Terms of Service

To use the Platform, you must create an account. You can choose to use your third-party account credentials (for example: Google, X) which will be used to create your Platform account. You can also sign up with your email address.

You can only make an account if:

• you confirm that you are at least 18 years of age, or the minimum legal age required in your jurisdiction, whichever is higher. Where required by law we will verify your age. In some jurisdictions (countries, states), a higher minimum age than 18 might be applicable. In such case, the higher minimum age applies;
• the laws of the jurisdiction (country or state) where you are residing allow you to use Fannilla™ and view or upload Content;
• you use personal and accurate information. Do not impersonate someone else or choose offensive names;
• you do not have an account already; and
• your account has not been terminated or suspended by us before.

You are responsible for all activities on your account. Choose a unique and strong password and keep it strictly confidential. If someone is using your account without your permission, report it immediately to abuse@fannilla.com.

We have the right to suspend or terminate your access to the Platform.

We may suspend your account if you have violated the Terms. We will inform you of the reasons at the latest when the suspension takes effect.

We may terminate your account, without notice, with immediate effect if:

(i) you have repeatedly violated the Terms;

(ii) you have severely violated the Terms; or

(iii) we are legally obliged to terminate your account.

If we terminate your account, we have the right to delete all your Content, subject to any legal retention obligations. In that case, you no longer have access to your Content, your Wallet funds will expire, and Creator Earnings associated with violating Content will be suspended or forfeited. You are responsible for your own back-ups.

You can delete your account through your account settings. We will disable your account for 30 days. If you do not log in to your account within these 30 days your account and Content will be permanently deleted and cannot be retrieved. You will not have access to any paid Subscriptions anymore. Wallet funds expire and Creator Earnings associated with violating Content will be suspended or forfeited.

If you are a Creator and you still have Fans with a Subscription to your account, your account will not be deleted until the last Subscription expires.

In short, everything that is not allowed in the ‘real world’ is also not allowed on the Platform (lying, abusing, selling dangerous products, hacking, infringing someone’s rights, child sexual abuse material (CSAM), etc.).

For an overview of everything that is and is not allowed we refer you to our Acceptable Use Policy which applies to your use of the Platform.

Fannilla™ is at all times entitled to file a criminal complaint for any offense committed through or by using the Platform.

You may link to our homepage or promote your Creator account via third party applications.

When linking to us, you may not damage our reputation, impersonate someone, or suggest that you have any kind of endorsement from us. You must not promote your Creator account by using Google Ads or any similar advertising platform or search engine advertising service.

We will do our best to keep the Platform up and running 24 hours a day, 7 days a week. We take care of the availability and maintenance of the Platform, but we do not guarantee uninterrupted availability.

During maintenance, the Platform can be (partly) unavailable.

We have the right to change the Platform. This includes changing, removing or adding certain features or functionalities of the Platform.

We do not guarantee that our Platform is completely free of errors. Please inform us immediately of any errors, bugs or malfunctioning via bugs@fannilla.com.

We (or our licensors or suppliers) are the exclusive owners of all existing and future intellectual property rights related to our platform and services, excluding intellectual property rights on Content or Products of Creators.

We give you a personal, worldwide, non sub-licensable, non-exclusive, and non-transferable right to use our Platform in accordance with the Terms.

You cannot claim any of our intellectual property rights and you are not allowed to share, sell or in any other way exploit the content related to our platform and services.

Please refer to Article 10 of the Creator Terms for the terms on intellectual property rights on your Content.

We respect your privacy. Please also respect the privacy of other users. We protect your personal data in accordance with the General Data Protection Regulation (GDPR). Please see our Privacy Policy for more information.

Please be aware that people on the Platform might recognize your identity through your Content, messages, or your account profile.

We give Creators an option to exclude IP-addresses from certain countries on their account. However, this option does not give a guarantee of protection of your identity.

We are sorry to hear that you have a complaint.

Complaints can be categorised as a complaint under:

If you are not satisfied with the way we handle a complaint and you are a Consumer residing in the European Union (EU) or the European Economic Area (EEA), you may seek redress through alternative dispute resolution (ADR) bodies in your country of residence. A list of certified ADR bodies in EU Member States is available at: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies

We can remove Content or Products that are violating our Terms.

We can temporarily remove Content or Products that are allegedly violating our Terms, at our full discretion.

If we remove your Content or Products, we will inform you of the removal and the reasons thereof. If you believe you are not violating the Terms, you can file a complaint. For more information, please see our Notice and Action Policy.

We try to build the best possible platform for you, but we cannot promise it will always be perfect. We are not liable for any damages or adverse consequences caused by or relating to the following things:

• your use of our Platform. All actions you take on our Platform are for your own account and risk;
• improper or unlawful use of the Platform;
• the technical inaccessibility of the Platform;
• circumstances caused by force majeure;
• your Content being copied, distributed or infringed by another user; and
• all things we are not responsible for as mentioned in Article 8.

In case we are liable, we are only liable for your direct damages, which are directly and exclusively the result of a shortcoming on our part. We are not liable for indirect damages, loss of profit, revenue or opportunity. If recovery is possible, it is at our sole discretion to proceed with recovery or pay damages.

Consumer: (i) if you are a Consumer and a Fan our liability is always limited to your spending in the last 3 months before your complaint to us and (ii) if you are a Consumer and a Creator our liability is always limited to the amounts you paid to us in the 6 months before the event giving rise to the claim.

Business User: if you are a Business User our liability is always limited to the greater of (i) 100% of the Creator Fee we have charged you in the 12 months preceding the claim or (ii) EUR 2,000.

The limitation period of all claims and defences against us is 1 year after you became or should have become aware of the damages. After this period, all claims lapse and become null and void.

The limitations set out in this Article 15 do not apply if the damage is the result of an intentional act or gross negligence from our side.

You may be protected by mandatory consumer protection laws. These laws may overrule our terms. In that case, our liability is also determined by the consumer protection laws.

Fannilla™ reserves the right to remove, block, or restrict any content or activity that, in its sole discretion, may:

• Expose the Platform, its users, or its partners to legal or reputational risk;
• Breach payment-processor or regulatory requirements; or
• Undermine the integrity, safety, or brand reputation of Fannilla™.

• All users must ensure their content complies with applicable laws, the Terms and the Acceptable Use Policy;
• Fannilla™ may monitor, review, or remove any Content at any time; we will inform you of the removal and the reasons in accordance with clause 14.3. We refer to the Content Removal Policy.
• Repeated or severe violations of the Terms and the Acceptable Use Policy may result in permanent account termination;
• Illegal material will be reported to law-enforcement authorities;
• These Terms and the Acceptable Use Policy may be amended in accordance with clause 19.3.

We always hope to work out any dispute you have with us amicably. If that does not work, you can file a claim to court. Please find below to which court you can bring a claim.

Consumers:

• EU/EEA Consumers: you may bring a claim in your country of residence, or at the Consumer’s choice, the District Court of Amsterdam, the Netherlands;
• Non-EU/EEA Consumers: the District Court of Amsterdam, the Netherlands, has jurisdiction, subject to mandatory local consumer protection law.

Business Users:

• Business Users: the District Court of Amsterdam, the Netherlands, has exclusive jurisdiction.

The Terms and the use of the Platform are governed by the laws of the Netherlands. Notwithstanding this choice of law, a Consumer is entitled to the protection afforded to him by the mandatory law of his country of residence.

The invalidity or unenforceability of any provision of the Terms will not affect the validity or enforceability of any other provision of the Terms. Any such invalid or unenforceable provision will be replaced by a provision that is considered to be valid and enforceable and whose interpretation will be as close as possible to the intent of the invalid provision.

Fannilla™ reserves the right to unilaterally amend these Terms. Minor amendments may be made at any time and do not require prior notice. Material amendments shall be notified to the user in writing or electronically at least 30 days before they come into effect. If a change results in a service being materially different from the original service, or detrimental to the user, a Consumer has the right to terminate the use. A Business User who does not agree may terminate before the amendment takes effect; continued use after that date constitutes acceptance of the amended Terms.

You are not allowed to assign or transfer any rights and obligations on account of Fannilla™ or the Terms without prior written approval of us. We do not need your consent if we want to transfer our rights or obligations to a third party.

The Purchase & Licence Agreement (Purchase Agreement) is a binding agreement between you and the Creator regarding the transaction between you and the Creator (Transaction). Fannilla™ facilitates the Transactions and Purchase Agreement but is never a party to the Purchase Agreement.

If the Fan is a Consumer and purchases from a Creator who is a Business User, this Purchase Agreement shall qualify as a consumer purchase as meant in article 7:5 Dutch Civil Code (DCC) (Consumer Purchase). If the Fan is a Consumer and purchases from a Creator who is a Consumer, this Purchase Agreement shall not qualify as a Consumer Purchase.

By entering into a Transaction, you agree to pay the price determined by the Creator for the Content or Products (Sales Price) and where applicable VAT and other taxes.

You may tip Creators. Tips are donations and a voluntary contribution to support a Creator. Tips do not result in an obligation for a Creator. Tips are non-refundable in all circumstances.

Payments are processed through your preferred payment method (credit card,Wero, etc.) that is offered on our website. You cannot pay outside the offered payment methods.

Your payment card provider may charge you currency conversion or other fees. We do not have an influence or control on the fees charged.

If you request a charge-back from your credit card company or other payment provider, your access to the Platform may be suspended or terminated.

Your Fannilla™ Wallet is a prepaid balance that you can use to pay for subscriptions, content purchases, and tips on the Platform. You can add funds to your Wallet. Funding of your Wallet can only take place in fixed top-up amounts offered on the Platform (Bundle).

When you add funds to your Wallet:

(i) you are entitled to a full refund of your Wallet balance within 14 days of a top-up, provided you have not spent any of those funds;

(ii) your right to a refund is forfeited as soon as you spend any part of the funds added in that top-up, even partially.

Wallet funds do not expire as long as your account remains active. If your account is inactive for 12 consecutive months, unused funds may expire. We will notify you in advance before this occurs.

You can subscribe to the Content of a Creator (Subscription).

The Creator can offer various subscription periods, such as per month, per three-months or per six-months (a Subscription Period).

Subscriptions will be automatically renewed for one month each time at the end of the relevant Subscription Period unless you cancel the Subscription before the end of the Subscription Period. A Subscription that has been renewed can be cancelled at any time with one month's notice.

If you cancel your Subscription, you will be able to view the Content until the end of your Subscription Period.

You can cancel your Subscription in your account settings.

If you suspect that Content is illegal (e.g. violence or child sexual abuse material (CSAM)) please report this to us immediately using the report button or via abuse@fannilla.com. More information can be found in our Notice and Action Policy and Content Removal Policy.

A Creator only grants you a personal right to view the Content on the Platform. By exporting or extracting the Content (such as distributing screenshots of the Content) you are violating the intellectual property rights of the Creator.

This section applies if you are a Creator.

As a Creator, you are personally bound by these Terms and you are personally responsible for the Content uploaded from your profile, also if you work via an agency or other third party.

Identity Verification, Taxes, International Restrictions

Identity Verification: To keep our Platform safe and comply with laws, we need to know exactly who our Creators are. You can only start earning money and receiving payouts once your identity is verified and your tax information is complete.

Taxes: You are fully responsible for reporting and paying taxes on the income you earn through our platform. To comply with international tax regulations, you must provide the correct tax information before your first payout can be processed:

• Creator based in the EU (DAC7): Under the EU DAC7 directive, we are legally required to collect and report your earnings and tax information (such as your Tax Identification Number (TIN), bank details, and VAT number, if applicable) to the tax authorities. You must provide us this information accurately.
• US Creator (W-9): If you are a US citizen or resident for tax purposes, you must submit a fully completed Form W-9 to us.
• Non-US creator (W-8): If you live outside the United States but earn income that may be subject to US withholding tax, you must provide us an accurately filled out a Form W-8 (such as W-8BEN). This helps ensure the correct amount of tax, or exemption under a tax treaty, is applied.

International Restrictions: We strictly comply with international sanction laws and trade restrictions. This means you cannot use the Platform, and we cannot process any payouts to you, if:

• You are listed on any international sanctions list (such as those managed by the European Union, the United Nations, or the US OFAC).
• You live, reside, or operate in a country or region subject to a comprehensive international trade embargo.

If you sell Content or Products to a Fan, it will constitute a Transaction. The terms of the Transaction will be established in a separate Purchase Agreement.

The Purchase Agreement is a binding agreement between you and the Fan. Fannilla™ facilitates the Transactions and Purchase Agreement but is not a party to the Purchase Agreement.

We will send you an update if a Transaction is concluded. In that case, you must fulfil your part of the Transaction (e.g. shipping Products or granting access to Content). This is your responsibility, and you agree to indemnify Fannilla™ if we suffer damages because you did not comply with the Purchase Agreement.

You may receive tips from your Fans. Tips are voluntary donations and do not result in any obligation for you.

You determine the price of your Content or Products (the Sales Price).

Sales Prices and tips shown to Fans exclude VAT and other taxes where applicable and shown in USD or in EUR. By entering into a Transaction, the Fan agrees to pay the Sales Price and where applicable VAT and other taxes.

We facilitate the payments relating to any Transaction (Fan Payment) via third party payment providers.

The Creator has the option to have all Fan Payments be transacted in USD.

We charge you a fee of 20% of the Sales Price for the use of Fannilla™ (the Creator Fee).

We work with third-party payment providers. All Fan Payments will be directly received by a third-party payment provider.

You are entitled to receive the Sales Price (excluding VAT and other taxes collected by us) minus the Creator Fee (the Creator Earnings).

You can find an overview of your Creator Earnings in the ‘statement of earnings’ in your account.

You can set in your account the frequency at which you want to receive your Creator Earnings (weekly, bi-weekly, monthly). Payouts are made from a minimum amount of USD/EUR 200. Creator Earnings will become available for payout after a 7 to 21 day clearing period, depending on our risk assessment of the Fan.

The Fan Payments and Creator Earnings are transacted in USD or EUR (depending on the countries of residence of the Fan and Creator and the preference of the Creator). It is not possible to change to other currencies. Your bank may charge you currency conversion or other fees. We do not have an influence or control on the fees charged.

Your Creator Earnings or any claim you might have on us is non-transferable as meant in article 3:83(2) of the Dutch Civil Code.

We cannot exclude the Fan’s legal right to request a refund from you. It is for your own account and risk if a Fan seeks a refund. We do not refund any Creator Fee collected by us.

If a Fan requests a charge-back from their Fan Payment to you, the amount of the charge-back and any additional costs related to the charge-back will be withheld from your Creator Earnings.

We may (or may instruct our third-party payment providers to) withhold any Creator Earnings which are not yet paid out to you if:

• we suspect that your Creator Earnings were the result of unlawful activity, either by you or the Fan who has made the Fan Payment; or
• we suspect you have or may have violated the Terms which leads to legal or financial consequences for Fannilla™ or other users.

We will inform you of the reasons.

We (or our third-party payment providers) may withhold the Creator Earnings for as long as necessary for an investigation into the alleged breach or unlawful activity.

The obligation to pay out the Creator Earnings concerned lapses to the extent our suspicions as specified in clause 7.1 are confirmed.

We may offset your Creator Earnings against any amount you owe us due to justified refunds or charge-backs by Fans or any other outstanding amount or claim we may have on you. You are not allowed to offset the Creator Fee with the Creator Earnings or any amount we may owe you.

We shall collect all VAT, GST, or sales taxes (if applicable) on the Fan Payment and transfer this to the relevant tax authorities.

You are responsible to comply with your local tax rules. We recommend you seek professional advice. The information on taxes on our website is for general purposes. We are not liable to you with regard to this information.

You undertake and guarantee that you will always comply with any tax laws and regulations. We can suspend your account if we are notified of any non-compliance.

UK

This section is applicable to Creators who are registered for UK VAT.

Exclusively for UK VAT purposes, Creators are seen as providing their services to Fannilla™ instead of directly to their Fans.

Fannilla™ will be considered, for UK VAT purposes, as the recipient of your Creator Earnings plus the UK VAT at the rate applicable at the time of the Fan Payment.

You agree to send us monthly VAT invoices. These invoices should cover what you've earned as a Creator along with the VAT for these Creator Earnings.

We shall pay you the VAT added to your Creator Earnings separately from your usual Creator Earnings. Therefore we need the following from you:

• your VAT registration number;
• a VAT invoice;
• a VAT return to HM Revenue & Customs demonstrating a value of taxable supplies equal to or surpassing the collective value of your Creator Earnings for the relevant period.

You shall transfer the VAT amount you have received from us directly to HM Revenue & Customs.

You must keep copies of all VAT invoices and returns related to what you earn from Fannilla™. If we ask, you must provide the copies to us within 14 days. It is your obligation to follow all the VAT rules and keep good records.

If you are a UK Creator who does not need to register for UK VAT, you must monitor whether you are exceeding the VAT registration limit. If you exceed the VAT registration limit, you must register.

You guarantee that the Content you upload is:

• compliant with these Terms (specifically the Acceptable Use Policy) and all applicable laws and regulations;
• posted with the consent of any individual that is visible and/or recognizable in the content (as meant in article 11);
• not violating any intellectual property rights (as meant in article 10);
• in good quality;
• as described by you.

We can remove Content that is not in accordance with article 9.1 without prior notice. Please refer to article 14 of the Terms for all users, the Notice and Action Policy, Complaints Policy and the Content Removal Policy for more information.

By using our Platform, you guarantee (i) to be the sole and exclusive owner of the Content you upload and the Products you offer, or (ii) to have obtained all necessary rights, licenses, consents or waivers to upload the Content and offer the Products on the Platform.

You remain the owner of all intellectual property rights or licenses you own in relation to the Content and Products. Uploading Content or offering Products on Fannilla™ does not affect your rights in relation to your Content or Products, since we do not claim ownership of the intellectual property rights on your Content and Products.

We need your permission to offer your Content and Products to Fans via Fannilla™. By uploading Content on the Platform, you grant us a non-exclusive and worldwide license for the purpose of enabling Fannilla™ to offer and display the Content to Fans through the Platform.

By offering Products on the Platform, you grant us a non-exclusive and worldwide license to promote, market, and sell Products on your behalf to Fans through the Platform. Fannilla™ has the right to conduct transactions on behalf of the Creator, process payments and handle product delivery logistics, if applicable.

The licenses described in Articles 10.3 and 10.4 are non-exclusive, worldwide, royalty-free and sub-licensable to our service providers to the extent necessary to operate the Platform. The licenses end when you delete the Content or your account, except for Content already purchased by Fans and copies we must retain by law.

You shall indemnify and hold Fannilla™ harmless from and against any claim, suit, action or proceeding from a third party regarding your Content and Products, which may arise as a result of any violation of this article. Your indemnification obligation extends to all costs, expenses and damages (including attorneys’ fees and court costs) incurred by Fannilla™ due to such claim.

You may only post Content showing another person or persons than yourself (a Collaboration) if the following conditions are met:

• you have verified that each person depicted in your Content has consented to (i) being depicted in such Content, and (ii) the public distribution of that Content on the Platform;
• you have verified that each person depicted in your Content is at least 18 years old by checking their government-issued identification photo ID (e.g. passport, national ID, driver's license);
• you have obtained any other licenses or consents in writing from the persons depicted in your Content, that are required to upload the Content on Fannilla™; and
• each person depicted has been verified by Fannilla™’s age and identity verification process (or is a verified Creator) before the Content is published.

You shall obtain and maintain written documentation to show that the conditions of article 11.1 have been met and will provide such written documentation to us promptly upon request.

You agree that we may refrain from uploading any Content related to a Collaboration until all conditions of article 11.1 are met.

You can do a Collaboration with other Creators. You must tag the other Creator in your Content. The Collaboration will only be posted if the other Creator accepts the Collaboration.

The Creator Earnings will be distributed evenly amongst all participating Creators in the Collaboration, unless they have agreed a different split via the Platform.

You can advertise on Fannilla™. You must comply with the rules of this article 12 if you post Content aimed to promote your own or third-party goods or services (Advertising Content).

The Advertising Content must:

• not be violating public order, applicable laws and regulations or these Terms;
• not be unnecessarily offensive or pose a threat to public health;
• not damage the confidence in advertising or appeal to a feeling of fear or superstition;
• not be dishonest, misleading, or unfair.

You may not upload Content to promote:

• tobacco products or related products (such as, but not limited to e-cigarettes);
• illegal products;
• weapons;
• food and drinks (such as nutritional supplements, weight-loss products and energy drinks);
• products containing alcohol; and
• products that relate to online gambling,

and you agree that we may refrain from uploading any Advertising Content relating to the above.

The Advertising Content must be marked as an advertisement. Before you post Content we will ask you if you are advertising. You agree to answer this truthfully. If you receive any kind of reimbursement for the Advertising Content you must mention this in your Advertising Content.