Draft for legal review — not an approved release
Revised for William Henry Mayo’s intended United States (all states) and Canada teen beta. Not yet effective. Before activation, complete the postal address; confirm the minimum age and working parent/guardian consent model; obtain US/Canadian legal review of consumer terms, liability, copyright procedures and the Apple license; and complete applicable Québec French-language and privacy requirements.
Terms of Service
These Terms govern your access to Fart With Friends, fartwithfriends.com, and the related private-beta services (together, the "Service"). “FWF,” “we,” “us,” and “our” mean William Henry Mayo, the operator of Fart With Friends.
The plain-language deal
- FWF lets you send private audio to 1–20 accepted friends you select. Each recipient can choose to send a short reaction clip back to you.
- You are responsible for what you record, whom you record, what you send, and activity under your account.
- Do not harass people, secretly record them, expose personal information, impersonate others, break the law, evade blocks, or attack the Service.
- The beta may fail, change, lose data, or stop. It is not an emergency, safety, health, navigation, or guaranteed-storage service.
- Important legal protections, liability limits, and dispute terms appear below. Some rights cannot lawfully be waived.
1. Your agreement with FWF
You accept these Terms by affirmatively accepting the identified Terms release in the app after it takes effect. Our Privacy Policy explains our information practices; acknowledging it is not consent to practices that require a separate choice.
If you do not agree, do not use the app. The beta is offered for personal, non-commercial use.
Legal-review requirement: The operator has identified himself as William Henry Mayo. Complete and verify the mailing address (191 Pennsylvania Ave; city, state/province, postal code, and country pending) before these Terms take effect.
2. Who may use the Service
You may use the Service only if:
- you are at least 13 and at least the higher minimum age required where you live;
- if you have not reached the age of majority where you live, your parent or legal guardian has reviewed these Terms and permits your use;
- you are not barred from the Service under applicable law; and
- you use the beta in the United States or Canada, where FWF has made it available and completed the required local launch review.
FWF does not offer an under-13 experience. We may request information reasonably necessary to confirm eligibility and may suspend or delete an ineligible account. The proposed minimum of 13 is pending owner confirmation. Age-appropriate eligibility and parent/guardian controls must be verified before teen invitations. For Québec users under 14, required parental or guardian consent must be obtained before collecting their personal information; no entertainment-service exception is assumed. Eligibility must exclude those users unless that consent process is available. These statements do not themselves implement an age or consent control.
3. What the current beta is—and is not
The current beta supports private Fart sends to 1–20 accepted friends; an Inbox; deliberate listening; optional consented reaction clips; one-to-one Fart Back replies; Saved items; friends and safety controls; notifications; and an optional device-only journal of your own accepted sends. Groups are private recipient-selection shortcuts for the sender, not shared conversations. Recipients are not shown the group name or other recipients by the Service.
The current beta does not provide public Fart posting, public map markers, nearby encounter tracking, generic chat rooms, payments, subscriptions, prizes, professional advice, continuous location monitoring, or a guarantee that content will remain available. Location journal coordinates remain on the device and are not part of the send.
You need a compatible device, network connection for online features, and any permissions you choose to grant. Carrier, data, and device charges are your responsibility.
4. Accounts and security
- Provide accurate information and keep it reasonably current.
- Keep credentials and sign-in devices secure. Do not sell, lend, transfer, or share an account.
- Tell [email protected] promptly if you suspect unauthorized access.
- You are responsible for activity under your account to the extent permitted by law.
- FWF may reclaim a Fart Tag or username that infringes rights, impersonates someone, creates confusion, is unlawful, or is needed to remedy abuse.
5. Your content, people around you, and permission to operate
You remain responsible for your content
“Your Content” means audio, video, images, profile information, reports, support communications, and other material you submit through the Service. As between you and FWF, you retain ownership rights you have in Your Content. You represent that you have all rights, permissions, and consents needed to record, upload, send, and authorize our processing of it.
Reaction clips can capture faces, voices, screens, homes, bystanders, music, and private conversations. Recording-consent laws vary. Do not record or send anyone who has not given the permission required by law. Do not send content merely because the app technically lets you.
A narrow service license
You grant FWF a non-exclusive, worldwide, royalty-free, sublicensable-to-our-service-providers license to host, store, reproduce, encode, transmit, display, play, and otherwise process Your Content only as reasonably necessary to provide your chosen features, maintain and secure the Service, handle support and safety reports, and comply with law. This license does not give FWF the right to sell Your Content as stock media, place it in advertising, or train a general-purpose generative-AI model unless you separately agree to clear terms for that use.
The license lasts while Your Content is stored or reasonably needed for these purposes. After deletion, FWF may process remaining copies only for backup expiry, deletion, proportionate legal or safety holds, or resolving legal claims. Copies independently kept by others do not extend FWF’s license for unrelated uses.
Optional tone export
Let friends save farts is off by default. If you turn it on, you permit eligible friends to export your received recordings through the tone feature for personal ringtone or text-tone use. Export requires a current friendship, no block in either direction, and your permission at the time of authorization. You must have the rights and permissions needed for this use.
The feature creates an audio file of no more than 30 seconds and opens the device share sheet. It does not export reaction videos. Turning the setting off, unfriending, blocking, or deleting your account prevents future authorized exports but cannot recall files already exported. Recipients may keep those files for the permitted personal use; this permission does not authorize public posting, resale, harassment, or further distribution. Once a file leaves the app, FWF cannot technically enforce those restrictions or control the destination you choose.
Recipient risk
FWF restricts in-app access, but a recipient can play content aloud, use screen recording, film another device, or share information outside the Service. FWF cannot guarantee that another person will honor your expectations. Send only to someone you trust.
6. Rules for use
You must not use—or help anyone use—the Service to:
- harass, bully, threaten, stalk, exploit, shame, dox, extort, or encourage harm;
- share sexual content involving a minor; groom or exploit a minor; or endanger a child;
- record, upload, disclose, or use another person's face, voice, personal data, confidential information, or intellectual property without required permission;
- promote hatred or violence, commit fraud, impersonate someone, distribute malware, or facilitate illegal activity;
- evade a block, suspension, audience restriction, consent rule, media authorization, or other safety control;
- spam, scrape, harvest identifiers, operate bots, manipulate service measures, or send unauthorized commercial solicitations;
- probe, attack, overload, disrupt, or gain unauthorized access to the Service, an account, private media, or infrastructure;
- reverse engineer or circumvent technical protections except to the limited extent applicable law expressly permits despite this restriction;
- misuse reporting, privacy, copyright, deletion, support, or appeal systems; or
- create legal, security, or safety risk for users, FWF, providers, or third parties.
When there is an immediate danger, contact local emergency services. FWF is not an emergency reporting or monitoring service and does not promise to review reports in real time.
7. Safety, moderation, removal, and reports
FWF may investigate reports and may restrict delivery, remove or preserve content, disable a feature, suspend or terminate an account, or contact authorities when we reasonably believe it is necessary to enforce these Terms, protect someone, address fraud or security, comply with law, or reduce potential liability.
Subject to applicable legal duties, FWF does not pre-screen all private content and cannot guarantee that it will detect every violation. We may use reports, service records, and proportionate technical or human review. Where required by law, we will provide notice and an opportunity to challenge a decision. Otherwise, we aim to explain significant restrictions, but may limit notice when lawful and necessary to protect safety, an investigation, or another person’s information. You may request review by emailing [email protected] with the relevant account and decision details.
Submit safety reports through the app where available or email [email protected]. Include enough information to locate the account or content without sending unnecessary sensitive material.
8. FWF software and intellectual property
FWF and its licensors own the Service, including software, design, branding, built-in sounds, graphics, and documentation, except for Your Content and third-party materials. Subject to these Terms, FWF gives you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the app on devices you own or control for non-commercial use under applicable App Store rules.
If you believe content infringes your copyright or other rights, email [email protected] with your contact details, the work or right involved, and enough information to identify the disputed content. Do not send unnecessary copies of private recordings. We may restrict accounts that repeatedly infringe others’ rights, subject to applicable law. Before approval, establish the US notice/counter-notice process and designated-agent registration if relying on an applicable DMCA safe harbor, and assess Canadian copyright procedures. This contact address is not a claim of registered-agent status.
If you send feedback, you permit FWF to use it without restriction or compensation, but this does not grant rights in Your Content or confidential information clearly identified as such.
9. Third-party services and app stores
The Service depends on third parties such as Apple, Google, Supabase, Firebase, and Sentry. Their services may fail or change, and their separate terms and privacy policies apply to their independent activities. FWF is not responsible for third-party services outside our control.
For an Apple download, this agreement is with FWF. FWF is responsible for the app, content, support and applicable warranties; Apple owes no support. Use is limited to Apple devices you own or control under Apple’s usage rules, including permitted Family Sharing or volume purchasing. Follow applicable third-party agreements.
If the app fails an applicable warranty, you may notify Apple for a refund of its purchase price. To the lawful extent, Apple has no further warranty duty; FWF handles remaining warranty claims and costs. FWF handles product, regulatory, consumer and privacy claims and the investigation, defense, settlement and discharge of third-party intellectual-property claims concerning the app or its use. Apple and its subsidiaries may enforce this agreement as third-party beneficiaries upon your acceptance.
Release check: confirm whether the App Store uses Apple’s standard EULA or these Terms as a custom EULA. A custom EULA must include the developer’s completed postal address, telephone number and email contact, and meet Apple’s current minimum terms.
You represent that you are not located in a country subject to a U.S. government embargo or designated as supporting terrorism and are not on a U.S. prohibited- or restricted-party list.
10. Beta service, changes, and data loss
The Service is a limited beta. Features may be incomplete, unavailable, delayed, changed, restricted, or removed. FWF may set limits, require an app update or renewed legal review, pause invitations, or discontinue the Service. We will provide notice when reasonably practical, but urgent security, legal, or operational changes may occur without advance notice.
Do not use FWF as your only copy of important content. Media access links expire independently of deletion of the underlying files; reaction clips are designed to expire after seven days, the local journal does not sync and can be lost with the device or app, and deletion or technical failure can make content unrecoverable.
11. Ending use, suspension, and termination
You may stop using the Service or initiate account deletion through available settings. FWF may suspend, restrict, or terminate access if you materially or repeatedly breach these Terms; create actual or reasonably suspected legal, security, or safety risk; evade enforcement; become ineligible; or if we must do so by law or discontinue the Service.
Provisions that by their nature should survive will survive, including content responsibility and limited residual licenses, intellectual-property rights, disclaimers, liability limits, indemnity, dispute terms, and general contract provisions.
12. Disclaimers
Nothing in these Terms limits a warranty or consumer right that applicable law does not permit us to limit. Mandatory US state and Canadian provincial protections take precedence over inconsistent disclaimers, liability limits, indemnities, termination or change provisions. For Québec consumers, exclusions and limitations do not apply where Québec law prohibits them, including for bodily or moral injury or intentional or gross fault.
To the fullest extent permitted by law, the Service is provided “as is” and “as available.” FWF and its providers disclaim implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not promise that the Service or content will be uninterrupted, secure, accurate, appropriate, available, error-free, or preserved; that defects will be fixed; or that users will behave lawfully or respectfully.
FWF is an entertainment service, not professional advice or a safety system. You are responsible for your interactions and for evaluating content and other users.
13. Limitation of liability
Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for fraud or for death or personal injury caused by negligence where the law prohibits exclusion.
To the fullest extent permitted by law, FWF and its affiliates, officers, directors, employees, agents, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including resulting loss of data, content, goodwill, opportunity, profits, or revenue, even if advised that such damage was possible. These exclusions do not excuse duties or liabilities that applicable law does not permit us to exclude.
To the fullest extent permitted by law, their total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of US $100 or the amount you paid FWF for the Service during the 12 months before the event giving rise to the claim.
Legal review is required: the cap and excluded-damage categories must be tested against the operator's jurisdiction, launch states, minor-user model, and applicable consumer law.
14. Your responsibility for third-party claims
To the extent permitted by law, you will defend, indemnify, and hold harmless FWF and its affiliates, officers, directors, employees, and agents from third-party claims, damages, losses, liabilities, and reasonable legal costs arising from Your Content, your unlawful recording or disclosure, your material breach of these Terms, or your violation of another person's rights. This obligation applies only to the extent the claim was caused by your unlawful conduct or material breach. It does not cover FWF’s or another protected party’s negligence, fraud, willful misconduct, or breach of law or these Terms. FWF will give prompt notice and a reasonable opportunity to participate in the defense. Neither party may settle a claim in a way that admits fault or imposes a non-monetary obligation on the other without that party’s written consent. This clause is subject to mandatory consumer protections and review for any permitted minor users.
15. Disputes, governing law, and venue
Please send disputes and your requested resolution to [email protected] so we can try to resolve them informally. This is voluntary: it does not require you to delay filing a claim, prevent a complaint to a regulator, restrict access to a court or small-claims process, or shorten any legal deadline.
These Terms do not require arbitration or waive participation in a class action. You retain any mandatory right to bring proceedings where you live. No choice of law or court in a later release may remove consumer protections that apply regardless of that choice.
Required legal decision: governing law and venue remain pending the operator’s complete address and US/Canadian counsel review. For Québec, the required French version of the agreement and related documents and a compliant language-choice process must be available before acceptance; this English draft does not establish that process.
16. Changes to these Terms
FWF may update these Terms to reflect changes in the Service, law, security, or business. For material changes, we will provide reasonable notice when required and may require you to review and affirmatively accept the exact owner-approved release before continuing. Changes do not retroactively alter a dispute unless applicable law and a valid agreement permit it. If you do not agree to updated Terms, stop using the Service and delete your account.
17. General terms
These Terms and any additional terms expressly presented for a feature form the entire agreement about the Service and replace earlier terms on the same subject. If additional terms conflict, the more specific terms control for that feature. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the rest remains effective. Failure to enforce a provision is not a waiver.
You may not assign these Terms without our written consent. FWF may assign them in connection with a merger, financing, reorganization, or sale of the business, subject to applicable notice rights. Headings and plain-language summaries help reading but do not override the operative text.
18. Contact
Legal: [email protected]
Privacy: [email protected]
Support and safety: [email protected]
Operator: William Henry Mayo. Mailing address: 191 Pennsylvania Ave (remaining address details pending). The operator confirms the email contacts above are monitored. Complete the address and, for a custom Apple EULA, developer telephone contact before approval.