• “Agency”: the legal entity or individual that creates an account and subscribes to the Service, and that you represent.
• “User”: anyone who accesses the Service on behalf of an Agency, whether its owner, its employees or its contractors.
• “Agency Data”: the data the Agency imports into or generates in the Service, including from the platforms it connects: its creators’ accounts, fans, messages, sales, notes, tags, message templates.
• “Derived Data”: the data Offmy produces from data that does not come from the Agency alone, including a fan’s spending indicators computed across several agencies, aggregated statistics, rankings, and other agencies’ figures shown in Share4Share.
• “Official Apps”: the fansquare.so website, the web app and the Mac and Windows app distributed by Offmy, in their unmodified form.
• “Public API”: the programming interface documented by Offmy, accessed with a key created by the Agency.

3. Account and access

• You provide accurate information when signing up and keep it up to date.
• Each User has their own account, created by the Agency. Credentials are personal: they are not shared between team members or with any third party.
• The Agency sets the roles and permissions of its Users and is responsible for their actions in the Service as if they were its own.
• You notify us without delay of any unauthorized access or lost credentials, at contact@fansquare.so.

4. Subscription, trial and payment

• Signing up starts a free trial, with no payment method required, whose length is shown on the website at sign-up.
• After the trial, access to the Service requires a payment method on file. The Agency is billed monthly, for each connected creator, according to the pricing shown on the website and in the app.
• Prices exclude taxes. Applicable taxes are added to the invoice.
• Payments are processed by Stripe. Your card and billing address stay with Stripe.
• The subscription renews every month. The Agency may end it at any time by writing to contact@fansquare.so; the month already started remains due.
• If an invoice remains unpaid, Offmy may suspend access to the Service, after the period shown in the app, until the balance is settled.
• Offmy may change its prices. Any increase is announced at least 30 days before it applies.

5. Third-party platforms

The Service connects to third-party platforms, starting with MYM, using the access provided by the Agency or its creators.

• The Agency warrants that it has the consent of each creator whose account it connects, and the necessary rights to the content it sends or publishes through the Service.
• The Agency remains solely responsible for complying with these platforms’ terms of use and with the law applicable to its exchanges with fans.
• Offmy does not control these platforms. A change, restriction or interruption on their side may limit the Service without Offmy being liable.

6. Agency Data

• Agency Data belongs to the Agency. The Agency grants Offmy the right to host, process and display it to the extent necessary to provide and secure the Service, and to produce the Derived Data described in the privacy policy.
• Offmy processes the personal data contained in Agency Data as a processor, in accordance with the privacy policy, which forms part of the Terms.
• The Agency may retrieve its Data at any time through the Public API, and as an export on request to support.
• When the contract ends, the Agency has 30 days to request the return of its Data. It is then deleted or anonymized, unless the law requires otherwise.

7. Intellectual property

The Service, its software, interface, texts, visuals, the Fansquare brand, its databases and the Derived Data belong to Offmy or its licensors, and are protected in particular by copyright, trademark and database rights.

Offmy grants the Agency, for the duration of its subscription, a non-exclusive, non-transferable right to use the Service, limited to the internal needs of its business. Derived Data shown in the Service may only be viewed within that scope: displaying it transfers no rights.

Offmy may freely use the suggestions and feedback you send to improve the Service.

8. Acceptable use and no scraping

The Service is used through the Official Apps and the Public API, under the conditions of section 9. You may not, directly or through a third party:

• access the Service or collect its content by automated means (bots, scrapers, crawlers, scripts, browser automation, extensions) other than the Public API;
• call the internal API of the Official Apps from any other software, modify, repackage or emulate an Official App, or intercept, replay or reproduce its requests;
• extract or reuse, in whole or in part, once or repeatedly, other agencies’ data or Derived Data, in particular to build a database, feed a competing service or resell it;
• circumvent or attempt to circumvent a rate limit, quota, access control or security measure, in particular by multiplying accounts or API keys;
• probe the Service, test its vulnerability or run a penetration test without Offmy’s prior written consent;
• decompile, disassemble or attempt to derive the source code of the Service, except to the extent applicable law permits it despite this restriction;
• use the Service, its content or Derived Data to train an artificial intelligence model or design a competing product;
• place an abnormal load on the Service, disrupt its operation or introduce malicious code;
• use the Service in violation of the law or of the rights of a third party.

These restrictions do not deprive the Agency of its own data: it retrieves it through the Public API or an export requested from support, subject only to section 9.

Offmy may put technical measures in place to detect and block these uses. Any breach of this section justifies immediate suspension of access, without prejudice to any other remedy.

9. Public API

• The Public API is used with keys created by the Agency in the Service. A key only gives access to the data of the Agency that created it, within the permissions granted to it.
• Keys are confidential. The Agency keeps them safe, does not publish them, including in publicly accessible code, and is responsible for any use made with them.
• The Agency may entrust a key to a contractor acting on its behalf, under its responsibility and for its needs only. It may not transfer it, rent it out or open its use to another agency.
• The Public API is used within the rate limits published in its documentation. Multiplying keys or spreading requests to exceed these limits is prohibited.
• Any Derived Data returned by the Public API remains subject to sections 7 and 8.
• Offmy evolves the Public API through versions, according to the policy published in its documentation. Offmy may limit, suspend or revoke a key without notice in case of abuse, security risk or breach of the Terms.

10. Availability and changes to the Service

• Offmy uses reasonable efforts to keep the Service available, without guaranteeing that it will be uninterrupted or error-free.
• Access may be suspended for maintenance, an update or a security reason.
• Offmy evolves the Service: features may be added, changed or removed. An Official App that is too old may need to be updated to keep working.

11. Term, suspension and termination

• The Terms apply for as long as the Agency has an account.
• The Agency may end the Service at any time by writing to contact@fansquare.so.
• Offmy may suspend or close the access of a User or an Agency in case of breach of the Terms, in particular section 8, non-payment, or risk to the security of the Service, its users or third parties. Except in an emergency, Offmy notifies the Agency before closing access.
• Offmy may also end the Service for an Agency with 30 days’ notice.
• The end of the contract ends access. Agency Data is returned and deleted as set out in section 6. Sections 7, 8, 12 and 14 continue to apply.

12. Liability

• The Service is provided “as is”. To the extent permitted by law, Offmy disclaims all implied warranties, including merchantability and fitness for a particular purpose.
• Offmy is not liable for indirect damages, such as loss of revenue, profits, goodwill or data, nor for the consequences of a decision made by a third-party platform.
• Offmy’s total liability, for all causes combined, is limited to the amounts paid by the Agency for the Service during the 12 months preceding the event giving rise to the claim.
• These limits do not apply in case of gross negligence or willful misconduct, nor where applicable law prohibits them.
• The Agency shall indemnify Offmy against any third-party claim, in particular from a creator, a fan or a platform, arising from its use of the Service or a breach of the Terms.

13. Changes to the Terms

Offmy may change the Terms. Any material change is announced by email or in the Service at least 30 days before it takes effect, unless it is required by law. Continuing to use the Service after that date constitutes acceptance. If the Agency refuses the change, it may end the Service before that date.

14. Governing law and disputes

The Terms are governed by the laws of the State of New Mexico (United States), without regard to its conflict of laws rules.

In case of dispute, the parties first seek an amicable solution: the Agency writes to contact@fansquare.so, and the parties have 30 days to reach an agreement. Failing that, the dispute is brought before the competent state or federal courts of New Mexico, which the parties grant exclusive jurisdiction.

Offmy may nevertheless bring proceedings before any competent court to stop an infringement of its intellectual property rights or a breach of section 8.

15. General provisions

• If any provision of the Terms is held invalid or unenforceable, the others remain in effect.
• Not enforcing a breach does not waive the right to enforce it later.
• The Agency may not assign its rights under the Terms without Offmy’s consent. Offmy may assign them in case of merger, acquisition or reorganization.
• The Terms are written in French and English. In case of discrepancy, the French version prevails.

16. Contact us

For any question about the Terms: contact@fansquare.so