Terms of Service — Fart A Day
Effective date: October 22, 2025 Company: TEKFORK LLC — Gawkit Labs - Series 4 (“we”, “us”, “Fart a Day”) Website: https://fartaday.com Support: support@fartaday.com
Please read these Terms of Service (“Terms”) carefully. By creating an account, subscribing, or using the Service you agree to these Terms. If you do not agree, do not use the Service.
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Fart a Day is an entertainment subscription service that places an automated phone call to a verified phone number during business hours at a randomized time and plays a short prerecorded sound before ending the call (the “Service”). We use third-party providers (including Stripe for payments and Twilio for call delivery) to operate the Service.
Definitions • Account / Subscriber: the person or entity that registers for the Service and subscribes. • Service: the automated call delivery and related web application. • Content: sound clips, text, graphics, and other materials provided as part of the Service.
Eligibility • You must be at least 18 years old to subscribe. By registering and using the Service you confirm you are 18+ and able to enter a binding agreement. • You must provide accurate information (including a valid phone number) and keep it up to date. • You must have the legal right to receive calls at the phone number you verify.
Account Verification • We require phone number verification before we deliver calls. During verification we will place an automated call to the number you provide with a short message asking you to answer to confirm ownership. • Verification message sample: “We will call you now. Please answer to verify your phone number. If you miss this call or accidentally decline, please call the number back in a few minutes.” • If verification fails, we may suspend or cancel your access until verification succeeds.
Subscriptions, Billing & Refunds • Payments & processor: All payments are processed by Stripe. By subscribing you authorize Stripe to charge your chosen payment method for recurring subscription fees. • Billing information Stripe collects: Stripe will collect the personal and billing information necessary to process payments, which typically includes first name, last name, billing address, and phone number. We receive from Stripe the data required to provide the Service and manage billing. • Auto-renewal: Subscriptions automatically renew at the interval you selected unless you cancel prior to the next billing date. • Managing or canceling: You can manage or cancel your subscription through your account dashboard or by contacting support@fartaday.com. Cancellation stops future recurring charges but does not necessarily refund past charges. • Refunds & chargebacks: Unless otherwise stated or required by law, subscriptions are non-refundable. If you dispute a charge with your card issuer (chargeback) and it is found to be invalid, we reserve the right to suspend or terminate your account and seek recovery of costs. If you believe an error has occurred, contact us promptly at support@fartaday.com.
Third-Party Services • We use Twilio to place and route calls. Call delivery, timing, and quality depend on Twilio and carrier networks; we do not control those networks and cannot guarantee call completion. • You agree to Twilio’s and Stripe’s terms of service when you use the Service, in addition to these Terms.
What Data We Collect & How We Use It • Information you provide: name, phone number, billing address, and payment details entered via Stripe. • Transaction & service metadata: call timestamps, delivery status, and basic Twilio call metadata may be logged to operate, troubleshoot, and prevent fraud. • Analytics: We do not run analytics beyond the information Stripe and Twilio provide for payment and call delivery. We do not track or profile you with third-party analytics services. • Usage: We use collected data to provide the Service, process payments, send transactional messages (e.g., verification or billing notices), detect and prevent fraud, and comply with the law. • Retention & deletion: We retain data as needed to provide the Service, meet legal obligations, and for legitimate business purposes. You may request deletion of your account and personal data by contacting support; we will respond in accordance with applicable law. Deletion may not be immediate where data is required to resolve disputes or comply with legal obligations.
(For full details, see our Privacy Policy at /privacy or contact support@fartaday.com.)
You must not use the Service to: • Place calls to phone numbers you do not own or are not authorized to use. • Harass, stalk, threaten, defraud, or otherwise harm others. • Violate applicable law, regulations, or third-party terms (including carrier and Twilio terms). • Attempt to reverse engineer, extract, reuse, or commercially exploit our sound clips or Service Content without written permission.
We may suspend or terminate accounts that violate these rules.
Intellectual Property • All Content is owned or licensed by us. You are granted a limited, non-exclusive, non-transferable license to use the Service for personal, non-commercial purposes. • You may not copy, reproduce, distribute, publicly perform, or create derivative works from our Content without prior written consent.
Termination • You may cancel your subscription at any time via the account dashboard or by contacting support. Cancellation stops future charges but does not automatically delete account data unless requested. • We may suspend or terminate accounts for violations, abuse, security reasons, or legal requirements. Termination does not relieve you of unpaid fees incurred prior to termination.
Disclaimers • THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. • We do not guarantee that calls will be completed, arrive at an exact time, or be free from interruption or errors. Call quality and delivery are dependent on third-party carriers and networks.
Limitation of Liability • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS IS LIMITED TO THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID US FOR THE SERVICE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY; OR (B) USD $100. • IN NO EVENT WILL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF DATA.
Indemnification
You agree to indemnify and hold harmless TEKFORK LLC, its officers, affiliates, agents, and employees from any claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising from your use of the Service, your breach of these Terms, or your violation of applicable law.
We may modify the Service or these Terms from time to time. If we make material changes to these Terms we will provide at least 30 days’ notice by posting the updated Terms and/or emailing the account email on file. Continued use after notice constitutes acceptance of the changes.
These Terms are governed by the laws of the State of Wyoming without regard to conflict of law rules. You and we agree to submit to the exclusive jurisdiction of the state and federal courts located in Sheridan County, Wyoming.
Miscellaneous • Severability: If any provision is held invalid or unenforceable, the remainder will remain in effect. • Entire Agreement: These Terms, together with our Privacy Policy and any documents expressly incorporated by reference, constitute the entire agreement regarding the Service. • No Waiver: Our failure to enforce a right is not a waiver of that right.
Contact Us
For support, billing questions, or privacy requests contact: Email: support@fartaday.com