FANFLOW

TERMS AND CONDITIONS OF SERVICE

Effective Date: March 12, 2026

Version 1.0

IMPORTANT LEGAL NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE FANFLOW PLATFORM. BY ACCESSING OR USING THIS PLATFORM, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST NOT USE THIS PLATFORM.

1. DEFINITIONS AND INTERPRETATION

In these Terms and Conditions, the following definitions apply unless the context requires otherwise:

"FanFlow" / "Platform" / "we" / "us" / "our": means FanFlow, Inc., a Delaware C-Corporation, and its subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers, operating the platform accessible at fanflow.com and related mobile applications.

"FanFlow After Dark": means FanFlow Media LLC, a separate legal entity operating at fanflowafterdark.com, subject to its own supplementary terms. References to "FanFlow" in these Terms apply equally to FanFlow After Dark unless otherwise specified.

"Creator": means any individual or entity who registers on the Platform for the purpose of uploading, publishing, distributing, or monetising Content, including but not limited to video creators, writers, musicians, artists, coaches, educators, and adult content creators.

"Fan" / "Subscriber": means any individual who accesses the Platform to view, consume, or subscribe to Creator Content.

"User": means collectively both Creators and Fans, and any person accessing the Platform in any capacity.

"Content": means any and all data, text, photographs, videos, audio recordings, live streams, graphics, artwork, software, links, information, and other materials uploaded, posted, shared, or made available through the Platform by any User.

"Prohibited Content": has the meaning given in Section 8 of these Terms.

"Subscription": means a recurring payment arrangement between a Fan and a Creator, managed through the Platform, granting the Fan access to a Creator's premium Content.

"Bundle": means a collaborative multi-creator Subscription package offered to Fans under the revenue-sharing framework described in Section 11.

"Platform Fee": means the percentage of gross revenue retained by FanFlow as described in Section 10.

"Intellectual Property Rights": means all patents, trademarks, service marks, trade names, copyrights, database rights, design rights, moral rights, trade secrets, know-how, and all other intellectual property or proprietary rights, whether registered or unregistered, anywhere in the world.

"Third-Party Services": means services, applications, or platforms not operated by FanFlow, including payment processors such as Stripe.

"Applicable Law": means all applicable federal, state, local, and international laws, statutes, regulations, orders, rules, and codes, including but not limited to those relating to privacy, data protection, consumer protection, intellectual property, and obscene or adult content.

"Agreement": means these Terms and Conditions together with the Privacy Policy, Community Guidelines, Creator Agreement, and any other policies or supplementary terms incorporated herein by reference.

2. ELIGIBILITY AND ACCOUNT REGISTRATION

2.1 Eligibility Requirements

To access or use the Platform, you must:

Be at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater;

Have the legal capacity to enter into a binding contract;

Not be prohibited from using the Platform under any Applicable Law;

Not have had a previous account suspended or terminated by FanFlow for violation of these Terms.

2.2 Creator Registration

Creators must provide accurate, complete, and current information during registration, including full legal name, valid government-issued identification where required, tax information (including W-9 or W-8BEN as applicable), and a valid bank account or payment method. Creators warrant that all registration information is truthful and undertake to update such information promptly upon any change.

2.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify FanFlow immediately at support@fanflow.com upon becoming aware of any unauthorised access to or use of your account. FanFlow is not liable for any loss or damage arising from your failure to comply with this section.

2.4 One Account Per Person

Each individual or entity may maintain only one Creator account and one Fan account on the Platform. The creation of multiple accounts to circumvent suspensions, bans, or these Terms is strictly prohibited and will result in permanent termination of all associated accounts.

3. ACCEPTANCE OF TERMS

3.1 Binding Agreement

By registering for an account, clicking "I Agree," accessing, or using any part of the Platform, you confirm that you have read, understood, and agree to be bound by these Terms, the Privacy Policy, the Community Guidelines, and any applicable supplementary terms. If you are acting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

3.2 Amendments

FanFlow reserves the right to modify these Terms at any time. We will provide at least fourteen (14) days' notice of material changes via email or prominent notice on the Platform. Your continued use of the Platform following the effective date of any amendment constitutes your acceptance of the revised Terms. If you do not agree to any amendment, you must cease using the Platform and close your account.

4. PLATFORM SERVICES

4.1 Description of Services

FanFlow provides a creator monetisation and discovery platform that enables Creators to publish and sell Content to Fans through individual Subscriptions, Bundle arrangements, and direct purchases. FanFlow's services include but are not limited to:

Content hosting, storage, and delivery infrastructure;

Algorithmic discovery and curation features;

Subscription billing and payment processing facilitation;

Creator analytics and revenue reporting dashboards;

Collaborative Bundle tools for multi-creator arrangements;

Fan engagement and community features;

Customer support services.

4.2 Platform as Intermediary

FanFlow acts solely as an intermediary technology platform and marketplace facilitating transactions between Creators and Fans. FanFlow is not a party to any agreement between a Creator and a Fan, is not an employer of Creators, and does not produce, control, endorse, guarantee, or assume responsibility for any Creator Content. Creators are independent contractors and not employees, agents, partners, or joint venturers of FanFlow.

4.3 Service Availability

FanFlow does not warrant that the Platform will be uninterrupted, error-free, or available at all times. We reserve the right to suspend, modify, or discontinue any aspect of the Platform at any time, with or without notice, for maintenance, upgrades, or any other reason. FanFlow shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Platform or any part thereof.

5. CREATOR OBLIGATIONS AND WARRANTIES

5.1 General Creator Obligations

By registering as a Creator on the Platform, you represent, warrant, and undertake to FanFlow and to each Fan that:

You have the full legal right, power, and authority to post and monetise all Content you upload to the Platform;

All Content you post is your original creation or you hold a valid, subsisting, and enforceable licence to post and monetise such Content on the Platform;

Your Content does not and will not infringe the Intellectual Property Rights, privacy rights, publicity rights, moral rights, or any other rights of any third party;

Your Content does not and will not violate any Applicable Law, including laws relating to copyright, defamation, obscenity, consumer protection, and data protection;

All individuals appearing or featured in your Content have given their free, prior, and informed written consent to appear in and to the distribution of such Content on the Platform;

Where your Content depicts sexual acts or nudity (on FanFlow After Dark only), all individuals depicted are adults aged at least eighteen (18) years, and you hold documentary evidence of their age and consent as required by 18 U.S.C. § 2257 and any other applicable record-keeping laws;

You will not upload Content that has been the subject of a court order, injunction, or other legal restriction;

You will comply with all applicable tax laws and are solely responsible for reporting and paying any taxes on income earned through the Platform;

You will respond to legitimate enquiries, takedown notices, and correspondence from FanFlow within a reasonable time.

5.2 Content Accuracy

Creators are solely responsible for the accuracy, completeness, and legality of all descriptions, representations, and claims made in connection with their Content or subscription offerings. FanFlow does not verify Creator representations to Fans and makes no warranty as to the accuracy or quality of any Creator's Content.

5.3 Ongoing Compliance

Creators must maintain compliance with all Applicable Laws throughout the term of their use of the Platform. If a Creator becomes aware of any Content they have uploaded that may violate these Terms or Applicable Law, they must remove such Content immediately and notify FanFlow at legal@fanflow.com.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Creator Ownership

Subject to the licences granted herein, Creators retain all Intellectual Property Rights in and to the Content they upload to the Platform. Nothing in these Terms transfers ownership of Creator Content to FanFlow.

6.2 Licence Grant to FanFlow

By uploading Content to the Platform, each Creator grants FanFlow a worldwide, royalty-free, non-exclusive, sub-licensable, and transferable licence to host, store, reproduce, distribute, perform, display, adapt, modify, create derivative works of, and otherwise use the Content for the following purposes:

Delivering Content to authorised Fans and Subscribers;

Producing promotional materials, previews, thumbnails, and "teaser" clips to market the Creator and the Platform;

Complying with legal obligations, court orders, or regulatory requirements;

Operating, improving, and developing the Platform's features and functionality;

Enforcing these Terms and Community Guidelines.

This licence continues for a commercially reasonable period following removal of Content from the Platform to permit FanFlow to process deletion requests and comply with backup and archival obligations, but no longer than ninety (90) days except where retention is required by law.

6.3 FanFlow Intellectual Property

All Intellectual Property Rights in and to the Platform, including its software, algorithms, trade marks, logos, branding, design, databases, and proprietary technology, are owned by or licensed to FanFlow. You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for its intended purpose. You must not copy, reproduce, reverse-engineer, decompile, modify, or create derivative works of any part of the Platform without FanFlow's prior written consent.

6.4 Creator Representations Regarding Third-Party IP

Creators expressly represent and warrant that:

No Content uploaded to the Platform contains unlicensed third-party music, video clips, images, trademarks, or other protected material;

No Content constitutes a "cover" or adaptation of a third-party work without the appropriate synchronisation, mechanical, or other required licence;

No Content incorporates software, code, or databases owned by third parties without a valid licence;

Creators will not use FanFlow's platform to distribute bootlegged, pirated, or otherwise unauthorised reproductions of third-party works.

A Creator who uploads Content that infringes third-party Intellectual Property Rights does so entirely at their own risk and shall bear all legal and financial consequences arising therefrom.

7. COPYRIGHT COMPLIANCE AND DMCA TAKEDOWN PROCEDURE

7.1 FanFlow's Policy

FanFlow respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, the Copyright Act 1976, and other applicable copyright laws. FanFlow will respond expeditiously to valid notices of claimed copyright infringement submitted by rights holders or their authorised representatives.

7.2 DMCA Takedown Notice Requirements

To submit a valid takedown notice, you must provide FanFlow's designated agent with a written communication containing:

Your physical or electronic signature;

Identification of the copyrighted work claimed to have been infringed;

Identification of the infringing material and sufficient information to locate it on the Platform (e.g., URL);

Your contact information, including address, telephone number, and email address;

A statement that you have a good faith belief that the use is not authorised by the copyright owner, its agent, or the law;

A statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorised to act on behalf of the copyright owner.

DMCA notices must be sent to: legal@fanflow.com or FanFlow, Inc., DMCA Agent, [Registered Address].

7.3 Counter-Notification

A Creator who believes their Content was removed in error may submit a counter-notification containing: (a) their electronic or physical signature; (b) identification of the removed Content; (c) a statement under penalty of perjury that the removal was the result of mistake or misidentification; (d) the Creator's name, address, and telephone number; and (e) a statement consenting to jurisdiction of the relevant federal court.

7.4 Repeat Infringer Policy

FanFlow operates a strict repeat infringer policy. Any Creator who receives three (3) or more valid copyright infringement complaints within any rolling twelve (12) month period will have their account permanently terminated, all earnings forfeited, and may be permanently banned from the Platform. FanFlow reserves the right to terminate any Creator's account upon a single egregious infringement at its sole discretion.

7.5 Creator Liability for Copyright Infringement

CREATORS ACKNOWLEDGE AND AGREE THAT THEY ARE SOLELY AND EXCLUSIVELY LIABLE FOR ANY AND ALL COPYRIGHT INFRINGEMENT ARISING FROM CONTENT THEY UPLOAD TO THE PLATFORM. FanFlow shall have no liability whatsoever in respect of any such infringement. In the event that FanFlow incurs any costs, losses, damages, penalties, or legal fees as a result of a Creator's infringement of third-party Intellectual Property Rights, the Creator shall fully indemnify FanFlow in accordance with Section 13 of these Terms.

8. PROHIBITED CONTENT AND CONDUCT

8.1 Absolutely Prohibited Content

The following Content is strictly prohibited on the Platform and constitutes grounds for immediate account termination, reporting to law enforcement, and potential legal action:

Any Content depicting, promoting, facilitating, or glorifying sexual abuse, exploitation, or activity involving minors ("CSAM"), including computer-generated or animated depictions;

Non-consensual intimate imagery or "revenge porn" of any kind;

Content that incites, promotes, or facilitates violence, terrorism, or mass harm against any individual, group, or institution;

Content that constitutes criminal harassment, stalking, threats of violence, or hate speech targeting individuals or protected groups;

Doxxing or publishing another person's private identifying information without consent;

Content depicting animal abuse or cruelty;

Content that facilitates the manufacture, sale, or use of illegal drugs, firearms, explosives, or dangerous weapons;

Fraudulent, deceptive, or misleading Content intended to scam or harm Fans;

Malware, phishing links, or harmful code of any kind.

8.2 Adult Content Restrictions

Adult Content ("18+ Content") is only permitted on FanFlow After Dark and is subject to additional terms. On FanFlow main platform, all Content must be safe-for-work ("SFW"). Creators who post adult Content on the main FanFlow platform will have their Content removed and may be suspended or permanently banned.

On FanFlow After Dark, adult Content is permitted subject to the following conditions:

All individuals depicted in sexual or nude Content must be at least eighteen (18) years of age;

Creators must maintain 18 U.S.C. § 2257 compliant age verification records for all performers and make such records available to FanFlow upon request;

All Content must be clearly labelled with applicable content warnings;

Creators must not produce, upload, or distribute non-consensual Content of any kind.

8.3 Prohibited Conduct

In addition to Content restrictions, the following conduct is prohibited:

Impersonating any person, entity, or FanFlow itself;

Using bots, scrapers, or automated tools to access the Platform or manipulate engagement metrics;

Engaging in any conduct intended to artificially inflate subscriber counts, engagement, or revenue;

Attempting to circumvent Platform payment systems or direct Fans to pay outside the Platform;

Sharing account access credentials or subscription content with unauthorised third parties;

Using the Platform to recruit Creators or Fans to competing services in bad faith;

Reverse-engineering, hacking, or attempting to gain unauthorised access to Platform systems;

Violating any Applicable Law in connection with your use of the Platform.

9. CONTENT MODERATION AND ENFORCEMENT

9.1 FanFlow's Right to Moderate

FanFlow reserves the right, but does not assume any obligation, to review, monitor, screen, flag, filter, remove, refuse, or restrict access to any Content or User account at any time, for any reason, at its sole discretion and without notice. The exercise of this right does not constitute an assumption of liability for Content that FanFlow has not reviewed.

9.2 Reporting Violations

Users may report Content or conduct that they believe violates these Terms using the in-platform reporting tools or by contacting support@fanflow.com. FanFlow will investigate reports in good faith but does not guarantee any particular outcome or response time.

9.3 Enforcement Actions

Upon determining that a User has violated these Terms, FanFlow may take any one or more of the following actions at its sole discretion:

Issue a formal warning;

Remove or restrict access to specific Content;

Temporarily suspend the User's account;

Permanently terminate the User's account;

Withhold or forfeit accrued but unpaid earnings;

Refer the matter to law enforcement authorities;

Commence legal proceedings for damages, injunctive relief, or other remedies.

9.4 No Obligation of Review

FanFlow is not obligated to review Creator Content before it is published. By using the Platform, Creators accept full responsibility for ensuring their Content complies with these Terms prior to upload.

10. PAYMENTS, FEES, AND REVENUE SHARING

10.1 Platform Fee

FanFlow charges a Platform Fee on all revenue generated through the Platform, deducted from gross subscription revenue before payment to Creators:

FanFlow main platform: fifteen percent (15%) of gross subscription revenue;

FanFlow After Dark: twenty percent (20%) of gross subscription revenue.

The Platform Fee is subject to change upon thirty (30) days' written notice to Creators. Continued use of the Platform following such notice constitutes acceptance of the revised fee.

10.2 Founding Creator Rate

Creators enrolled in the Founding Creator Programme will receive a preferential revenue share for the promotional period specified at the time of their enrolment. This preferential rate is personal to the Creator, non-transferable, and may not be assigned. FanFlow reserves the right to withdraw the Founding Creator Programme at any time with thirty (30) days' notice.

10.3 Payment Processing

All payments are processed through third-party payment processors, including Stripe, Inc. By using the Platform, you agree to Stripe's terms of service and privacy policy in addition to these Terms. FanFlow is not responsible for payment processor outages, transaction failures, chargebacks, or any other issues arising from third-party payment processing. Creators acknowledge that the availability of payment processing services is contingent upon compliance with the payment processor's terms of service, including content policies.

10.4 Payout Schedule

FanFlow will pay Creators their earned revenue on a weekly basis, subject to a minimum payout threshold and any withholding required for tax compliance, chargeback reserves, or active investigations. FanFlow reserves the right to place a hold on earnings pending resolution of disputes, legal proceedings, or suspected fraud.

10.5 Chargebacks and Refunds

FanFlow operates a no-refund policy on digital content, except where required by Applicable Law or the applicable payment processor's chargeback rules. In the event of a chargeback successfully processed against FanFlow by a Fan, the corresponding amount will be deducted from the Creator's account balance. Creators with excessive chargeback rates may have their accounts suspended or terminated.

10.6 Taxes

Creators are solely responsible for determining and paying all taxes, duties, and levies applicable to their earnings on the Platform, including income tax, self-employment tax, GST, VAT, and any other applicable taxes in their jurisdiction. FanFlow may be required by law to withhold taxes from Creator payments and to report Creator earnings to relevant tax authorities. FanFlow will issue Form 1099-NEC or equivalent tax documents to applicable Creators as required by law.

11. COLLABORATIVE BUNDLE ARRANGEMENTS

11.1 Bundle Revenue Allocation

Where Creators participate in a collaborative Bundle Subscription, revenue is distributed under the Hybrid 15/40/45 model as follows:

Platform Fee (15%): Deducted first from gross Bundle revenue;

Acquisition Credit (40%): Paid to the Creator whose referral link or profile served as the subscriber's point of entry;

Engagement Pool (45%): Distributed proportionally among all Bundle Creators based on measured Fan engagement metrics.

11.2 Content Minimum Obligations

Creators participating in a Bundle must upload at least two (2) pieces of premium Content per calendar month to remain eligible for Engagement Pool distributions. Failure to meet this minimum may result in forfeiture of Engagement Pool distributions for the relevant period.

11.3 Bundle Governance

A Creator may be removed from a Bundle by a seventy-five percent (75%) majority vote of the Bundle collective for lack of contribution, content standards violations, or conduct that may cause reputational harm to the Bundle. A thirty (30) day cure period applies unless the basis for removal constitutes a violation of these Terms, in which case removal may be immediate.

11.4 Creator IP in Bundles

Creators retain full ownership of their Intellectual Property within Bundle arrangements. The Bundle collective and FanFlow are granted only a non-exclusive licence to use Bundle Content for promotional teasers and marketing, consistent with the licence granted in Section 6.2.

12. PRIVACY AND DATA PROTECTION

12.1 Privacy Policy

FanFlow's collection, use, and disclosure of personal information is governed by the FanFlow Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the data practices described in the Privacy Policy.

12.2 Creator Data Responsibilities

Where Creators collect, process, or have access to Fan personal data (including subscriber information), they must:

Comply with all applicable data protection laws, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and the Australian Privacy Act 1988 as applicable;

Process Fan data only for the purpose of fulfilling their obligations to Fans under their subscription arrangements;

Not sell, transfer, share, or otherwise exploit Fan personal data for any other purpose without explicit consent;

Maintain appropriate technical and organisational security measures to protect Fan data.

12.3 Data Export

Creators may export their subscriber list, revenue history, and Content data upon closure of their account. FanFlow will make this data available for a period of thirty (30) days following account closure.

13. INDEMNIFICATION

13.1 Creator Indemnification of FanFlow

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH CREATOR AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FANFLOW, INC., FANFLOW MEDIA LLC, AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "FANFLOW PARTIES") FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, SUITS, PROCEEDINGS, LOSSES, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE LEGAL FEES AND COURT COSTS) ARISING OUT OF OR IN CONNECTION WITH:

Any Content the Creator uploads, posts, transmits, or makes available through the Platform;

Any actual or alleged infringement of any third party's Intellectual Property Rights, including copyright, trademark, patent, trade secret, or moral rights, arising from the Creator's Content or conduct;

Any actual or alleged violation by the Creator of any Applicable Law, including copyright law, data protection law, consumer protection law, obscenity law, tax law, or any other applicable regulation;

Any claim by a Fan or third party arising from the Creator's Content, representations, or conduct on the Platform;

Any breach by the Creator of these Terms, the Privacy Policy, the Community Guidelines, or any other applicable FanFlow policy;

Any misrepresentation made by the Creator in connection with their registration, Content, or subscription offerings;

Any failure by the Creator to comply with 18 U.S.C. § 2257 or applicable age-verification laws in connection with adult Content;

Any tax liability, penalty, or obligation arising from the Creator's earnings on the Platform;

Any dispute between the Creator and any Fan, third-party collaborator, or other Creator;

Any claim relating to the Creator's use of third-party music, images, video, software, or other protected material in their Content;

Any defamatory, obscene, harassing, or unlawful Content posted by the Creator;

Any personal injury, death, or property damage caused by the Creator in connection with their use of the Platform.

13.2 Defence Obligations

If FanFlow is named as a defendant or respondent in any action or proceeding for which a Creator is required to indemnify FanFlow under these Terms, FanFlow will: (a) provide the Creator with prompt written notice of such claim; (b) permit the Creator to assume control of the defence of such claim, provided that FanFlow retains the right to participate with counsel of its own choosing at its own expense; and (c) provide reasonable cooperation to the Creator's defence. FanFlow reserves the right to assume exclusive control of the defence of any matter for which indemnification is sought at the Creator's expense if FanFlow reasonably determines that its interests cannot be adequately protected by the Creator's conduct of the defence.

13.3 Settlement

A Creator may not settle any claim for which indemnification is sought under these Terms without FanFlow's prior written consent if the settlement imposes any obligation, restriction, liability, or admission of wrongdoing on FanFlow.

13.4 User Indemnification

Each User (whether Creator or Fan) additionally indemnifies the FanFlow Parties against any claims, losses, or expenses arising from: (a) the User's violation of these Terms; (b) the User's violation of any third party's rights; (c) the User's use of the Platform in violation of any Applicable Law.

KEY NOTICE TO CREATORS: You are solely responsible for all legal and financial consequences arising from the Content you upload. FanFlow assumes no liability for your Content. You will be required to compensate FanFlow for any legal costs, damages, or penalties it suffers as a result of your breach of these Terms or Applicable Law.

14. DISCLAIMERS OF WARRANTIES

14.1 Platform Provided "As Is"

THE PLATFORM AND ALL CONTENT, SERVICES, FEATURES, AND MATERIALS PROVIDED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FANFLOW EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;

WARRANTIES THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;

WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CURRENCY OF ANY CONTENT ON THE PLATFORM;

WARRANTIES REGARDING THE QUALITY, SAFETY, OR LEGALITY OF ANY CREATOR CONTENT;

WARRANTIES THAT ANY DEFECTS IN THE PLATFORM WILL BE CORRECTED.

14.2 No Warranty Regarding Creator Content

FanFlow does not endorse, verify, or assume responsibility for any Creator Content. FanFlow makes no representation or warranty that Creator Content is accurate, legal, inoffensive, or fit for any purpose. Users access Creator Content entirely at their own risk.

14.3 No Warranty Regarding Third-Party Services

The Platform may integrate with or link to third-party services, including payment processors, identity verification providers, and social media platforms. FanFlow makes no warranty regarding the availability, accuracy, security, or compliance of any third-party service and is not responsible for any loss or damage arising from your use of such services.

15. LIMITATION OF LIABILITY

15.1 Exclusion of Consequential Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE FANFLOW PARTIES BE LIABLE TO ANY USER OR THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

Your access to or use of (or inability to access or use) the Platform;

Any conduct or Content of any other User or third party on the Platform;

Any Content obtained from the Platform;

Unauthorised access, use, or alteration of your transmissions or Content;

Any other matter relating to the Platform.

15.2 Cap on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF THE FANFLOW PARTIES TO ANY USER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PLATFORM, REGARDLESS OF THE FORM OF ACTION AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY THE USER TO FANFLOW IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100).

15.3 Essential Basis

THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. FANFLOW WOULD NOT ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS.

15.4 Jurisdictional Exceptions

Some jurisdictions do not allow the exclusion of implied warranties or the limitation of certain damages. To the extent that such laws apply, some of the above exclusions and limitations may not apply to you. In such cases, FanFlow's liability will be limited to the maximum extent permitted by Applicable Law.

16. ACCOUNT SUSPENSION AND TERMINATION

16.1 Termination by User

Users may close their accounts at any time by following the account closure procedure in the Platform settings or by contacting support@fanflow.com. Upon closure, you will retain access to your data export for thirty (30) days. Closing your account does not entitle you to a refund of any fees paid to FanFlow.

16.2 Termination or Suspension by FanFlow

FanFlow reserves the right to suspend or terminate your account, with or without notice and without liability, in the following circumstances:

You have violated any provision of these Terms or any applicable FanFlow policy;

Your account has been inactive for twelve (12) consecutive months;

FanFlow is required to do so by law or court order;

FanFlow reasonably believes your account poses a legal, regulatory, or reputational risk to FanFlow;

Your account is the subject of active fraud, chargeback, or abuse investigations;

FanFlow decides to discontinue the Platform or any part thereof.

16.3 Effect of Termination

Upon termination of your account for any reason:

Your right to access and use the Platform ceases immediately;

FanFlow may delete your Content from the Platform;

FanFlow will pay out any earned and undisputed revenue owed to a Creator (subject to deductions for chargebacks, fines, and indemnification obligations), within sixty (60) days of termination, unless withheld pending investigation;

Any earnings owed under the FanFlow After Dark 20% fee will be paid net of applicable deductions;

All provisions of these Terms that by their nature should survive termination shall survive, including sections on Intellectual Property, Indemnification, Limitation of Liability, Dispute Resolution, and Governing Law.

16.4 Forfeiture for Cause

Where an account is terminated due to a material violation of these Terms, including but not limited to posting illegal Content, committing fraud, or causing legal liability to FanFlow, FanFlow reserves the right to withhold and forfeit all accrued earnings pending the resolution of any legal claim by FanFlow against the Creator.

17. DISPUTE RESOLUTION

17.1 Informal Resolution

Before initiating any formal legal proceedings, both parties agree to attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Platform by providing written notice of the dispute to the other party (email to legal@fanflow.com for disputes directed to FanFlow) and engaging in good faith discussions for a period of thirty (30) days.

17.2 Binding Arbitration

EXCEPT FOR CLAIMS SEEKING EMERGENCY INJUNCTIVE RELIEF, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM THAT CANNOT BE RESOLVED INFORMALLY SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS CONSUMER ARBITRATION RULES, AS MODIFIED HEREIN. The arbitration shall be conducted by a single arbitrator. The arbitration shall take place in Delaware, United States, unless otherwise agreed by the parties. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

17.3 Class Action Waiver

YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, OR COLLECTIVE OR REPRESENTATIVE PROCEEDING AGAINST FANFLOW. ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

17.4 Governing Law

These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.

17.5 Jurisdiction for Injunctive Relief

Notwithstanding Section 17.2, either party may seek emergency injunctive or other interim relief from any court of competent jurisdiction. FanFlow may seek injunctive relief in any court of competent jurisdiction to protect its Intellectual Property Rights, Confidential Information, or Platform security.

18. GENERAL PROVISIONS

18.1 Entire Agreement

These Terms, together with the Privacy Policy, Community Guidelines, Creator Agreement, and any applicable supplementary terms, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written.

18.2 Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if not capable of modification, severed from these Terms. The remaining provisions shall continue in full force and effect.

18.3 Waiver

FanFlow's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorised representative of FanFlow to be effective.

18.4 Assignment

You may not assign or transfer any rights or obligations under these Terms without FanFlow's prior written consent. FanFlow may freely assign these Terms, including in connection with a merger, acquisition, or sale of all or substantially all of FanFlow's assets, without notice to you.

18.5 Force Majeure

FanFlow shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, government action, cyberattacks, infrastructure outages, or failure of third-party service providers.

18.6 Notices

FanFlow may provide notices to Users via email to the address on file, in-platform notification, or by posting on the Platform. Notices to FanFlow must be sent in writing to legal@fanflow.com or to FanFlow, Inc., [Registered Address]. Notices are deemed delivered when sent by email (with no delivery failure notification received) or when posted on the Platform.

18.7 No Third-Party Beneficiaries

These Terms are for the benefit of the parties only. No third party shall have any right to enforce any provision of these Terms, except that FanFlow's affiliates, officers, directors, and employees may rely on these Terms in their individual capacities.

18.8 Independent Contractors

The relationship between FanFlow and Creators is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, employment, agency, or franchise relationship between FanFlow and any Creator or Fan.

18.9 Language

These Terms are written in English. To the extent any translated version of these Terms conflicts with the English version, the English version shall prevail.

18.10 Compliance with Export Laws

You may not use or export or re-export any Content from the Platform in violation of United States export laws and regulations or the export laws and regulations of any other applicable jurisdiction.

19. CONTACT INFORMATION

For general inquiries: contact@fanflow.online

For legal and copyright matters: contact@fanflow.online

For DMCA notices: contact@fanflow.online (Attn: DMCA Agent)

For FanFlow After Dark inquiries: contact@fanflow.online

ACKNOWLEDGEMENT

BY CREATING AN ACCOUNT OR USING THE FANFLOW PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY. IF YOU DO NOT AGREE, YOU MUST NOT USE THE PLATFORM.

Last Updated: March 12, 2026

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