This standard agreement between the Fan and the Creator sets out the terms that govern each transaction between a Fan and a Creator on LoyalFans.
Definitions
In this agreement, the following definitions apply:
“ Company ” means ENDsun Services, LLC.
“ Content ” means any material Uploaded to LoyalFans by any User, including any photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material.
“ Creator ” means a User who has set up their LoyalFans account to post Content for Fans to view.
“ Creator Earnings ” means the portion of a Fan Payment payable to a Creator under the Terms of Service.
“ Creator Interaction ” means an interaction on LoyalFans that grants access to a Creator’s Content, including (1) a Subscription, (2) a payment for pay-per-view Content, and (3) any other interaction or payment between a User and a Creator’s account or Content, including direct messages.
“ Creator Interaction License ” means the nontransferable, Non sublicensable, and nonexclusive license each Creator grants to Relevant Content.
“ Fan ” means a User who has registered for an account and who can access a Creator’s Content via a Creator Interaction.
“ Fan Payment ” means any payment related to a Creator Interaction.
“ Indirect Sales Taxes ” means any Tax that is statutorily applied to Fan Payments in any relevant jurisdiction.
“ LF Fee ” means the 20% of all Fan Payments charged to Creators in accordance with the Terms of Service.
“ LoyalFans ” means the website accessed via www.loyalfans.com or via any web browser, which is owned and operated by the Company.
“ Paid Relevant Content ” means any Content for which the Fan must make a Fan Payment.
“ Relevant Content ” means the applicable Content of a Creator to which a Creator Interaction relates.
“ Subscription ” means a Fan’s binding agreement to obtain access for a specific period to all Content that a Creator makes available to Fans in exchange for authorizing automatic renewal payments. It does not include individually priced Content such as pay-per-view messages or tips.
“ Subsidiary ” means any legal entity that is directly or indirectly owned or controlled by the Company, or by one or more of the Company’s other subsidiaries, whether alone or in combination.
“ Tax ” means all forms of taxes, duties, levies, contributions, withholdings, or other governmental charges or liabilities, in any jurisdiction, whether imposed by statute or other legal authority.
“ Upload ” means publish, display, post, type, input, or otherwise share any photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material.
“ User ” means any user of LoyalFans, whether a Creator or a Fan or both (also referred to as “ you ” or “ your ”).
Scope
This agreement is legally binding and applies each time a Creator Interaction is initiated on LoyalFans. It governs to the exclusion of any other terms proposed by the Fan or Creator.
Accessibility
A translated or accessible version of this agreement is available on request by contacting support@loyalfans.com
Parties
The only parties to this agreement are the Fan and the Creator participating in the Creator Interaction. Neither the Company nor any of its Subsidiaries is a party to this agreement or to any Creator Interaction, except as expressly provided below.
Pricing and Payment
The Fan entering into a Creator Interaction shall pay the applicable Fan Payment, along with any Indirect Sales Tax that the Company or its Subsidiaries are required or authorized to collect. The Company is also authorized to deduct the LF Fee, distribute Creator Earnings, and make any applicable referral payments.
Subscriptions and Renewals
When you select “Subscribe,” you agree to begin a Subscription. Each Subscription will automatically be renewed at the then-current rate (plus any applicable Indirect Sales Tax). You hereby authorize the Company to charge your payment method at the start of each renewal period unless (1) your payment is declined and you have not provided another payment, (2) the Subscription price has increased, (3) you have disabled the “Auto-Renew” feature for that Creator, or (4) you close your LoyalFans account before the renewal date. By selecting “Subscribe,” you confirm your agreement to these terms and acknowledge that you will not receive additional notice before each renewal, unless required by law.
Content License
As part of a Creator Interaction, the Creator grants the Fan a Creator Interaction License to access and view the Relevant Content made available in connection with that interaction.
Content Ownership
The Creator Interaction License does not grant the Fan any ownership rights in the Relevant Content.
License Expiration
The Creator Interaction License expires automatically and without notice
Removal of Content
The Company reserves the right to remove any Content from a Creator’s account at any time, with or without notice. The Fan acknowledges that Creators may also remove Content, including pay-per-view Content, at any time, and that access to that Content is not guaranteed for any specific duration.
Without limiting the foregoing, the Company may remove any Content where it reasonably believes that removal is necessary to comply with applicable laws, regulations, or legal obligations, including without limitation the EU Digital Services Act and the UK Online Safety Act, or where the Content violates LoyalFans' Terms of Service, Acceptable Use Policy, or other applicable platform rules. The Company may also remove Content in response to valid legal requests, court orders, or notices from competent authorities, or where removal is necessary for the protection of minors, prevention of illegal activity, or safeguarding the integrity of LoyalFans.
Cancellation and Refunds
Cancellation Waiver Acknowledgment
By proceeding with a Creator Interaction, you agree to receive access to digital content immediately and understand this waives your right to cancel under applicable consumer laws, except where prohibited.
For each Creator Interaction:
Obligations Between Creator and Fan in Creator Interactions
No Guarantees
The Fan acknowledges that access to Relevant Content may be unavailable due to various circumstances, including if all or part of the LoyalFans platform is suspended, disrupted, or inaccessible.
Data Handling and Privacy
The Fan acknowledges that communications and interactions with the Creator may involve the exchange of personal data. Each party acts as an independent controller regarding any personal data it processes under this agreement and is independently responsible for compliance with applicable data protection laws, including the GDPR and the CCPA. Personal data exchanged under this agreement may be used only for the purposes of performing and administering the Creator Interaction, meeting legal obligations, and exercising legal rights. It must not be used for marketing, profiling, or any other unrelated purposes without the other party’s prior written consent.
Each party shall delete or irreversibly anonymize the other party’s personal data when it is no longer necessary for these permitted purposes, or earlier upon request by the other party, unless retention is required by applicable law.
For more information on how the Company processes personal data, please see our Privacy Policy.
Governing Law and Jurisdiction
Severability
If any provision of this agreement is held to be invalid, unenforceable, or prohibited by law, that provision will be deemed severed from this agreement, and the remainder will remain valid, enforceable, and in full effect.