1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the Faby mobile applications and informational website (collectively, the "Service") operated by FABY, INC. ("Faby," "we," "us," or "our"), a Delaware, USA corporation. By accessing or using the Service, you agree to be bound by these Terms.
2. Eligibility; Age Restrictions
You must be at least 17 years old to use the Service. The Service is not directed to children under 13, and we do not knowingly collect personal information from children under 13. If we become aware that a user is under 13, we will terminate the account.
By using the Service, you represent that you have the legal capacity to enter into a binding contract and that you are not prohibited from using the Service under applicable law. Some Experiences may have additional age, health, skill, equipment, or legal requirements, and you are responsible for deciding whether you may lawfully and safely participate.
3. Description of the Service
Faby facilitates discovery, hosting, and attendance of in-person experiences ("Experiences"). Hosts create and manage Experiences; Attendees choose to participate. Faby does not own, operate, or control Experiences and does not supervise Hosts or Attendees. We do not guarantee the existence, quality, safety, suitability, legality, or accuracy of any Experience or content.
Faby is a technology platform. We are not the organizer, operator, supervisor, employer, agent, partner, insurer, or co-host of any Experience unless we explicitly say so in writing for a specific Experience.
4. Accounts; Verification; Safety
You must create an account to use certain features. You agree to provide accurate information and keep it up to date. You are responsible for maintaining the confidentiality of your credentials and for activities under your account.
Verification: We may offer optional identity verification via third-party providers (for example, government ID plus selfie checks). We receive a verification result and associated metadata. We do not store your ID images unless we explicitly state otherwise; we store the fact and details of verification, such as pass or failed checks, date and time, and provider identifiers.
Safety and Monitoring: To enforce these Terms and safety policies, we may review user content and communications, including reports and chat messages, in accordance with applicable law and our Privacy Policy.
5. User Interactions; No Background Checks; No Safety Guarantee
Faby does not conduct criminal background checks on users unless we explicitly state otherwise. Optional identity verification is not a criminal background check. A verification badge or other verification signal does not mean that Faby endorses a user, has approved a user as safe or trustworthy, has cleared a user's criminal history, or has determined that a user is suitable for any Experience or interaction.
We do not guarantee any user's identity, intentions, conduct, legality, health, physical condition, compatibility, or safety. You are solely responsible for your online and offline interactions with other users, including communications, meetings, dates, rides, payments, attendance, and any arrangements you make outside the Service.
Use judgment and take appropriate safety precautions when communicating with or meeting others, including meeting in public where appropriate, telling someone you trust where you are going, arranging your own transportation, and leaving any situation that feels unsafe.
6. Host Responsibilities
Hosts are solely responsible for planning, organizing, managing, supervising, and operating their Experiences. This includes responsibility for venue suitability, permits, licenses, safety precautions, emergency planning, accessibility, age restrictions, local laws, alcohol compliance, food safety, transportation arrangements, and insurance where applicable.
Hosts must not represent that Faby sponsors, endorses, supervises, guarantees, or insures their Experience unless Faby explicitly says so in writing. Hosts are responsible for making accurate disclosures about the Experience, including cost, activity level, risks, location, timing, cancellation rules, and any requirements for attendance.
7. Assumption of Risk
Participation in Experiences and interactions with other users involve inherent and unpredictable risks. These risks may include meeting strangers; dating or romantic interactions; visiting private homes or third-party venues; physical activities; outdoor activities; travel; transportation or carpooling; alcohol-related risks; illness; injury; property damage; emotional distress; harassment; assault; theft; fraud; or other harms.
You voluntarily assume all risks arising from or related to your use of the Service, your participation in Experiences, and your interactions with users, Hosts, Attendees, venues, drivers, vendors, or other third parties.
To the maximum extent permitted by law, you release Faby, Inc., its affiliates, officers, directors, employees, contractors, and agents from claims arising out of or related to your participation in Experiences or interactions with other users.
8. High-Risk Activities
Some Experiences may involve elevated risks, such as hiking, climbing, skiing, swimming, boating, fitness, sports, martial arts, cooking, alcohol-related events, nightlife, travel, rideshares or carpools, or activities involving specialized equipment.
You decide for yourself whether you are qualified, healthy, prepared, and properly equipped to participate. Hosts are responsible for determining whether additional waivers, permits, supervision, safety equipment, training, certifications, emergency plans, or insurance are needed.
Faby does not inspect venues, equipment, routes, safety plans, weather conditions, food handling practices, transportation arrangements, or host qualifications.
9. Transportation Disclaimer
Faby is not a transportation provider. We do not arrange, operate, insure, or supervise rides, carpools, drivers, vehicles, routes, or transportation logistics. Any transportation arrangements are made independently between users or with third-party providers, and you assume all transportation-related risks.
10. Alcohol, Food, and Regulated Activities
Hosts and attendees are responsible for complying with laws related to alcohol, food, age restrictions, permits, controlled substances, weapons, and other regulated activities. Faby does not sell, serve, furnish, or supervise alcohol or food.
You may not use Faby to promote illegal alcohol service, illegal drug use, unsafe conduct, weapons misuse, or unlawful activities. We may remove content, cancel access, or suspend accounts when we believe regulated activity creates legal, safety, or policy risk.
11. User Content; License; Acceptable Use
You retain ownership of content you submit, post, or display ("User Content"). You grant Faby a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, adapt, publish, translate, distribute, publicly perform and display, and otherwise use your User Content in connection with operating, developing, promoting, and improving the Service.
You are solely responsible for your User Content. You represent that you have all rights, permissions, and consents needed for the content you upload or post, including photos, Experience images, names, likenesses, and any content featuring another person. You may not post another person's image, likeness, private information, contact information, payment information, or banking information without their consent.
We may review, remove, limit, block, preserve, or disclose User Content and account information at our discretion, including when legally required or when we believe it is needed for safety, fraud prevention, enforcement, support, protecting users, or protecting Faby.
Acceptable Use: You will not:
- post or share content that is illegal, pornographic, exploitative, violent, hateful, discriminatory, or otherwise harmful;
- impersonate others or misrepresent your age, identity, employment, qualifications, affiliations, intentions, or relationship to any person or organization;
- harass, stalk, threaten, assault, coerce, discriminate, promote hate, engage in sexual misconduct, or encourage others to do so;
- solicit money through scams, fraud, deceptive fundraising, pyramid schemes, or manipulative practices;
- spam, scrape, reverse engineer, overload, interfere with, or bypass the Service or its safety, ranking, access, or moderation systems;
- infringe intellectual property, privacy, publicity, or other rights;
- coordinate, promote, or participate in illegal, unsafe, or regulated activity in violation of applicable law;
- create a new account after suspension or termination without our permission; or
- abuse reporting, appeals, support, or safety systems with knowingly false, malicious, or misleading reports.
12. Safety Tips and Community Guidelines
You agree to follow Faby's Safety Tips and Community Guidelines, if provided. We may update these policies from time to time, and they are incorporated by reference into these Terms.
13. Moderation; Enforcement
We may, at our sole discretion and without notice or liability, remove content, limit functionality, cancel participation, restrict visibility, suspend or terminate accounts, preserve records, or take other actions we deem necessary for any reason or no reason, including spam, nudity or sexual content, hate or harassment, dangerous activities, illegal conduct, scams or fraud, safety risks, poor behavior reported by the community, or violation of these Terms.
14. Payments; Premium Tiers; Refunds
Experiences may be paid or free. Participants may agree to split costs. We may also offer paid features and subscription tiers (for example, Premium or VIP) that provide enhanced visibility, discovery, or engagement tools. Prices, features, and availability may change.
Payments are processed by third-party payment processors and are subject to their terms. You authorize charges to your payment method for purchases, subscriptions, taxes, and fees. Except where required by law, payments are non-refundable; certain jurisdictions provide statutory rights that are not affected.
Subscriptions renew automatically until canceled. If you purchase through the Apple App Store, Google Play, or another external provider, cancellation and refund requests must be handled through that provider and are subject to that provider's rules. Deleting the app or deleting your Faby account does not automatically cancel external subscriptions.
After cancellation, subscription benefits generally continue until the end of the then-current billing period unless applicable law or the relevant app store or payment provider requires otherwise.
15. Third-Party Services
The Service may link to or rely on third-party services, such as mapping, analytics, crash reporting, identity verification, payments, messaging, email, SMS, fraud prevention, or customer support providers. We are not responsible for third-party services; their terms and privacy policies govern your use.
16. Intellectual Property
We and our licensors own the Service and associated intellectual property. All trademarks, logos, and brand elements are the property of their respective owners. No rights are granted except as expressly set forth in these Terms.
17. Feedback
You may provide suggestions, ideas, or feedback. You grant us a perpetual, worldwide, irrevocable, royalty-free license to use such feedback without restriction or compensation.
18. Copyright Complaints; DMCA
Faby respects intellectual property rights. If you believe content on the Service infringes your copyright, you may report it at support@getfaby.com.
A copyright complaint should include:
- a physical or electronic signature of the copyright owner or authorized agent;
- identification of the copyrighted work claimed to be infringed;
- identification of the material claimed to be infringing and information reasonably sufficient for us to locate it;
- your name, address, telephone number, and email address;
- a statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We may remove allegedly infringing content and may terminate repeat infringers where appropriate.
19. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, SAFE, OR THAT ANY USER, HOST, ATTENDEE, EXPERIENCE, VENUE, ROUTE, EQUIPMENT, TRANSPORTATION, FOOD, OR ACTIVITY WILL BE LEGAL, SUITABLE, AVAILABLE, OR SAFE.
20. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, FABY, INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, DATA, GOODWILL, PERSONAL INJURY, PROPERTY DAMAGE, EMOTIONAL DISTRESS, OR OTHER HARMS ARISING FROM YOUR USE OF THE SERVICE, PARTICIPATION IN EXPERIENCES, OR INTERACTIONS WITH OTHER USERS. IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO FABY IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY; IN SUCH CASES, THE ABOVE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
21. Indemnity
You agree to indemnify, defend, and hold harmless FABY, INC. and its affiliates from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Service, User Content, Experiences you host or attend, interactions with other users, transportation or third-party arrangements, regulated activities, or violation of these Terms or applicable law.
22. Dispute Resolution; Arbitration; Class Action Waiver
Informal Resolution. Before filing a claim, you agree to first contact us at support@getfaby.com and attempt to resolve the dispute informally.
Binding Arbitration. Except for claims that cannot legally be forced into arbitration, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by a reputable arbitration provider. The Federal Arbitration Act governs this arbitration agreement. Arbitration will take place in Delaware, USA, unless applicable law requires another location. The arbitrator's decision will be final and enforceable in any court of competent jurisdiction.
Non-Arbitrable Claims. Nothing in these Terms requires arbitration of claims that applicable law does not allow to be arbitrated, including, where applicable, sexual assault or sexual harassment claims. Non-arbitrable claims will be governed by Delaware law and brought in Delaware courts unless prohibited by law.
Class Action Waiver. You and Faby agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims.
Jury Trial Waiver. To the extent a claim proceeds in court rather than arbitration, you and Faby waive any right to a jury trial to the maximum extent permitted by law.
Small Claims. Either party may seek relief in small claims court in Delaware, USA, or another court allowed by applicable law for disputes within that court's jurisdiction.
23. Suspension; Termination; Survival
We may suspend or terminate your access to the Service at any time, with or without notice, for any reason or no reason, including violation of these Terms. Upon termination, the rights granted to you under these Terms will end.
Sections that by their nature should survive will survive termination, including intellectual property, User Content licenses, disclaimers, limitation of liability, indemnity, arbitration and dispute resolution, payment obligations, safety disclaimers, user interaction disclaimers, and any other provisions needed to enforce these Terms.
24. Changes to the Service and Terms
We may modify the Service and these Terms at any time. Material changes will be notified by reasonable means, such as an in-app notice. Your continued use after changes become effective constitutes acceptance. If you do not agree, discontinue use.
25. Miscellaneous
These Terms constitute the entire agreement between you and Faby regarding the Service and supersede prior agreements. If any provision is held invalid, the remaining provisions will remain in full force. You may not assign these Terms without our consent; we may assign freely. No waiver of any term will be deemed a further or continuing waiver.