FREQUENT FAN
TERMS OF USE

These Terms of Use (“Terms”) govern your access to and use of any ticket, hospitality package, athlete appearance, or other premium experience (collectively, “Experiences”) offered by Frequent Fan, Inc. (“FrequentFan,” “we,” “us,” or “our”), whether accessed directly through a FrequentFan website, application, or platform, or through a third-party partner platform.

By accessing, purchasing, or participating in any Experience, you agree to be legally bound by these Terms.

Your use of the Platform is also subject to our Privacy Policy, which describes how we collect, use, and share your personal information.

FrequentFan does not control and is not responsible for the acts, omissions, or performance of any third-party providers, including venues, ticket issuers, Talent, or hospitality providers.

FrequentFan operates a digital rewards and experience platform that curates, markets, and facilitates access to tickets, hospitality packages, athlete appearances, and other premium experiences (“Experiences”).

Depending on the Experience or product purchased, FrequentFan may act as either:

• the merchant of record for certain Experience purchases; or
• a facilitator, marketer, or platform provider connecting you with a third-party merchant of record.

Where FrequentFan is not the merchant of record, the applicable third-party merchant of record (“Third-Party Merchant”) will be identified at the time of checkout or in related transaction materials.

FrequentFan may:

• source ticket inventory from authorized distributors and partners;
• procure athlete and talent appearances through third-party booking partners;
• bundle tickets and hospitality into packaged Experiences; and
• market Experiences directly or through partner platforms.

FrequentFan is not affiliated with or endorsed by any league, team, venue, or performer unless expressly stated.

FIFA and the FIFA World Cup are trademarks of FIFA. FrequentFan is not affiliated with, endorsed by, or sponsored by FIFA.

Experiences may be displayed, marketed, or accessed through third-party platforms (“Partner Platforms”).

If you purchase an Experience through a Partner Platform:

• The merchant of record for the transaction may be FrequentFan or a Third-Party Merchant.
• The applicable merchant of record will be clearly identified at checkout.
• Your contract for any purchase is with the merchant of record.

Partner Platforms:

• are not the seller of the Experience unless expressly stated;
• are not responsible for fulfillment, delivery, refunds, or performance of the Experience; and
• shall not be liable for claims arising from the Experience to the fullest extent permitted by law.

Where FrequentFan is not the merchant of record:

• FrequentFan may act as a facilitator or service provider; and
• the Third-Party Merchant is responsible for payment processing, refunds, and transaction-related obligations.

For example, ticket purchases may be fulfilled by third-party partners such as Victory Live, which acts as the merchant of record for such transactions.

Your contract for any purchase is with the merchant of record identified at checkout, not with FrequentFan unless FrequentFan is explicitly identified as the merchant of record.

Certain booking and transaction information may be shared between FrequentFan, Partner Platforms, and the applicable merchant of record for operational, reconciliation, and customer support purposes.

Customer support may be provided by FrequentFan or the applicable merchant of record, as indicated at checkout or in your order confirmation.

If there is a conflict between a Partner Platform’s terms and these Terms regarding purchase, fulfillment, or delivery, these Terms govern unless otherwise required by the applicable merchant of record.

You must be at least 18 years old to purchase Experiences.

By purchasing, you represent that:

• All information provided is accurate;
• You are authorized to use the selected payment method.

4.1 Authorised Supply

Tickets made available as part of certain Experiences, including FIFA World Cup 2026 tickets, are sourced through authorised distributors and partners. FrequentFan is not the issuer of such tickets and may act as a facilitator of bundled Experiences and not as the ticket issuer.

Nothing in these Terms shall be construed as creating any affiliation with or endorsement by FIFA.

4.2 FIFA Ticketing Rules

All FIFA World Cup 2026 tickets are subject to FIFA’s official ticketing terms and conditions, policies, and procedures (the “FIFA Ticketing Rules”), which shall apply in addition to these Terms and shall prevail in the event of any conflict.

4.3 Delivery & Access

Tickets may be delivered electronically, including via mobile application, digital wallet, or other authorised transfer systems.

For FIFA World Cup 2026 tickets, delivery and access will occur exclusively via FIFA’s official ticketing systems or as facilitated by authorised distributors.

You are responsible for:

• Providing accurate contact details;
• Completing any required account registration or identity verification;
• Accepting ticket transfers promptly; and
• Complying with all FIFA Ticketing Rules and venue entry requirements.

FrequentFan is not responsible for failure to access tickets due to your failure to comply with FIFA processes or requirements.

4.4 Resale & Transfer Restrictions

Tickets may be subject to strict resale and transfer restrictions.

For FIFA World Cup 2026 tickets:

• Resale is only permitted through FIFA’s official resale or ticket exchange platform, unless otherwise expressly authorised by FIFA.
• Transfer of tickets must occur in accordance with FIFA’s official ticketing systems and processes.
• Any attempt to resell, transfer, or use tickets in violation of FIFA Ticketing Rules may result in cancellation of tickets, denial of entry, or other enforcement action by FIFA or the venue.
• FrequentFan is not responsible for any such actions.

4.5 Final Sale

ALL SALES ARE FINAL EXCEPT AS EXPRESSLY PROVIDED IN SECTION 4.6 OR SECTION 10.

Tickets and Experiences are non-refundable, non-exchangeable, and non-cancellable once confirmed, except where required under applicable law or as expressly stated in these Terms or applicable FIFA Ticketing Rules.

4.6 Event Cancellation or Rescheduling

If an event is cancelled and not rescheduled, you may be eligible for a refund in accordance with Section 10 and any applicable FIFA Ticketing Rules.

If an event is postponed or rescheduled, tickets will remain valid for the rescheduled date and no refund will be provided unless required by FIFA Ticketing Rules or applicable law.

4.7 Ticket Substitution

Where tickets (other than FIFA World Cup 2026 tickets) become unavailable, FrequentFan may, at its discretion, provide substitute tickets of equal or greater value or issue a refund.

Due to allocation and transfer restrictions imposed by FIFA and authorised distributors, ticket substitution may not be available for FIFA World Cup 2026 tickets.

4.8 No Guarantee of Entry

Admission to any event is subject to the rules and decisions of FIFA, the venue, and applicable authorities.

FrequentFan does not guarantee entry where:

• tickets are not used or transferred in accordance with FIFA Ticketing Rules;
• venue rules are violated; or
• entry is denied by FIFA or venue operators for any reason beyond FrequentFan’s control.

Tickets that are not transferred or used in accordance with FIFA Ticketing Rules may be invalidated without refund.

4.9 Pricing Disclosure

Ticket prices may exceed the original face value where permitted by law and applicable policies. Where available, face value may be displayed for reference.

Certain Experiences include athlete, creator, or celebrity appearances (“Talent”).

5.1 No Guarantee of Specific Performance

Talent participation is subject to:

• League rules
• Scheduling
• Health and safety considerations
• Contractual limitations
• Force majeure events

FrequentFan does not guarantee:

• Specific duration of appearance;
• Individual interaction time;
• Autographs;
• One-on-one engagement;
• Photographs beyond designated opportunities.

5.2 Talent Substitution

If Talent becomes unavailable, FrequentFan may:

• Provide substitute Talent of comparable profile;
• Modify the Experience format;
• Reschedule the Experience;
• Offer credit or partial refund at its discretion.

Talent substitution does not automatically entitle you to a refund.

Athlete illness, injury, league restrictions, or scheduling conflicts shall not constitute breach of these Terms.

5.3 Experience Modifications

Experience details may change, including venue, schedule, format, hospitality components, or Talent timing.

Such changes do not constitute material breach unless the core Experience is not delivered.

5.4 Marketing & Description Disclaimer

Descriptions, images, and promotional materials relating to any Experience are provided for illustrative purposes only and may not reflect the exact Experience delivered. Actual Experience details, including Talent participation, seating, format, and amenities, may vary.

You agree that you are not relying on any statements or representations not expressly set forth in these Terms.

Venues are independently operated.

FrequentFan is not responsible for:

• Venue security decisions;
• Denied entry;
• Ejection due to misconduct;
• Alcohol policies;
• Seating changes;
• Crowd behavior.

You must comply with venue rules and all applicable laws.

FrequentFan may remove or deny participation to anyone engaging in unsafe, illegal, or disruptive conduct without refund.

Alcohol consumption is at your own risk.

You are responsible for complying with all applicable laws and venue policies relating to alcohol.

FrequentFan is not responsible for injuries, damages, or incidents arising from alcohol consumption.

Guests requiring accessibility accommodations should notify FrequentFan in advance.

Accommodation is subject to venue policies and availability.

Payment for Experiences will be processed by the merchant of record identified at checkout.

Where FrequentFan is the merchant of record, you authorize FrequentFan to charge your selected payment method.

Where a Third-Party Merchant is the merchant of record, you authorize that entity to process your payment in accordance with its applicable terms.

The merchant of record is responsible for:

• payment processing;
• applicable taxes;
• transaction records; and
• financial compliance obligations.

FrequentFan may:

• facilitate payment processing on behalf of Third-Party Merchants;
• cancel or refuse transactions suspected of fraud;
• require identity verification; or
• restrict access to the Platform.

9.1 Taxes

Prices may include or exclude applicable taxes depending on the merchant of record and jurisdiction. You are responsible for any applicable taxes associated with your purchase.

10.1 General Policy

Except as expressly set forth in this Section or required by applicable law, all purchases are final and non-refundable.

10.2 Merchant of Record Responsibility

Refund eligibility, processing, and timing are determined by the merchant of record for the transaction.

Where FrequentFan is the merchant of record, refunds will be issued in accordance with these Terms.

Where a Third-Party Merchant is the merchant of record, refunds may be governed by that merchant’s policies and procedures.

FrequentFan is not responsible for issuing refunds for transactions where it is not the merchant of record, but may assist in facilitating communication with the applicable Third-Party Merchant.

10.3 FIFA World Cup 2026 Tickets

Refunds relating to FIFA World Cup 2026 tickets are subject to FIFA’s official ticketing and refund policies, as well as any applicable policies of authorised distributors. These policies shall prevail in the event of any inconsistency with these Terms.

In general, FIFA ticket purchases are non-refundable except in limited circumstances determined by FIFA, including where:

• a match is cancelled and not rescheduled; or
• other refund conditions are expressly provided under FIFA Ticketing Rules.

Where applicable, refunds will be processed in accordance with FIFA’s procedures and timelines.

10.4 Event Cancellation

If an Experience is fully cancelled and not rescheduled, you may be eligible for a refund:

• from the applicable merchant of record; and
• subject to any applicable FIFA Ticketing Rules, third-party supplier or ticketing rules.

10.5 No Refund Scenarios

Unless required by law or applicable FIFA Ticketing Rules, no refunds will be issued for:

• change of mind;
• inability to attend;
• travel or personal circumstances;
• event postponement or rescheduling;
• Talent substitution or Experience modifications;
• failure to comply with FIFA Ticketing Rules or ticket access requirements.

10.6 Third-Party Controlled Outcomes

Where tickets are supplied by authorised distributors, certain refund determinations may be controlled by such distributors or by FIFA. Any refunds received by the merchant of record from such parties may be passed through to you where applicable.

10.7 Sole Remedy

To the maximum extent permitted by law, any refund issued under this Section constitutes your sole and exclusive remedy in connection with the applicable Experience.

10.8 Consumer Rights

Nothing in these Terms limits any non-waivable rights you may have under applicable consumer protection laws.

Where FrequentFan is the merchant of record, you agree to contact FrequentFan to attempt to resolve any issue before initiating a chargeback.

If you initiate a chargeback without first contacting FrequentFan:

• FrequentFan may contest the dispute;
• You may be restricted from future purchases;
• FrequentFan may pursue recovery of associated costs, fees, and expenses, to the extent permitted by applicable law.

For transactions where a Third-Party Merchant is the merchant of record, disputes and chargebacks may be handled by that merchant in accordance with its policies.

Attendance at live events involves inherent risks including injury, illness, crowd-related incidents, weather exposure, and travel disruption.

You voluntarily assume all risks associated with attending any Experience.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

FREQUENTFAN SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST TRAVEL EXPENSES, HOTEL COSTS, OR AIRFARE.

FREQUENTFAN’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC EXPERIENCE GIVING RISE TO THE CLAIM.

FREQUENTFAN IS NOT RESPONSIBLE FOR THE ACTS, OMISSIONS, OR POLICIES OF ANY THIRD-PARTY MERCHANT, INCLUDING WITH RESPECT TO PAYMENT PROCESSING, REFUNDS, OR TRANSACTION DISPUTES.

You agree to indemnify and hold FrequentFan harmless from claims arising out of:

• Your misconduct;
• Violation of venue rules;
• Misuse of tickets;
• Unauthorized use of content.

FrequentFan is not liable for delays or failure caused by events beyond its control, including natural disasters, government actions, pandemic, venue closures, Talent illness, transportation disruption, or league decisions.

FrequentFan may reschedule, substitute, issue credit, or refund at its discretion.

By completing a purchase, you affirmatively acknowledge that you have read, understood, and agree to be bound by these Terms, including the arbitration provision and class action waiver.

PLEASE READ THIS SECTION CAREFULLY.

Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration administered by JAMS in New York, New York.

CLASS ACTION WAIVER: YOU AND FREQUENTFAN 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 OR REPRESENTATIVE PROCEEDING.

You waive the right to a jury trial.

Either party may bring an individual claim in small claims court if eligible. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

You may opt out of arbitration by providing written notice within 30 days of your first purchase. To opt out, you must send written notice including your full name and email address to hello@frequentfan.com within 30 days of your first purchase.

Judgment on the arbitration award may be entered in any court of competent jurisdiction.

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles.

If any provision is found unenforceable, the remaining provisions remain in full force and effect.

The provisions relating to limitation of liability, indemnification, arbitration, governing law, and class action waiver shall survive completion of the Experience and any termination of these Terms.

These Terms constitute the entire agreement between you and FrequentFan regarding use of the Platform and purchase of Experiences.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL EXPERIENCES, SERVICES, AND THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. FREQUENTFAN DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FREQUENTFAN DOES NOT WARRANT THAT ANY EXPERIENCE WILL MEET YOUR EXPECTATIONS OR THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.