Creator Terms and Conditions

Version 1.0 – 23.07.2025

1 Scope

These terms and conditions (“Creator Terms”) govern the business relationship between Fangram Solutions AG, Bahnhofstrasse 21, 6300 Zug, Switzerland (“Fangram”, “we”, “us”, “our”) and independent content creators (“Creator”, “you”) in connection with the use of our digital infrastructure (“Solution”) made available via the platform https://app.fangram-solutions.com/ (“Platform”) and the associated website https://fangram-solutions.com/ (“Website”) as well as the Fangram App (“App”).

The Solution may enable Creators, among other things, to upload, manage, and make available digital content, including photos, videos, audio files (such as music or other sounds), livestreams, data, text (including comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and other forms of digital material (“Content”). Fangram may also provide functionalities to facilitate onboarding, the presentation and delivery of Content to Users, and the related processing of payments and commissions. Any such functionalities or support features (“Services”) are provided at our discretion and may be changed, suspended, or discontinued at any time. No specific Services or technical features are contractually guaranteed.
Creators act in a self-employed capacity and are not employees, agents, or representatives of Fangram. Creators are traders and not consumers. Fangram does not direct or control the creation or substance of any Content. Only individuals who are at least eighteen (18) years old and legally permitted to offer adult content under the laws of their country of residence may register as Creators.
Fangram acts as the contractual counterparty to individuals purchasing Content as consumers (“Users”). Creators do not conclude contracts with Users and are not authorised to act on Fangram’s behalf.
These Creator Terms, together with all referenced policies and guidelines, form a binding agreement (“Agreement”) between you and us. The application of any general terms and conditions of the Creator is excluded.

2 Onboarding and account setup

To use the Solution, you must register and create a Creator account. During the registration you must provide information as required in the registration process. Registration is only complete once we have confirmed your onboarding by separate email. Access to the Solution remains blocked until such confirmation is issued.
As part of the onboarding process, you are required to verify that you are at least eighteen (18) years old and legally permitted to offer adult Content under the laws of your country of residence. This includes undergoing an age verification process through a third-party provider designated by us. We may request additional documentation to confirm your identity and eligibility at any time.
You must provide accurate, current, and complete information during the onboarding process. You agree to keep this information up to date and to notify us promptly of any changes. The use of bots or automated systems for account registration is prohibited. There is no entitlement to registration or use of the Solution.
We reserve the right to verify any information you provide, to refuse or revoke account access at our sole discretion and without giving reasons, and to make access to certain functionalities subject to additional review or approval.
You are responsible for maintaining the confidentiality and security of your login credentials. You must not share your access credentials with third parties and are fully liable for all activities conducted through your account, unless proven otherwise. You must notify us immediately if you suspect any unauthorised access or misuse of your account. We may restrict or suspend access to the Solution in such cases.

3 Creator obligations

The Solution provides technical tools that may enable the upload, configuration, and delivery of Content to Users, as well as communication, monetisation, and account features. Access to any specific feature is at our discretion and may be limited or modified at any time.
Creators are solely responsible for:
• ensuring that all Content complies with applicable law, these Creator Terms, and our Content Guidelines;
• holding all necessary rights to the Content, including image, music, and personality rights of all persons depicted;
• ensuring that no Content violates third-party intellectual property or personal rights;
• not publishing Content that is unlawful, misleading, defamatory, violent, discriminatory, abusive, or otherwise inappropriate;
• ensuring that all Content is appropriately labelled or restricted where required under applicable age protection laws.
Creators further agree to:
• cooperate in good faith with us in the event of user complaints, rights infringements, or regulatory inquiries;
• immediately correct or remove Content that violates these terms or applicable law upon our request;
• refrain from circumventing or manipulating technical access controls or payment mechanisms;
• not offer or deliver Content or services outside of the Solution to Users discovered via the Solution (off-platform diversion);
• ensure that their contact and payment details remain accurate and up to date;
• maintain the confidentiality of login credentials and prevent unauthorised access to their account.
Creators must not represent themselves as employees, agents, or representatives of Fangram, and must not enter into contracts or make promises on behalf of Fangram.
We may monitor usage, investigate violations, and suspend or terminate access at our discretion in case of a breach of these obligations. Such action does not affect our right to claim further damages.

4 Fangram obligations

We make the Solution available to you for the purpose of facilitating the configuration, presentation, and monetisation of Content. We use reasonable care and skill in maintaining and operating the Solution and will take appropriate technical measures to keep it free from known viruses and other malicious code.
We regularly maintain and improve the Solution and our infrastructure. You acknowledge that this may result in temporary unavailability, slowdowns, or disruptions. Where reasonably possible, we will notify you of planned maintenance in advance.
We may suspend or restrict your access to the Solution, temporarily or permanently, where:
• we detect or reasonably suspect unlawful or unauthorised activity;
• your Content or conduct violates these Creator Terms, the Content Guidelines, or applicable law;
• we are required to do so by law or upon official request;
• such suspension is necessary for the maintenance or security of the Solution.
During any period of suspension, you remain liable for any fees, deductions, or costs already incurred.
We may update or modify these Creator Terms or any related policies, including the commission structure, at our discretion. Where reasonably possible, we will notify you electronically of any material changes. Continued use of the Solution after such changes have taken effect constitutes acceptance of the revised terms.
We do not guarantee uninterrupted availability, a specific functionality, or successful monetisation through the Solution. All features are offered “as is” and subject to change.

5 Payments

In consideration for the commercial use of your Content by us, you are entitled to a revenue-based remuneration as set out in this Section.

5.1 Remuneration Structure
We shall pay you 75% of the gross amounts effectively received by us from Users for access to your Content (“Creator Share”). The remaining portion remains with us. The remuneration is calculated per transaction based on the respective User payment attributable to your Content.

5.2 Due Date and Payment Frequency
Payments of the Creator Share will be made once per month, typically within the first 10 business days of each calendar month, covering all payments received from Users in the previous month. We are under no obligation to pay the Creator Share prior to the full and final receipt of funds from the User.

5.3 Payment Method and Information
Payments will be made to the account details provided by you in your Creator account. You are responsible for keeping this information accurate and up to date. We are not liable for payment failures caused by incorrect or outdated information.

5.4 Refunds, Chargebacks and Faulty Content
If a User is refunded, initiates a chargeback, or if your Content is determined by us to violate these Creator Terms, applicable law, or our Content Guidelines, we reserve the right to:
a) withhold any Creator Share relating to the affected transaction;
b) reclaim already paid amounts by set-off against future payments; and/or
c) suspend further payouts until the matter is resolved.
If the User’s claim is based on your failure to deliver Content in accordance with the Content Policy, or if the Content is illegal, misleading, incomplete, or otherwise violates our policies, the Agreement, or applicable law, we reserve all further rights including blocking or removing Content and suspending or terminating your access. You shall be fully liable for resulting damages, including the costs of User compensation, chargeback fees, and administrative handling.

5.5 Taxes and Social Contributions
You are solely responsible for any taxes, levies, social security contributions, or other public charges that may apply to your income from Fangram. We do not act as your tax advisor or fiscal representative and do not withhold or remit taxes on your behalf.

6 Intellectual Property

6.1 Intellectual Property Ownership
Each party retains all rights, titles, and interests to its own intellectual property, including all copyrights, inventions, trademarks, designs, domain names, know-how, trade secrets, data, and other intangible property rights (“Intellectual Property Rights”). All Intellectual Property Rights in the Solution, including any part thereof, remain vested in Fangram.

6.2 Licence to Use the Solution
Fangram grants the Creator a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Solution solely in accordance with and for the duration of this Agreement.

6.3 Licence to Content
The Creator grants Fangram an exclusive, non-revocable, transferable, worldwide, royalty-free, and sublicensable licence to use, reproduce, host, store, distribute, make available, perform, display, adapt, translate, and create derivative works from any Content made available through the Solution, including for the purpose of delivering such Content to Users, processing payments, ensuring compliance with applicable policies, and promoting the Solution. Fangram and its affiliates may also use, process, manipulate, modify, copy, perform, compile, and otherwise exploit non-personal data generated in connection with the Content for business and operational purposes. No additional notice, approval, or compensation shall be required for any such use. This licence survives the termination of this Agreement.

6.4 Use Restrictions
The Creator must not:
• use the Solution for any purpose other than as expressly permitted under this Agreement;
• sublicense, rent, lease, assign, or otherwise commercially exploit the Solution;
• reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Solution;
• remove or alter any copyright, trademark, or proprietary notices;
• use automated tools such as bots or scrapers to access or interfere with the Solution.

6.5 Rights in Third-Party Depictions
Where the Content includes depictions of or contributions from third parties, the Creator represents and warrants that all necessary rights, licences, and consents have been obtained to grant the licence under Section 6.3 Licence to Content, and that the use of such Content by Fangram in accordance with this Agreement does not infringe any third-party rights.

6.6 Content Removal
Fangram may remove, block, or restrict access to any Content at its sole discretion, in particular if such Content violates applicable law, infringes third-party rights, breaches Fangram’s content guidelines, or otherwise poses reputational, legal, or operational risks. The Creator shall cooperate with Fangram in investigating and resolving such cases, including by promptly responding to requests for clarification or evidence.

7 Content Guidelines

The Creator is solely responsible for ensuring that all Content uploaded, made available, or distributed through the Solution complies with applicable law and Fangram’s content standards and policies as issued and updated from time to time.
The Creator undertakes not to upload, publish, or make accessible any Content that:
• violates any criminal, youth protection, copyright, personality, data protection, or competition laws;
• contains depictions of minors, non-consensual acts, violence, discriminatory language, defamation, or harassment;
• infringes intellectual property rights, personal rights, or contractual obligations owed to third parties.
Where the Content includes any third person, the Creator represents and warrants that they have secured all rights and valid consents necessary to use, publish, and license such Content in accordance with this Agreement, including the unrestricted right to commercialise the Content via Fangram.
Fangram reserves the right to review, moderate, remove, or disable access to any Content that violates this Agreement or the Content Policy. Fangram may also suspend or terminate the Creator’s account in case of repeated or material breaches.

8 Support

Fangram provides technical and administrative support to Creators in connection with the Solution. Support is offered in a reasonable manner, including via electronic communication channels and during standard business hours. Fangram does not guarantee the availability of continuous or real-time support.
Support services are provided for the use of the Solution only. Fangram is not responsible for assisting with the creation, editing, or uploading of Content, nor with resolving disputes between Creators and Users unless explicitly stated otherwise in the applicable policies.
Fangram may prioritise or limit support at its discretion, especially where support requests exceed a reasonable volume or are unrelated to the operation of the Solution.

9 Independent contractor status

Creators act in an independent and self-employed capacity. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between Fangram and the Creator.
Creators are not authorised to represent Fangram, make commitments on its behalf, or bind Fangram in any way. Creators shall not present themselves as employees, agents, or representatives of Fangram.
Creators are solely responsible for complying with all legal, tax, and social security obligations arising from their activities, including any registrations, filings, and payments required under applicable law. Fangram does not withhold or pay any taxes, contributions, or similar charges on behalf of Creators.
It is the sole responsibility of each Creator to ensure that their business conduct, including the offering and delivery of Content, complies with all applicable legal and regulatory requirements.

10 Liability and Indemnification

Fangram shall be fully liable to you only for damages resulting from intentional misconduct or gross negligence. In all other cases, Fangram’s liability is excluded to the maximum extent permitted under applicable law.
Fangram shall not be liable for indirect, incidental, consequential, punitive, or special damages, including loss of profit, data, business opportunities, or goodwill, regardless of the legal basis or whether such damage was foreseeable. We do not assume any liability for the compatibility of the Solution or the Services with your business model or individual objectives, nor for the accuracy, completeness, or availability of the Services beyond what is expressly agreed in these Creator Terms.
You agree to indemnify and hold harmless Fangram, its affiliates, officers, employees, and agents from and against all losses, damages, liabilities, claims, and expenses (including reasonable legal fees) asserted by third parties arising out of or in connection with:
• your breach of these Creator Terms or of applicable laws or regulations;
• your breach of any representation, warranty, or obligation under this Agreement;
• any actual or alleged infringement of third-party rights, including intellectual property rights and rights of publicity or privacy, in connection with your Content;
• any dispute or claim between you and a User concerning Content;
• any use of the Solution or the Services by you or persons acting on your behalf in a manner not permitted under this Agreement.
We reserve the right to take over the defense in any indemnified matter. In such case, you shall cooperate fully and provide all necessary assistance.

11 Confidentiality and data protection

The parties may disclose to each other confidential information (“Confidential Information”). Confidential Information includes, without limitation, any information marked as confidential, such as technical, commercial, or operational data, product and business plans, pricing structures, or any other information that is designated as confidential or would reasonably be understood as confidential due to its nature or the circumstances of its disclosure.
Information that is publicly available, lawfully obtained from third parties without breach of any obligation, or independently developed without access to the other party’s Confidential Information is not considered Confidential Information.
Each party agrees to protect all Confidential Information received in the context of this Agreement with the same level of care as it uses to protect its own confidential information, and in any event not less than a reasonable standard of care. Confidential Information shall not be used for any purpose other than the performance of this Agreement and shall not be disclosed to third parties, except where required by law or with prior written consent. These confidentiality obligations remain in force after termination of the Agreement.
Fangram collects and processes personal data in accordance with its Privacy Policy, available at [https://fangram-solutions.com/data-privacy/]. Personal data is protected using appropriate technical and organisational measures in accordance with the applicable data protection laws, including the Swiss Federal Act on Data Protection (FADP) and the EU General Data Protection Regulation (GDPR), where applicable.
The Creator authorises Fangram to process personal data to the extent necessary to perform this Agreement and to use anonymised or aggregated data for analytics, product development, or other legitimate purposes.
Where Fangram processes personal data on behalf of the Creator as a processor, the terms of a separate data processing agreement (“DPA”) shall apply. In the event of conflict between the DPA and these Creator Terms, the DPA shall prevail.

12 Term and termination

The Agreement remains in effect until terminated by either party in accordance with this section. Termination does not affect any rights or obligations accrued prior to the termination becoming effective.
You may request the deletion of your Creator account at any time by submitting a written request to [info@fangram.solutions.com] or using the functionalities provided in your account settings. The deletion of your Creator account does not automatically terminate this Agreement, which must be ended in accordance with this section. Some amounts may remain or become due to us even after deletion, in particular where Content has already been monetised.
We may delete your Creator account and terminate this Agreement at any time with immediate effect if you materially breach the Agreement or any incorporated policy, including the Content Guidelines, and fail to remedy the breach within ten (10) days of receiving written notice. No remedy period applies in case of serious violations, including unlawful Content or breaches of our age verification rules.
You may terminate the Agreement at any time by providing us with at least fourteen (14) days’ prior written notice.
We may also terminate this Agreement at any time for convenience by giving you fourteen (14) days’ written notice.
Upon termination, we may deactivate or delete your Creator account. Subject to applicable law and our Data Protection Statement, we will delete your Content and any personal data no longer required for legal or operational purposes.
Termination of this Agreement does not affect your obligation to pay any outstanding amounts or our right to claim damages or indemnification under this Agreement.

13 Final provisions

Entire Agreement:
This Agreement constitutes the entire agreement between Fangram and the Creator with respect to its subject matter and supersedes all prior agreements, understandings, or arrangements. Any deviation from this Agreement must make explicit reference to the modified clause. General terms and conditions of the Creator do not apply unless expressly accepted by Fangram.

Changes to Creator Terms:
Fangram may amend these Creator Terms and referenced policies from time to time. Creators will be notified of changes at least 30 days before they take effect. Continued use of the Solution after such period constitutes acceptance of the amended terms.

Notices:
Notices must be given in text form. Notices to Fangram must be sent to [info@fangram.solutions.com]. Notices to the Creator may be delivered through the Solution or, where applicable, to the last email address provided by the Creator. Creators are responsible for keeping their contact information up to date.

No Assignment:
The Creator may not assign or transfer any rights or obligations under this Agreement without Fangram’s prior written consent. Fangram may assign its rights and obligations under this Agreement without restriction.

Severability:
Should any provision of this Agreement be held to be invalid or unenforceable, the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced with a valid provision that most closely reflects the original commercial intent.

Language:
These Creator Terms are available in multiple language versions. In case of any discrepancy, the English version prevails.

Governing Law and Jurisdiction:
This Agreement shall be governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The ordinary courts at Fangram’s registered seat shall have exclusive jurisdiction for any dispute arising out of or in connection with this Agreement.
Links:
The Solution may contain third-party content or links to external websites. Fangram does not assume any responsibility for such content or websites, including their accuracy, legality, or availability.