Terms of Service

Terms of Service Agreement

This Terms of Service Agreement ("Agreement") is a legally binding contract between any user ("User," "you," or "your") of ToFans (the “Platform”, referred to as "we," "us," or "our") and ToFans. The Platform operates an online platform enabling Creators to monetize content (e.g., images, videos, live broadcasts) and Users (“Fans”) to subscribe, view, and financially support Creators via subscriptions or rewards. By accessing or using the Platform, you agree to be bound by these terms. If you do not agree, you must immediately cease all use of the Platform.

1. Acceptance of Terms

1.1 Binding Agreement:

By using the Platform, you agree to this Agreement and any modifications we make from time to time. Continued use of the Platform constitutes your acceptance of any changes.

1.2 Eligibility:

You represent and warrant that you:

  • Are at least 18 years old or the age of majority in your jurisdiction (whichever is higher);
  • Are legally permitted to access adult content under applicable laws;
  • Are not barred from using the Platform under the law of your jurisdiction or any other applicable law.

1.3 Compliance with Laws:

You agree to comply with all laws applicable to your use of the Platform, including restrictions on content distribution and intellectual property rights.

1.4 Adult Content Disclaimer:

The Platform hosts content intended for mature audiences. By accessing the Platform, you:

  • Acknowledge that such content may be explicit or adult-oriented;
  • Assume all risks associated with viewing or interacting with this content, including legal or reputational consequences;
  • Confirm compliance with age restrictions and jurisdictional laws governing adult material.

2. Definitions

For the purposes of this Agreement, the following definitions apply:

2.1 Content: Any material, including but not limited to images, videos, audio, text, metadata, and live broadcast streams, that is uploaded, posted, or transmitted by Users on the Platform.

2.2 Creator: A User who registers on the Platform to upload or live-stream adult content and engage with Fans.

2.3 Fan: A User who subscribes to and/or interacts with a Creator’s content through the Platform.

2.4 Subscription: A recurring payment made by a Fan to a Creator in exchange for access to exclusive content.

2.5 Live Broadcast Rewards: Payments or tips given by Fans to Creators during live broadcasts.

2.6 User: Any person who accesses or uses the Platform, whether as a Creator, Fan, or both.

3. Account Registration and Security

3.1 Account Creation:

To access certain features, you must provide truthful, accurate, current, and complete information, including:

  • Valid email address;
  • Payment details (if applicable);
  • Age verification documentation upon request.

3.2 Security:

You are responsible for safeguarding your password and account details. Notify us immediately at support@tofans.me if you suspect any unauthorized use of your account.

3.3 Verification:

We may require additional identity or age verification from Creators before enabling content uploads or live streaming. Failure to provide the requested information may result in suspension or termination of your account.

4. Content and Conduct

4.1 User Content:

You retain ownership of any Content you submit; however, by uploading Content to the Platform, you grant us a non-exclusive, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, and distribute your Content for the purpose of operating and promoting the Platform.

4.2 Content Standards:

  • All Content must comply with applicable laws and this Agreement.
  • Content that is non-consensual, exploitative, or involves minors is strictly prohibited.
  • You must have all necessary rights, consents, and licenses for the Content you upload.
  • The Platform reserves the right to remove any Content that violates these standards.

4.3 User Conduct:

You agree to use the Platform only for lawful purposes and in a manner that does not infringe on the rights of others. Prohibited activities include, but are not limited to, harassment, defamation, and the transmission of malware or other harmful software.

5. Payment and Monetization

5.1 Subscription Payments:

  • Fans may subscribe to Creators on a recurring basis for access to premium content. If you purchase a Subscription, it will automatically renew for additional periods of the same duration unless you cancel it.
  • Subscription fees, once charged, are non-refundable except as provided by law or as otherwise specified in our refund policy.

5.2 Live Broadcast Rewards:

  • Fans may provide live broadcast rewards (tips or payments) during live sessions.
  • Such transactions are processed by third-party payment providers. Any fees or currency conversion charges imposed by these providers are the responsibility of the User.

5.3 Creator Earnings:

  • Creators receive earning after deducting Platform fees pursuant to ToS and applying all relevant tax laws.

5.4 Platform Fees:

We reserve the right to deduct a fee from all payments made through the Platform. Details regarding fees and payout schedules will be provided within your account settings or in a separate payment policy.

5.5 Taxes:

Users are solely responsible for any taxes or duties that may be applicable to the payments processed on the Platform.

6. Intellectual Property

6.1 Ownership:

All intellectual property rights in the Platform and its design, software, and content (other than User Content) are owned by us or our licensors.

6.2 License Grant:

We grant you a limited, non-exclusive license to use the Platform solely for your personal, non-commercial use, subject to your compliance with this Agreement.

6.3 Restrictions:

You agree not to copy, modify, distribute, or create derivative works from any part of the Platform without our express written consent.

7. Prohibited Uses

You agree that you will not:

  • Use the Platform for any unlawful purpose or in any way that violates this Agreement.
  • Upload or distribute Content that is defamatory, abusive, or in violation of intellectual property rights.
  • Engage in any activity that disrupts or interferes with the operation of the Platform.
  • Use automated systems (bots, scrapers, etc.) to access or interact with the Platform without our prior written consent.

8. Monitoring, Enforcement, and Termination

8.1 Content Moderation:

We reserve the right, but have no obligation, to monitor and remove any Content or terminate any accounts that we deem to be in violation of this Agreement.

8.2 Account Termination:

We may suspend or terminate your account at our sole discretion, with or without notice, if you breach any terms of this Agreement. In such cases, any outstanding payments may be withheld until all disputes are resolved.

8.3 Reporting Violations:

Users are encouraged to report any Content or behavior that violates these terms by contacting us at support@tofans.me.

9. Disclaimers and Limitation of Liability

9.1 Disclaimer of Warranties:

The Platform is provided “as is” without any warranties, express or implied. We do not guarantee that the Platform will be error-free, secure, or uninterrupted.

9.2 Limitation of Liability:

To the fullest extent permitted by law, we exclude liability for any direct, indirect, incidental, special, or consequential damages arising out of your use of the Platform.

9.3 Indemnification:

You agree to indemnify us and our affiliates from any claims arising out of your use of the Platform or your breach of this Agreement.

10. Governing Law and Dispute Resolution

10.1 Governing Law:

This Agreement shall be governed by and construed in accordance with the laws of the United Mexican States (Mexico), without regard to its conflict of law principles.

10.2 Dispute Resolution:

Any disputes arising out of or relating to this Agreement or the use of the Platform shall be resolved through binding arbitration administered by the Centro de Arbitraje de México (CAM) in accordance with the CAM Rules.

  • Arbitration Seat: The seat of arbitration shall be Mexico City, Mexico.
  • Language: The proceedings shall be conducted in English (or another language mutually agreed by the parties).
  • Enforcement: Judgment on the award rendered by the arbitrator(s) may be enforced in any court of competent jurisdiction, in accordance with the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention).

10.3 Exceptions:

Notwithstanding the above, users residing in Mexico or jurisdictions with mandatory consumer protection laws (e.g., the European Union or United Kingdom) may bring disputes in their local courts if such laws invalidate mandatory arbitration for consumer claims.

To the fullest extent permitted by applicable law, class actions, collective arbitrations, and representative proceedings are waived. Users may only pursue claims individually.

11. Miscellaneous

11.1 Changes to this Agreement:

We may update or modify this Agreement at any time. We will notify you of any material changes via email or Platform notice. Continued use of the Platform constitutes acceptance of the updated terms.

11.2 Severability:

If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.

11.3 Entire Agreement:

This Agreement constitutes the entire agreement between you and Global Meta Universe Pte. Ltd regarding your use of the Platform and supersedes any prior agreements.

11.4 Notices:

All notices or communications under this Agreement shall be sent to the appropriate contact addresses provided within your account or as otherwise specified.

By accessing or using ToFans, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.