Twiikle Terms of Service

This English-language Terms of Service is the governing version of the agreement between you and Twiikle, Inc. Translations into other languages (including Korean) are provided for convenience only. In the event of any conflict or inconsistency between the English version and any translated version, this English version shall prevail.

Table of Contents

1. Introduction and Acceptance

1.1 About the Service

Twiikle (the "Service") is operated by Twiikle, Inc. (the "Company," "we," "us," or "our"), a Delaware C-Corporation (registered address: 131 Continental Drive, Suite 305, Newark, Delaware 19713, United States). Twiikle is a shoppable short-form video platform where creators tag products in their videos and viewers can discover, save, and purchase those products.

1.2 Acceptance of Terms

These Terms of Service (the "Terms") constitute a legally binding agreement between you ("you" or "your") and the Company. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1.3 Related Policies

These Terms incorporate the following policies by reference:

• Community Guidelines — Content and conduct standards
• Privacy Policy — How we collect, use, and protect personal data
• DMCA Policy — Copyright infringement reporting and processing
• Commission Schedule — Affiliate commission rates and settlement terms
• FTC Compliance Guide — Affiliate disclosure and advertising regulations
• Creator Agreement — Independent contractor terms and commerce participation

2. Definitions

3. Accounts

3.1 Eligibility

• You must be at least 13 years old to use the Service.
• Residents of the European Economic Area (EEA) must be at least 16 years old (GDPR).
• Affiliate commerce features (receiving commissions, requesting payouts) require you to be at least 18 years old.
• Access to Mature (18+) rated content additionally requires Adult Verification (see §8.10).
• Date of birth is collected at sign-up to enforce COPPA (Children's Online Privacy Protection Act) compliance. Users under 13 are blocked from registration regardless of EEA residency (see §8.8 Kids Mode for parent-supervised access).
• If you create an account on behalf of an entity, you represent that you have authority to bind that entity to these Terms.

3.2 Account Types

3.3 Account Security

• You are responsible for maintaining the security of your account credentials.
• You must notify the Company immediately upon becoming aware of unauthorized use of your account.
• You are responsible for all activities that occur under your account.

3.4 KYC Verification

To receive commissions, KYC verification is required. The KYC process is handled through Stripe Connect; the Company does not separately store financial information. KYC requires:

• Legal name and address
• Tax identification number (US: SSN or EIN)
• Bank account information (provided directly to Stripe)

3.5 Account Rules

• One account per person. Each natural person may create only one account.
• Account information must be accurate and kept up to date.
• Accounts may not be transferred, sold, or rented to others.

3.6 Handle (@username) Policy

Each account is assigned a unique handle (prefixed with "@") chosen by the user during onboarding.

• Uniqueness: Each handle must be unique across the platform. Handles are case-insensitive (e.g., @UserName and @username are considered the same).
• Format: Handles must be 3–20 characters long and may only contain letters (a–z), numbers (0–9), and underscores (_).
• Change Frequency: You may change your handle once every 30 days. When you change your handle, the previous handle is reserved for you for 14 days, during which you may revert to it. After the reservation period, the previous handle becomes available for others.
• Prohibited Handles: The Company reserves the right to reject, reclaim, or reassign handles that: (a) impersonate another person or brand, (b) violate any trademark, (c) contain offensive or misleading language, or (d) are held by inactive accounts (no login for 12+ months).

4. Content Ownership and License ★

4.1 Your Ownership

You retain ownership of all Content you upload. Nothing in these Terms transfers ownership of your Content to the Company. You represent and warrant that you own or have obtained all necessary rights to the Content you upload.

4.2 License to Twiikle

By uploading Content to the Service, you grant the Company a:

• Non-exclusive, worldwide, royalty-free license
• Scope: To display, distribute, stream, create thumbnails, and perform technical processing (transcoding, format conversion, CDN distribution) of your Content as necessary to operate the Service
• Sublicensing: Only to the extent necessary for service operation (e.g., CDN providers, video encoding services)

4.3 No Derivative Works

The Company will not create derivative works from your Content. Technical processing required for service operation (thumbnail generation, resolution conversion, etc.) is not considered creation of derivative works.

4.4 Moral Rights

The Company respects your moral rights to the extent permitted by applicable law. We do not require you to waive your moral rights.

4.5 Marketing Use

If the Company wishes to use your Content in its own marketing materials (advertisements, promotions, social media), we will request your separate consent. Display within the Service (e.g., trending feeds, recommendations) is part of service operation and does not require separate consent.

4.6 Separation of Monetization Rights and Content License

The content license in this Section is limited to service operation purposes. Monetization through affiliate commerce (Section 5) is separate from this content license and occurs only when a Creator voluntarily tags products from the Product Catalog. The Company does not apply a blanket "right to monetize" clause like YouTube. The Platform Fee is compensation for commerce infrastructure services, not a content usage fee.

4.6.1 Affiliate Commission vs. Copyright Revenue: Legal Framework

For the avoidance of doubt, the Company and Creator acknowledge the following legal distinction:

Affiliate commissions are marketing referral fees paid by merchants for driving sales, not compensation for the use of copyrighted content. The Platform Fee retained by the Company is consideration for commerce infrastructure services (product catalog curation, link generation, tracking, settlement, analytics, AI product matching, and the Reshare network), and does not constitute a copyright royalty, licensing fee, or content usage fee of any kind.

4.7 UGC Licensing (Content Licensing to Brands)

Creators may opt in to license their Content to brands through the Company's UGC Licensing program (Section 5.7). This is a separate, voluntary, opt-in agreement for each Content item and brand request:

• UGC Licensing requires the Creator's explicit consent for each licensing request.
• The Creator retains full copyright ownership; only a non-exclusive, time-limited license is granted.
• Licensing revenue is split: 75–85% to the Creator, 15–25% to the Company (as intermediary fee).
• The Creator may revoke a UGC License with 30 days' written notice.
• The Company will not sublicense Content without the Creator's prior consent.

5. Affiliate Commerce ★

5.0 Distribution Principles by Channel ★

The following channel-level commitments govern all revenue distribution under this Section 5. Specific supplemental rates within each channel are operated under Company policy and disclosed in the app or relevant dashboard as provided in the sections below.

These channel-level commitments may be modified only per §5.3.2 (advance notice; no retroactive application). No provision of this Agreement applies one channel's commitments to another channel.

5.1 Overview — Platform-Managed Affiliate Model

Twiikle operates a platform-managed affiliate commerce model. The Company registers as a publisher with major affiliate networks (CJ Affiliate, Awin, Impact.com, Rakuten, and others) and generates all Affiliate Links through these partnerships. Creators do not need to maintain their own affiliate accounts.

5.1.1 How It Works

1. Product Selection: Creators browse the Product Catalog and select products relevant to their Content.
2. Link Generation: The Company automatically generates tracked Affiliate Links for the selected products through its affiliate network partnerships.
3. Viewer Purchase: When a Viewer clicks a product tag (Twiikle) and completes a purchase, the affiliate network records the Commission.
4. Commission Distribution: The Company receives the Commission from the affiliate network, deducts the Platform Fee, and distributes the Creator's share.

5.1.2 Creator's Relationship with the Company

Creators using the affiliate commerce features are independent contractors, not employees of the Company. The Creator:

• Chooses their own content topics, schedule, and creative approach;
• Is free to use competing platforms simultaneously;
• Provides their own equipment and workspace;
• Is solely responsible for reporting and paying taxes on their Commission income.

5.2 Product Catalog

• The Company maintains a Product Catalog sourced from multiple affiliate network partners.
• Products are organized by category, brand, commission rate, and other attributes to facilitate discovery.
• The Company may also provide AI-powered product recommendations based on Content analysis. AI recommendations are suggestions only and require the Creator's explicit selection.
• Product availability, pricing, and commission rates are determined by the respective affiliate networks and merchants. The Company does not control or guarantee these attributes.
• Products from prohibited categories (weapons, controlled substances, counterfeit goods, adult content, etc.) are excluded from the Product Catalog.

5.3 Commission Structure — Platform Product Channel ★

This §5.3 applies only to affiliate Commissions generated through the Platform Product channel. It does not apply to Series revenue (§5.4.5), My Own Link (§5.3.3), or other channels (§5.0). Authoritative source: terms_of_service.html §5.3.

For each such Commission, the Company's portion will not exceed 25%; at least 75% of the Commission is allocated to the creator side, as follows:

• (a) Direct purchases (no Reshare attribution): the Creator receives the entire creator-side allocation.
• (b) Purchases attributed to a Reshare: the creator-side allocation is divided between the Creator and the Reposter. The operative division rates are set by Company policy and disclosed in the Creator Dashboard; the rates in effect at the time of attribution apply to that attribution and are not changed retroactively. A Creator may disable reshare revenue sharing (§5.4.1), in which case the Creator retains the entire creator-side allocation.

The Company's portion funds platform operations and supplemental distributions (e.g., Buyer Cashback, Referrer rewards) as provided in this Section 5. The channel-level commitment table in §5.0 applies.

5.3.2 Variability of Supplemental Distributions and Company Authority — Right to Modify ★

The Company expressly reserves the right to modify, at its sole discretion, (i) the specific rates of supplemental distributions within the Company's authority portion (e.g., Sharer rewards, Buyer Cashback, Referrer rewards), (ii) bonus or above-floor Creator shares granted through campaigns or programs, and (iii) the size and structure of growth and operational allocations. The Company shall not modify the Creator minimum guarantee (75% for Platform Product channel; 50% for Series — see §5.4.5) downward without 30-day prior notice and effective only for Commissions earned after the effective date.

• 30-Day Prior Notice for floor changes; supplemental rates within Company authority may change with 7-day notice.
• Never Retroactive.
• Dashboard Disclosure of current floor and supplemental rates.
• Termination Right if Creator does not accept floor change.

No Perpetuity Commitment Above the Floor. The only binding commitment is the Creator minimum guarantee floor.

Supplemental distribution rates are fixed for each attribution, referral, or transaction at the time specified in the applicable section (click, signup, or purchase, as the case may be) and are never modified retroactively.

5.3.3 No Application to My Own Link

The Platform Fee does not apply to Commissions generated through My Own Link (where the Creator has registered directly with the affiliate network and uses their own Affiliate Link). Such Commissions flow entirely to the Creator's own affiliate account, and the Company has no role in their settlement.

5.4 Reshare Revenue Distribution

When a Viewer purchases a product through a Reshared video, the Commission attributable to that purchase is allocated between the Original Creator (Creator floor portion) and the Reposter (supplemental Sharer reward within Company authority portion). The Original Creator's minimum 75% floor guarantee under §5.3 applies to Commissions earned in their account. The Reposter share is a supplemental distribution within the Company authority portion and is subject to the variability provisions of §5.3.2. Current operative rates are disclosed in the Creator Dashboard.

5.4.1 Revenue Share Toggle

Creators may control whether their Content participates in Reshare revenue sharing:

• Share ON (default): Reposters receive a share of the creator-side allocation for sales attributed to their Reshares. The operative Reposter share is set by Company policy, disclosed in the Creator Dashboard, and fixed at the time of attribution; reductions take effect no earlier than 7 days after notice (§5.3.2).
• Share OFF: the Creator receives 100% of the creator-side allocation for the affected content. Resharing is still allowed, but Reposters receive no Commission.

The toggle can be set per-video and changed at any time. Changes apply only to future Commissions.

5.4.2 Reshare Revenue — Legal Classification

Reshare revenue constitutes a performance-based referral fee, not a security or investment contract. Reposters actively participate by selecting and sharing Content to their audience. Both the Original Creator and the Reposter are independent contractors and are individually responsible for tax reporting on their respective earnings.

5.4.5 Series Episode Revenue Split (Creator 50% Floor + Company 50% Authority) ★

• 50% of all Series episode payment revenue is guaranteed to the Series Creator, regardless of entry path (direct, affiliate, or referral). The remaining portion (up to 50%) is allocated to the Company as Company authority.
• Supplemental distributions relating to Series — including Sharer rewards, Buyer Cashback, and Referrer rewards — are funded from the Company portion and do not reduce the Series Creator's guaranteed share, except where the Series Creator has expressly agreed to co-fund a specific promotion or standard program. Operative supplemental rates are disclosed in the dashboard or in-app.

5.5 Quick Collab (Brand Content Marketplace)

• Quick Collab enables brands to commission Creators to produce Content for a fixed fee, with optional affiliate commission participation.
• Quick Collab engagements are not employment relationships. The Creator independently determines the creative approach, schedule, and production methods within the brand's brief.
• The Company acts as a marketplace intermediary and charges a 15–20% service fee to the brand.
• Content created through Quick Collab must include appropriate FTC disclosures (Section 5.9), clearly identifying the brand sponsorship.
• Intellectual property in Quick Collab Content belongs to the Creator unless a separate written agreement transfers specific usage rights to the brand.

5.6 Twiikle Boost (External Advertising)

• Twiikle Boost allows brands to fund external advertising (Instagram, TikTok, etc.) featuring Creator Content, driving traffic back to the Service.
• Boosting a Creator's Content requires the Creator's explicit prior consent for each campaign.
• The Creator's Content is used under a limited license for advertising purposes only, and this license does not transfer ownership or grant rights beyond the specific campaign scope.
• The Company acts as a media buying intermediary and applies a 20–30% margin on ad spend (standard agency rate).
• The Creator may withdraw consent for future Boost campaigns at any time.

5.7 UGC Licensing

The UGC Licensing program allows brands to license Creator Content for use in their own marketing channels (website, social media, advertisements).

• Each licensing request requires the Creator's individual, explicit consent. Creators may accept or decline any licensing request.
• The license granted is non-exclusive and time-limited. The Creator retains full copyright ownership.
• Licensing revenue is split: 75–85% to the Creator and 15–25% to the Company as intermediary fee.
• License scope (usage period, territory, media types) is specified in each licensing agreement.
• The Creator may revoke a UGC License with 30 days' written notice, after which the brand must cease using the Content.
• Creator attribution is required in all licensed uses unless the Creator explicitly waives this right in writing.

5.8 Sponsored Sparkle and Advertising Features

• Sponsored Sparkle: Brands may sponsor product suggestions that appear during the Creator's product-tagging flow. Creators are never required to select sponsored suggestions.
• Search Ads: Brands may purchase promoted placement in search results. Promoted results are clearly labeled.
• Creator Challenge: Brands may sponsor content creation challenges. Challenge participation is voluntary, and all challenge Content must include sponsorship disclosures.
• All advertising features include automatic disclosure labels that cannot be removed by Creators or brands.

5.9 FTC Endorsement Disclosure

In accordance with the U.S. Federal Trade Commission's Endorsement Guides (16 CFR Part 255), Content containing Affiliate Links or sponsored elements must include appropriate disclosures.

• The Service automatically displays disclosure indicators on Content containing Affiliate Links (e.g., "Affiliate" badge on product cards, "Contains Affiliate Links" indicator).
• Quick Collab Content automatically displays "Sponsored by [Brand]" disclosure.
• Creators may not hide, remove, or obscure these disclosure indicators.
• Creators sharing Twiikle Content on external platforms (Instagram, TikTok, etc.) must independently comply with FTC disclosure requirements on those platforms.
• FTC endorsement disclosure violations may result in penalties of up to $53,088 per violation per day (2025 adjusted amount).
• Repeated FTC disclosure violations on the Service will result in: 1st offense — warning; 2nd offense — Commission hold; 3rd offense — account suspension.

5.10 Creator Protection Principles

5.11 Prohibited Conduct

The following conduct related to affiliate commerce is prohibited:

• Posting false or misleading product reviews
• Click fraud, bot usage, cookie stuffing, or other manipulative practices
• Self-purchasing through Affiliate Links in your own Content
• Promoting prohibited products (weapons, controlled substances, counterfeit goods, etc.)
• Undisclosed paid promotions (FTC violation)
• Circumventing the Platform Fee through external arrangements
• Coordinated inauthentic Resharing to inflate Commission earnings

5.12 Product Liability Disclaimer

The Company is not the seller, manufacturer, or warrantor of any products linked through the Service. Product quality, safety, legality, and accuracy are the responsibility of the respective sellers and manufacturers. The Company makes no warranties regarding such products.

5.21 Creator Content Portability & Wind-Down Guarantee ★

• Export anytime. Series Creators may export their own manuscripts/episode files and their aggregate reader and earnings statistics at any time. The Company does not hold Creator content hostage.
• Wind-down guarantee. If the Company permanently discontinues the Series service, the Company will provide no less than ninety (90) days' prior notice and, during that period, make the export described above available in a commonly usable format.
• Copyright unaffected. Copyright remains with the Creator at all times; the non-exclusive hosting license ends upon content removal or service wind-down.
• This Section is a binding commitment of the Company, not a discretionary policy.

5.22 Series Twiikle Links — Partnered Affiliate Links Only

• Partnered links only. Product tags ("Twiikles") placed on Series content (episode images and illustrations) may link only through the Company's partnered affiliate retailers provided in the tagging tool.
• No direct external links. Creator-supplied direct URLs are not permitted in Series Twiikles. This keeps Series monetization within the audited commission system (Sections 6 and 24) and protects readers from unverified links.
• Informational tags (knowledge cards) without an external purchase link are permitted.
• Commission from Series Twiikle links is distributed under the same rules as feed Twiikles (Section 24-N and the published commission schedule).

6. Payments and Settlement

6.1 Payout Methods

Creator's Commission share (after Platform Fee) will be settled through the following methods:

6.2 Payout Thresholds and Frequency

Minimum payout amounts and payout processing fees are published in the app and shown at the time of each withdrawal request; the amounts shown at request time apply to that request. Thresholds may vary by account standing as published in-app. Changes take effect on 30 days' notice and do not apply to previously requested payouts.

6.3 Confirmation Period

A 30-day confirmation period applies after each affiliate purchase is verified. If the purchase is not refunded within this period, the commission is confirmed. Only confirmed commissions are eligible for payout.

6.4 Refunds and Clawback

• If a purchase is refunded within 30 days, the corresponding commission is reversed and deducted from the next payout.
• A refund rate exceeding 10% will trigger a warning notification.
• A refund rate exceeding 20% may result in tier demotion and enhanced monitoring.

6.5 USDC Terms

6.6 Taxes

• You are solely responsible for reporting and paying all taxes on your Commission income (including Reshare revenue, Quick Collab fees, and UGC Licensing fees).
• The Company will issue tax documents as required by law:
  • United States: 1099-NEC for annual payments of $600 or more. You must provide a valid W-9 (including TIN/SSN/EIN) before your first payout.
  • If a valid W-9 is not provided, the Company is required to apply backup withholding at 24% on all payments.
  • 1099-NEC forms are issued by January 31 for the prior tax year.
  • International: W-8BEN status verification and withholding as applicable under U.S. tax treaties.
• The Company does not provide tax advice. You are encouraged to consult a qualified tax professional regarding your Commission income.

6.7 Payout Guarantee

7. Copyright and DMCA ★

7.1 Respect for Intellectual Property

The Company respects the intellectual property rights of others and expects users to do the same. You must not upload content to the Service without proper rights or authorization.

7.2 DMCA Designated Agent

Pursuant to the Digital Millennium Copyright Act (DMCA, 17 U.S.C. § 512), the designated agent for copyright infringement notifications is:

7.3 5-Step Verification Process

DMCA infringement claims are submitted through a 5-step verification form designed to filter fraudulent claims and protect creators from unjust takedowns.

Only notifications that complete all 5 steps are processed. Under 17 U.S.C. §512(f), knowingly filing a materially false DMCA notification constitutes perjury and may result in liability for damages.

7.4 Hide, Not Delete

• Content set to private remains accessible to the uploader for counter-notification preparation purposes.
• Content is restored upon a successful counter-notification.
• Permanent deletion occurs only if (a) the Creator voluntarily requests deletion, or (b) ordered by a final court judgment.

7.5 No Content ID

The Company does not use automated content matching or fingerprinting systems (e.g., YouTube Content ID). All copyright claims must be submitted through the formal DMCA process described above. This prevents erroneous automated strikes against creators.

The Company reserves the right to implement content matching technology in the future, with a minimum of 90 days' advance notice.

7.6 Counter-Notification

Under 17 U.S.C. §512(g), uploaders of Content that has been made private due to a DMCA notification may submit a counter-notification.

• The counter-notification must include a statement under penalty of perjury.
• The original claimant will be notified of the counter-notification.
• If the original claimant does not file a court action within 10–14 business days, the Content will be automatically restored and the strike will be removed.

7.7 Three-Strike Policy

To maintain DMCA Safe Harbor eligibility, the Company implements a repeat infringer policy:

DMCA strikes and Community Guidelines strikes are tracked separately.

7.8 False Claims

Under 17 U.S.C. §512(f), knowingly submitting a materially false DMCA notification constitutes perjury and may result in liability for damages caused by the wrongful takedown. The Company may report repeat abuse to law enforcement.

8. Community Guidelines

8.1 Scope

The separately published Community Guidelines form part of these Terms. All users must comply with the Community Guidelines.

8.2 Prohibited Content

8.3 Reporting

• Any user may report content that violates the Community Guidelines.
• Content that receives 5 or more reports from different users is automatically hidden and escalated for priority admin review.
• Child safety reports trigger immediate hiding and emergency admin notification.

8.4 Community Strikes

Community Guidelines violations result in Community Strikes, which are tracked separately from DMCA Strikes. Actions resulting from accumulated Community Strikes are detailed in the Community Guidelines document.

8.5 Appeals

Users may appeal actions taken on their Content for Community Guidelines violations. Appeals are reviewed by the admin team, who will decide whether to uphold or reverse the action.

8.6 Content Rating System ★

All videos and series Content uploaded to the Service must be classified by the Creator into one of three content ratings. The rating determines audience eligibility and is enforced via server-side filtering.

16+ Young Adult tier is intentionally not provided. Twiikle operates a single 13+ access gate; once a user is verified as 13+, all Teen-rated features are available without further age-tier gating. Mature content is the only rating that triggers additional 18+ verification.

Category neutrality: The three-tier rating applies uniformly to all six series categories (Web Novel, Webtoon / AI Comic, Variety / Entertainment, Short Drama / Web Drama, Animation, Audio Drama) and to all feed video categories. There is no category-specific rating exception.

8.7 Mature Content Restrictions ★

Even within the Mature 18+ rating, the following content remains absolutely prohibited regardless of audience verification status:

• Nudity and sexually explicit material — Twiikle does not permit nudity, sexual acts, or sexually suggestive content, in either video footage, thumbnails, series text/imagery, or any other Content surface. The WEBTOON/Wattpad-style partial-allowance model is expressly not adopted.
• Child sexual abuse material (CSAM) — Immediate removal, account termination, and law enforcement referral (see §8.2).
• Violence celebrating real-world harm — Glorification of real violence against identified persons or groups.
• Illegal activity instruction — Step-by-step guides to commit crimes.

Mature-only affiliate product categories: Products categorized as alcohol, tobacco, gambling, or other adults-only goods are restricted from the affiliate Product Catalog and may not be tagged through Twiikles regardless of Creator account verification status. The Company maintains a manually curated category blocklist and may expand it without prior notice in response to regulatory or partner-network requirements.

8.8 Kids Mode ★

Kids Mode is a parent-supervised viewing mode designed to allow a guardian to permit a child (including users under 13) to view the Service on the guardian's own registered account, without granting the child independent account access. Kids Mode follows the Disney+ supervised-profile model.

• Account ownership: Kids Mode operates inside a verified 18+ adult account. The Company does not register, store, or process personal data from children under 13 directly. COPPA Section 312.5 verifiable parental consent is satisfied because no child account exists; the child views under the parent's account.
• Activation: The account holder activates Kids Mode in Settings → Privacy & Safety. A four-digit PIN is set and stored as a bcrypt hash on the Company's servers; the plain-text PIN is never stored.
• PIN strength: Twenty-three weak-PIN patterns (e.g., 0000, 1234, repeated digits, sequential digits) are rejected at PIN creation.
• Lockout: Five consecutive failed PIN attempts trigger a 30-minute lockout to deter brute-force attempts.
• Content filtering while Kids Mode is active: Only "All" rated content is shown. All Teen 13+ and Mature 18+ content is hidden from feed, search, and series browsing. Creator Studio, payments, Wiikle top-ups, episode purchases, payouts, and any commerce action are blocked while Kids Mode is active.
• Deactivation: Kids Mode can only be deactivated by entering the four-digit PIN.

8.9 Restricted Mode (Viewer Mature Opt-Out) ★

Adult Viewers may toggle Restricted Mode to hide Mature 18+ rated content from feeds and search results, independent of Adult Verification status. Restricted Mode is a binary toggle (on / off); the three-tier viewer-controlled filtering used by some other platforms (e.g., Instagram's sensitive-content levels) is not adopted. The toggle applies prospectively to Content discovery and does not retroactively affect already-purchased episodes.

8.10 Adult Verification for Mature Content ★

Access to Content rated Mature 18+ requires successful Adult Verification. Verification is requested only at the moment a Viewer attempts to access Mature content and is not required of users who only consume All or Teen 13+ content.

• Method: The Company invokes the verify_adult_age RPC, which compares the user's stored date of birth (collected at sign-up under §3.1 for COPPA enforcement) against the Service's 18+ threshold. Successful verification sets users.age_verified_at and unlocks Mature Content access for that account.
• One-time per account: Once verified, a user does not need to re-verify for subsequent Mature Content access, except where required by regulatory change, account recovery, or evidence of account misuse.
• Jurisdictional supplements: Where local law requires additional verification (e.g., government-ID-based age assurance in certain jurisdictions), the Company will introduce supplementary verification mechanisms as required, with reasonable prior notice in accordance with §17.
• Misrepresentation: Misrepresenting your date of birth to bypass Adult Verification is a material breach of these Terms and may result in account suspension or termination (see §15).

9. Privacy

9.1 Privacy Policy

The collection, use, and protection of personal data is governed by our Privacy Policy, which forms part of these Terms.

9.2 Affiliate Tracking

Cookies and tracking technologies are used to operate affiliate commerce features. Details are provided in the Privacy Policy and Cookie Policy.

9.3 Regulatory Compliance

• GDPR (EU General Data Protection Regulation) — for EEA users
• CCPA/CPRA (California Consumer Privacy Act) — for California residents
• COPPA (Children's Online Privacy Protection Act) — for users under 13

9.4 Data Rights

• Data Portability: You may export your personal data in JSON/CSV format (GDPR Art. 20).
• Right to Deletion: You may request deletion of your account and personal data (GDPR Art. 17).
• "Do Not Sell" Right: California residents may opt out of the sale of personal information (CCPA §1798.120).

10. Third-Party Services

10.1 Integrated Services

The Service integrates with the following third-party services:

• Payment Processing: Stripe, PayPal, Toss Payments, Circle (USDC)
• Authentication: Google OAuth, Apple Sign-In
• Video Infrastructure: Mux (video streaming)
• Cloud Infrastructure: Supabase, AWS

Use of these third-party services is subject to their respective terms of service.

10.2 Affiliate Networks

The Company operates as a registered publisher with affiliate networks (CJ Affiliate, Awin, Impact.com, Rakuten, Amazon Associates, and others). Commission rates, cookie windows, and product availability are determined by the respective networks and their advertiser partners. The Company does not control or guarantee these attributes and is not responsible for changes to network policies, commission rate adjustments, or program terminations by the networks or their advertisers.

10.3 External Links Disclaimer

The Company has no control over and assumes no responsibility for the content, products, or services of external websites accessed through affiliate links on the Service.

10.4 No Endorsement

The display of products or provision of affiliate links on the Service does not constitute the Company's endorsement of those products, sellers, or brands.

11. Disclaimers

• Uninterrupted Service: We do not warrant that the Service will be uninterrupted, error-free, or secure.
• Content Accuracy: We do not warrant the accuracy, completeness, or reliability of user-uploaded Content.
• Commerce Results: We do not guarantee any level of earnings from affiliate commerce.
• USDC Value: We do not guarantee the value of USDC relative to the US Dollar.
• Product Quality: We do not warrant the quality, safety, or legality of products linked through the Service.
• Algorithmic Results: We do not guarantee specific levels of exposure or reach from our recommendation algorithms.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• The Company's total liability shall not exceed the greater of (a) $100 or (b) the amounts paid to you in the 12 months preceding the claim.
• The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
  • Lost affiliate commissions
  • Losses from USDC value fluctuations
  • Product defects from third-party sellers
  • Unauthorized account access
  • Business losses from service interruption

Some jurisdictions do not allow limitations of liability. In such cases, the above limitations apply to the minimum extent permitted by applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from any claims, damages, and expenses (including reasonable attorneys' fees) arising from:

1. Content you upload to the Service
2. Your affiliate commerce activities
3. Your violation of any third-party rights (copyright, trademark, privacy, etc.)
4. Your violation of applicable law
5. False DMCA notifications or counter-notifications you submit
6. Your violation of these Terms

14. Dispute Resolution

14.1 Informal Resolution First

In the event of a dispute, the parties shall first attempt informal resolution for 30 days. You must send a written description of the dispute to the Company, and both parties shall negotiate in good faith.

14.2 Binding Arbitration

If informal resolution fails, the dispute shall be resolved by binding individual arbitration under the rules of the American Arbitration Association (AAA).

• Arbitration shall be conducted in English.
• The arbitration shall take place in the State of Delaware or at a location mutually agreed upon.
• Arbitration costs shall be shared in accordance with AAA rules.

14.3 Small Claims Exception

Either party may bring qualifying claims in small claims court.

14.4 Class Action Waiver

You and the Company agree to resolve disputes on an individual basis only. You waive any right to participate in a class action, class arbitration, or representative proceeding as a plaintiff or class member.

14.5 Arbitration Opt-Out

You may opt out of the arbitration provision by providing written notice within 30 days of account creation. If you opt out, disputes will be resolved in court pursuant to Section 16.

14.6 Limitation Period

All claims arising from these Terms must be brought within one (1) year of when the claim arose. Claims not brought within this period are permanently waived.

15. Termination

15.1 Your Right to Terminate

You may delete your account at any time through the Service settings. Upon account deletion:

• Your Content will be soft-deleted from the Service (marked as deleted but retained for up to 90 days for legal, safety, and analytics purposes before permanent removal).
• During this retention period, your Content will not be visible to other users. After 90 days, Content and associated storage files will be permanently deleted.
• Anonymized analytics data (with your user ID removed) may be retained indefinitely for aggregate service improvement.
• Personal data will be processed in accordance with applicable law (GDPR, CCPA). See our Privacy Policy for details.

15.2 Unpaid Commissions

15.3 Company's Right to Terminate

The Company may suspend or terminate your account if:

• You materially violate these Terms or Community Guidelines
• You receive a third DMCA Strike (Section 7.7)
• You engage in fraud, click manipulation, or commerce abuse
• Required by law or law enforcement request
• Your account is inactive for more than 6 months (with prior notice)

15.4 Surviving Provisions

The following provisions survive termination: Section 4 (content license termination provisions), Section 6.7 (payout guarantee), Section 11 (disclaimers), Section 12 (limitation of liability), Section 13 (indemnification), Section 14 (dispute resolution), and Section 15.2 (unpaid commissions).

16. Governing Law and Jurisdiction

These Terms 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.

For disputes not subject to arbitration (Section 14.2), you and the Company consent to the exclusive jurisdiction of the federal and state courts located in the State of Delaware.

17. Changes to These Terms

17.1 Right to Modify

The Company may modify these Terms from time to time.

17.2 Notice of Changes

• Material Changes: Changes that materially affect your rights (commission rates, settlement terms, content license, DMCA policy, etc.) will be communicated at least 30 days before the effective date.
• Notice Methods: In-app notification, email, or push notification.
• Changelog: A publicly accessible changelog of Terms modifications will be maintained.

17.3 Continued Use

Continued use of the Service after the effective date of modified Terms constitutes acceptance of the modifications. If you do not agree, you may terminate your account before the effective date.

18. General Provisions

18.1 Entire Agreement

These Terms (including incorporated policies) constitute the entire agreement between you and the Company regarding use of the Service, superseding all prior written or oral agreements.

18.2 Severability

If any provision of these Terms is found invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

18.3 No Waiver

The Company's failure to exercise or delay in exercising any right under these Terms does not constitute a waiver of that right.

18.4 Assignment

You may not assign your rights or obligations under these Terms without the Company's prior written consent. The Company may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.

18.5 Force Majeure

The Company is not liable for failures or delays in performance resulting from causes beyond its reasonable control, including natural disasters, war, terrorism, pandemics, government actions, telecommunications failures, or blockchain network outages.

18.6 Notices

Notices from the Company to you will be delivered via in-app notifications, email to your registered address, or push notifications. Notices from you to the Company must be sent to the contacts listed in Section 19.

19. Contact Information

Appendix: Items Requiring Legal Review

This Terms of Service is a draft and requires professional legal review before service launch. The following items require legal counsel: