FARPLAY TERMS OF SERVICE

Effective date: December 20, 2022
Last Updated: June 3, 2026

Welcome, and thank you for your interest in FarPlay, Inc. (“FarPlay,” “we,” or “us”) and our website at https://farplay.io, along with products and services and associated software provided by us (collectively, the “Service”). The Service includes both the downloadable FarPlay application and certain web-based features, including optional components such as FarPlay Meet.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING FARPLAY’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). 

IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. 

YOUR USE OF THE SERVICE, AND FARPLAY’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY FARPLAY AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE 

Except for certain kinds of disputes described in Section 15, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration. 

BY ACCEPTING THESE TERMS, YOU AND FARPLAY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Eligibility; Minimum Age

You must be at least sixteen (16) years old to access or use the Service. By accessing or using the Service, you represent and warrant that you are at least sixteen (16) years of age and have the legal capacity to enter into these Terms.

If you are under the age of sixteen (16), you may use the Service only with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf.

FarPlay does not knowingly permit individuals under the age of sixteen (16) to create accounts or use the Service. If FarPlay becomes aware that an individual under the age of sixteen (16) has accessed or used the Service, FarPlay may terminate such access and delete the associated account and information.

1. FarPlay Service Overview

FarPlay enables end users (e.g., musicians and other performers) to collaborate over distances with low-latency audio and, where available, video, augmented by a portfolio of production-relevant tools. Access to the Service is provided by the downloadable FarPlay application and related websites and account-based features, freely available at https://farplay.io/download.

FarPlay may be used in several ways, including:
• using the application for free without registering for an account;
• using the application for free with a free account;
• using the application with a Subscription that enables access to enhanced features; and
• using the application with a Subscription that enables access to enhanced features and may include access to FarPlay Meet.

A “Subscription” means any plan that enables access to enhanced features, including plans that begin with a free trial period.

FarPlay Meet 

FarPlay Meet is an optional component of the Service that provides web-based discovery and social features, including profiles, listings, messaging, and user-generated content tools. Use of FarPlay Meet is subject to these Terms.

2.1 Accounts and Registration

To access some features of the Service, you must register for an account. When you register, you may be required to provide certain information, such as your name or email address. You agree that the information you provide is accurate, complete, and not misleading, and that you will keep it updated. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. If you believe your account is no longer secure, you must notify us immediately at support@farplay.io.

Some portions of the FarPlay application may be used without an account; however, certain functionality—including enhanced features and FarPlay Meet—may not be available unless you maintain an active account and/or Subscription.

2.2 General Payment Terms

Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable unless otherwise specifically provided in these Terms.

2.3 Price

FarPlay reserves the right to determine pricing for the Service. FarPlay will make reasonable efforts to keep pricing information published on the Service up to date. FarPlay may change fees for any feature of the Service with advance notice before the changes apply. FarPlay may make promotional offers with different features or pricing to some customers. Promotional offers may not apply to your account unless explicitly stated.

2.4 Authorization

You authorize FarPlay to charge all sums for orders and Subscription levels you select, including applicable taxes, to the payment method associated with your account. If you pay with a credit card, FarPlay may seek pre-authorization of your card to verify that it is valid and has sufficient funds or credit available.

2.5 Subscription Service

The Service may include subscription-based plans with automatically recurring payments (“Subscription Service”). The “Subscription Billing Date” is the date you activate your first Subscription. A Subscription will begin on the Subscription Billing Date and will continue for the subscription period you select (the “Initial Subscription Period”). It will automatically renew for successive subscription periods of equal duration (“Subscription Periods”) unless you cancel the Subscription or FarPlay terminates it.

By activating a Subscription, you authorize FarPlay or its third-party payment processors to charge recurring Subscription Fees on an ongoing basis until you cancel. For information on Subscription Fees, please see https://farplay.io/subscription.

Your account will be charged automatically on the Subscription Billing Date and on each renewal date for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription before the renewal date to avoid being charged for the next period. You may cancel your Subscription at any time directly through your account page at https://farplay.io/myAccount. The cancellation process is straightforward and can be completed in a few simple steps.

2.6 Delinquent Accounts

FarPlay may suspend or terminate access to the Service for any account with unpaid amounts due. If your payment method becomes invalid at the time a renewal Subscription Fee is due, FarPlay reserves the right to disable your account and any associated information without liability.

3.1 Limited License

Subject to your complete and ongoing compliance with these Terms, FarPlay grants you, solely for your personal or commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
(a) install and use the downloadable application associated with the Service; and
(b) access and use the Service, including any optional components of the Service made available to you, such as FarPlay Meet.

3.2 License Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you may not:
(a) reproduce, distribute, or create derivative works of the Service;
(b) make modifications to the Service; or
(c) interfere with or circumvent any feature of the Service, including any security or access control mechanism or latency-dependent functionality.

If you are prohibited under applicable law from using the Service, then you may not use it.

3.3 Feedback

If you choose to provide input and suggestions regarding existing functionalities, problems with, or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant FarPlay an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

3.4 Ownership; Proprietary Rights

The Service is owned and operated by FarPlay. The visual interfaces, graphics, design, compilation, information, data, computer code (including source or object code), products, software, services, and all other elements of the Service provided by FarPlay (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of FarPlay or its third-party licensors. Except as expressly authorized by FarPlay, you may not make use of the Materials. There are no implied licenses in these Terms, and FarPlay reserves all rights to the Materials not expressly granted in these Terms. Your ability to access or use Materials within optional components of the Service, including FarPlay Meet, may depend on your account status or Subscription level.

4. User Content and Conduct

4.1 User Content

Certain features of the Service, including FarPlay Meet, may allow you to create, post, upload, transmit, or otherwise make available content, including text, audio, images, video, profile information, messages, and other materials (“User Content”). You retain ownership of your User Content, subject to the licenses granted in these Terms.

By making User Content available through the Service, you grant FarPlay a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, use, reproduce, modify, display, distribute, and perform your User Content solely as necessary to operate, improve, promote, and provide the Service.

You represent and warrant that:
(a) you own or have all necessary rights to your User Content; and
(b) your User Content does not violate these Terms or any applicable law.

4.2 Responsibility for User Content

You are solely responsible for your User Content and for your interactions with other users. FarPlay does not control, endorse, or assume responsibility for any User Content, and makes no guarantees regarding its accuracy, quality, or legality.

FarPlay is not responsible for any loss or damage resulting from your use of, or reliance on, User Content made available through the Service.

4.3 Prohibited Conduct

You agree not to engage in any conduct that:
• violates any applicable law or regulation;
• is fraudulent, deceptive, abusive, harassing, threatening, defamatory, or obscene;
• infringes or misappropriates the intellectual property or other rights of any third party;
• involves impersonation or misrepresentation of your affiliation with any person or entity;
• exploits, harms, or attempts to exploit or harm others; or
• interferes with, disrupts, or attempts to circumvent the Service or its technical systems.

Additional rules or guidelines applicable to specific features of the Service, including FarPlay Meet, may be provided as part of the Service and constitute “Additional Terms” under Section 16.

5. Monitoring, Enforcement, and Termination

5.1 Monitoring and Enforcement

FarPlay reserves the right, but does not have the obligation, to monitor access to or use of the Service, including interactions between users and User Content, for compliance with these Terms and applicable law. FarPlay may investigate violations of these Terms or conduct that affects the Service, its users, or third parties.

FarPlay may take any action it deems appropriate in its sole discretion in response to a violation of these Terms, including removing or restricting access to User Content, suspending or terminating accounts, or reporting conduct to law enforcement authorities.

5.2 Content Removal

FarPlay may remove or disable access to any User Content at any time, with or without notice, if FarPlay determines in its sole discretion that the User Content violates these Terms, is unlawful, or may create risk or liability for FarPlay or its users.

FarPlay does not guarantee that any User Content will be available through the Service and assumes no responsibility for the deletion or removal of User Content.

5.3 Account Suspension and Termination

FarPlay may suspend or terminate your access to the Service, including any Subscription or optional components such as FarPlay Meet, at any time and for any reason, including if you violate these Terms or fail to pay applicable fees.

You may terminate your account at any time by following the instructions available through your account settings. Termination of your account may result in the loss of access to the Service and any User Content associated with your account.

5.4 Effect of Termination

Upon termination of your account or access to the Service:
• all licenses granted to you under these Terms will immediately terminate;
• you will no longer have access to the Service or any associated features; and
• any outstanding payment obligations incurred prior to termination will remain due.

Sections that by their nature should survive termination, including ownership provisions, disclaimers, limitation of liability, indemnification, and dispute resolution, will survive termination of these Terms.

6. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FARPLAY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

FARPLAY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE. FARPLAY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING USER INTERACTIONS OR THE CONDUCT OF OTHER USERS, INCLUDING THROUGH FARPLAY MEET.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FARPLAY OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF FARPLAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FARPLAY’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
(a) THE AMOUNT YOU PAID FARPLAY FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR
(b) ONE HUNDRED U.S. DOLLARS (USD $100).

Some jurisdictions do not allow limitations of liability for certain damages, so some of the above limitations may not apply to you.

8. Indemnification

You agree to indemnify, defend, and hold harmless FarPlay and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
(a) your access to or use of the Service;
(b) your User Content;
(c) your interactions with other users, including through FarPlay Meet; or
(d) your violation of these Terms or any applicable law.

FarPlay reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with FarPlay in defending such claims.

9. Third-Party Services and Content

The Service may contain links to third-party websites, services, or resources that are not owned or controlled by FarPlay. Access to or use of any third-party services is at your own risk and subject to the terms and policies of those third parties. FarPlay does not endorse, warrant, or assume responsibility for any third-party content, products, or services.

10. Privacy

Your use of the Service is subject to FarPlay’s Privacy Policy, which describes how FarPlay collects, uses, and shares personal information. By using the Service, you acknowledge that you have read and understand the Privacy Policy. (https://farplay.io/privacypolicy)

11. Changes to the Service or Terms

FarPlay reserves the right to modify or discontinue the Service, or any part thereof, at any time, with or without notice. FarPlay may also update these Terms from time to time. If FarPlay makes material changes to these Terms, FarPlay will provide reasonable notice, such as by posting the updated Terms on the Service or through other communications.

Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the revised Terms.

12. Governing Law and Venue

Except as otherwise provided in Section 15 (Arbitration and Dispute Resolution), these Terms and your use of the Service are governed by the laws of the State of Delaware, without regard to conflict of laws principles.

13. Notices

FarPlay may provide notices to you by email, posting on the Service, or other reasonable means. Notices to FarPlay must be sent to support@farplay.io, unless otherwise specified in writing.

14. Miscellaneous

14.1 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without FarPlay’s prior written consent. FarPlay may assign these Terms at any time without restriction.

14.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

14.3 Waiver
The failure of FarPlay to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

14.4 Entire Agreement
These Terms, together with the Privacy Policy and any Additional Terms, constitute the entire agreement between you and FarPlay regarding the Service and supersede all prior or contemporaneous agreements or understandings.

15. Arbitration and Dispute Resolution

15.1 Mandatory Arbitration
Except for claims that may be brought in small claims court or requests for injunctive or equitable relief relating to intellectual property rights, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding, individual arbitration and not in a court of law.

15.2 Class Action Waiver
YOU AND FARPLAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

15.3 Arbitration Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules. The arbitration will be conducted in English by a single arbitrator. Judgment on the arbitration award may be entered in any court having jurisdiction.

15.4 Governing Law
These Terms and any disputes arising out of or relating to them will be governed by the laws of the State of Delaware, without regard to conflict of law principles.

16. Additional Terms

16.1 Additional Terms
Certain features or components of the Service may be subject to additional terms, guidelines, or rules (“Additional Terms”). If Additional Terms apply to a portion of the Service, those Additional Terms will be presented in connection with your use of that portion of the Service.

16.2 Priority
If there is a conflict between these Terms and any Additional Terms, the Additional Terms will control with respect to the applicable feature or component of the Service.

16.3 FarPlay Meet
Use of FarPlay Meet may be subject to additional rules, guidelines, or community standards made available through the Service or related websites.

16.4 Survival
All provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, disclaimers, limitation of liability, indemnification, and dispute resolution.