Terms of Service

These Terms of Service (the "Terms" or "Agreement") govern your access to and use of the Fanacopia website, mobile applications, and related services (collectively, the "Services") operated by Fanacopia ("Fanacopia," "we," "our," "the Company," or "us").

By accessing or using the Services, creating an account, or making or receiving a payment through the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree to these Terms, you must not use the Services.

Fanacopia is a membership and creator-monetization platform. It allows individuals ("Members," "Buyers," or "Users") to support and access content from creators such as artists, athletes, entertainers, writers, public figures, businesses, non-profit organizations, and others ("Creators") through paid memberships, subscriptions, one-time payments, and optional tips.

Fanacopia provides the technology and platform that connects Buyers and Creators and facilitates payments between them. Except where expressly stated, Fanacopia is not the seller, publisher, or author of Creator content, is not a party to the agreement between a Buyer and a Creator, and does not control, endorse, or guarantee any Creator's content, benefits, or conduct.

2.1 Minimum age. You must be at least 18 years old to create an account, make a payment, or receive a payout on Fanacopia. By using the Services, you represent and warrant that you are at least 18. The Services are not directed to children under 13, and we do not knowingly collect information from them.

2.2 Account registration. You agree to provide accurate, current, and complete information when you register and to keep it up to date. You are responsible for all activity under your account and for keeping your login credentials secure. Notify us immediately at support@fanacopia.com if you suspect unauthorized use.

2.3 One account; accurate identity. You may not create an account through automated means or under false, misleading, or fraudulent pretenses, impersonate another person, or maintain multiple accounts to evade limits, bans, or fees.

2.4 Account suspension and termination. We may suspend, limit, or terminate your account, and remove or restrict content, at our discretion, including for violations of these Terms, suspected fraud or illegal activity, risk to other users or the platform, or as required by law or by our payment processors. You may close your account at any time; certain obligations (including payment, tax, indemnity, and dispute provisions) survive termination.

3.1 Memberships and benefits. Creators may offer paid memberships, subscriptions, tiers, one-time purchases, and optional tips ("Payments"). In exchange, a Creator may offer content, access, perks, digital goods, instant drops, community participation, or other benefits ("Benefits"). Unlike a purely gratuitous "tip," a paid membership or purchase is consideration for the Benefits the Creator chooses to offer.

3.2 The Buyer–Creator relationship. Each membership, subscription, or purchase is an agreement between the Buyer and the Creator. The Creator, not Fanacopia, is solely responsible for defining, delivering, and honoring the Benefits, for the accuracy of any description, and for any promise made to Buyers. Fanacopia provides the platform and payment facilitation only.

3.3 No guarantee of benefits. Fanacopia does not guarantee that any Creator will deliver any Benefit, post any particular content, or continue offering a membership. Fanacopia is not responsible for a Creator's failure to deliver, though we may take enforcement action against Creators who repeatedly fail to honor their offerings.

3.4 Tips. Buyers may also send optional one-time tips to Creators as a show of support. Tips are not required to access free content. A tip may or may not be tied to a Benefit, at the Creator's discretion, and is subject to the same payment, fee, and tax provisions as other Payments.

4.1 Recurring billing. Memberships and subscriptions are recurring by default. By starting a paid membership, you authorize Fanacopia and its payment processor to charge your payment method on a recurring basis (for example, monthly or annually) at the then-current price, plus applicable taxes and fees, until you cancel.

4.2 Auto-renewal and cancellation. Your subscription automatically renews at the end of each billing period unless you cancel before the renewal date. You may cancel at any time from your account settings. Cancellation stops future charges; unless otherwise stated, you retain access to paid Benefits through the end of the current paid period.

4.3 Price changes. Creators may change membership prices, and we may change our fees. We will provide notice of price changes affecting an active subscription as required by applicable law, and continued use after the change takes effect constitutes acceptance.

4.4 Free trials and promotions. Where offered, free trials or promotional pricing convert to paid, recurring billing unless you cancel before the trial or promotional period ends.

5.1 Payment processing. Payments are processed by third-party payment service providers (for example, Stripe) (each, a "Processor"). The Processor, not Fanacopia, moves funds between Buyers and Creators. Your use of payment features is also subject to the Processor's terms and policies. Fanacopia does not hold, escrow, or transmit user funds and is not a money transmitter or bank.

5.2 Fees. Fanacopia charges a platform fee of 10% on each transaction, and Processors charge payment-processing fees. These fees may be deducted from Payments before payout to the Creator.

5.3 Creator payouts. To receive payouts, Creators must complete onboarding with the Processor, including identity verification (KYC), tax-information collection, and, where applicable, sanctions and anti-money-laundering (AML) screening. Payouts are subject to schedules, minimum thresholds, holds, reserves, and reversals set by us or the Processor to manage risk or comply with law.

5.4 Holds, limits, and reserves. Fanacopia or a Processor may place holds, limits, or reserves on funds, delay or decline transactions, or require additional information to comply with law, network rules, or risk policies.

5.5 Authorization to recoup. You authorize Fanacopia and the Processor to offset, deduct, or recoup from current or future Payments or payouts any amounts owed to us or reversed by a Processor or card network (including chargebacks, refunds, fees, fines, or overpayments), and to charge your payment method as permitted by law and network rules.

6.1 Refund policy. Because Benefits (including digital content and access) are often delivered immediately, Payments are generally non-refundable except as required by law, as expressly stated in these Terms, or at Fanacopia's or the Creator's discretion.

6.2 Undelivered or misrepresented benefits. If a Creator fails to deliver a Benefit that a Buyer paid for, or materially misrepresents it, the Buyer may contact support@fanacopia.com. We may, at our discretion, facilitate a refund, remove the offering, or take action against the Creator. Creators are responsible for funding refunds of their own Payments.

6.3 Chargebacks. If you initiate a chargeback or payment dispute, we and the Processor may investigate, suspend related payouts, and recover the disputed amount and associated fees from the relevant party. Abuse of chargebacks may result in account termination.

6.4 Consumer rights. Nothing in these Terms limits any non-waivable statutory consumer-protection or withdrawal rights you may have under the laws of your jurisdiction (including, where applicable, EU/UK cancellation rights for digital content).

7.1 Creator tax responsibility. Payments received by Creators for memberships, subscriptions, purchases, and (where applicable) tips may constitute taxable income. Each Creator is solely responsible for determining, reporting, and paying all taxes arising from their use of the Services, including income and self-employment taxes, and for maintaining adequate records. Fanacopia does not provide tax advice; consult a qualified tax professional.

7.2 Information reporting. Because Payments on Fanacopia are made in exchange for Benefits, a Processor and/or Fanacopia may be required to issue tax forms (such as IRS Form 1099-K in the United States) and to collect tax information (such as Form W-9 or W-8) as a condition of payout. You authorize us and the Processor to report and, where legally required, to withhold from payouts.

7.3 Sales tax, VAT, and GST. Depending on the Creator's and Buyer's locations and the nature of the Benefits, sales tax, VAT, GST, or digital-services taxes may apply to Payments. Where Fanacopia or a Processor is legally required to calculate, collect, and remit such taxes, we may add them to the amount charged to Buyers and handle remittance. Where we are not the responsible party, the Creator is responsible for collecting and remitting applicable taxes.

7.4 Not a charitable platform. Payments are not tax-deductible charitable contributions, and Fanacopia does not issue charitable-donation receipts, even where a Creator is a non-profit, unless expressly stated for a specific program.

8.1 Your content and offerings. As a Creator, you are solely responsible for your content, membership descriptions, Benefits, pricing, and communications with Buyers. You must accurately describe what Buyers receive and deliver it as described.

8.2 Content license to Fanacopia. You retain ownership of the content you post. You grant Fanacopia a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, adapt (for formatting and display), publish, publicly perform and display, and distribute your content solely as necessary to operate, promote, and provide the Services. This license ends when you remove the content or close your account, except for content already shared with or downloaded by Buyers, and for reasonable backup copies.

8.3 Your warranties. You represent and warrant that you own or have all rights necessary to your content and Benefits, that they do not infringe or violate any third party's rights, and that they comply with these Terms and applicable law.

8.4 Relationship with Buyers; data. You may not misuse Buyer data. Any personal information you obtain about Buyers must be handled in accordance with applicable privacy laws and used only to deliver Benefits, unless the Buyer separately consents.

8.5 Loss of access. If your account is suspended or terminated, or if you stop offering a membership, you are responsible for communicating with your Buyers. Fanacopia may, but is not obligated to, notify affected Buyers and stop their future billing.

You agree that you will not, and will not permit any third party to:

(a) violate any applicable law or regulation, or facilitate any illegal activity;

(b) post, sell, or facilitate content or Benefits that are unlawful, fraudulent, infringing, defamatory, or that you lack the rights to offer;

(c) infringe or misappropriate any patent, copyright, trademark, trade secret, publicity, privacy, or other right;

(d) upload viruses, malware, or other harmful code, or interfere with or disrupt the integrity or performance of the Services;

(e) use any robot, spider, scraper, or automated means to access, harvest, or index the Services or to collect information about other users (including usernames or email addresses) without our permission;

(f) circumvent, disable, or attempt to defeat any security, rate-limiting, payment, or content-protection feature, or reverse engineer any part of the Services except as permitted by law;

(g) create accounts by automated means or under false pretenses, or engage in payment fraud, money laundering, or chargeback abuse;

(h) harass, threaten, defame, or harm other users, or send spam or unsolicited communications;

(i) impose an unreasonable or disproportionately large load on our infrastructure; or

(j) resell, sublicense, or commercially exploit the Services or other users' content except as expressly permitted.

We may investigate and take appropriate action, including removing content, suspending or terminating accounts, and reporting to law enforcement.

Certain content and Benefits are prohibited or restricted on Fanacopia, including: content that sexualizes, endangers, or exploits minors (see Section 11); non-consensual intimate imagery; content that promotes terrorism, violence, or illegal weapons or drugs; hateful conduct targeting protected characteristics; and any content prohibited by our payment processors or by the Apple App Store or Google Play policies.

Fanacopia has zero tolerance for child sexual abuse and exploitation ("CSAE"), including child sexual abuse material ("CSAM").

You may not use the Services to create, upload, post, transmit, store, solicit, share, link to, or otherwise make available any content, or engage in any conduct, that exploits, endangers, sexualizes, or harms a minor, including: (a) CSAM; (b) grooming, solicitation, enticement, sextortion, or trafficking of minors; (c) attempts to obtain sexual content involving minors; or (d) any predatory behavior toward minors. The use of apps that endanger children is prohibited under Google Play and Apple App Store policies.

Reporting. If you encounter suspected CSAE/CSAM or child endangerment, report it in-app using the reporting tools available on content, profiles, and messages, and/or by emailing CSAE@fanacopia.com. We prioritize review of these reports and may request additional information to investigate.

Enforcement and reporting to authorities. We may remove content, restrict features, suspend or terminate accounts, and take any other action we deem appropriate. Where required or appropriate, we may report suspected CSAE/CSAM to relevant authorities, including the NCMEC CyberTipline in the United States, consistent with applicable law.

12.1 Fanacopia IP. The Services, including our software, design, logos, and trademarks, are owned by Fanacopia or our licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose. You may not copy, modify, distribute, or create derivative works from the Services except as permitted by these Terms.

12.2 Creator and user content. As between users, content belongs to the user who created it, subject to the licenses granted in these Terms.

12.3 Copyright / DMCA. We respect intellectual-property rights and respond to notices of alleged infringement under the Digital Millennium Copyright Act and similar laws. To submit a notice, contact our designated agent at support@fanacopia.com with the information required by 17 U.S.C. § 512. We may remove infringing content and terminate repeat infringers.

The Services may link to or integrate third-party services (including Processors and app-store platforms). We are not responsible for third-party services, terms, or content. Your use of them is at your own risk and subject to their terms.

THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FANACOPIA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY CREATOR WILL DELIVER ANY BENEFIT. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FANACOPIA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR ANY CREATOR'S CONTENT OR CONDUCT, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FANACOPIA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES FANACOPIA RETAINED FROM YOUR TRANSACTIONS IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold harmless Fanacopia and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your content or Benefits; (b) your use of the Services; (c) your violation of these Terms or any law; or (d) your violation of any third party's rights, including any dispute between a Buyer and a Creator.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

17.1 Informal resolution. Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@fanacopia.com. We will try to resolve it within 60 days.

17.2 Binding arbitration. Except as provided below, any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable rules, rather than in court, except that either party may bring qualifying claims in small-claims court.

17.3 Class-action waiver. You and Fanacopia agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

17.4 Opt-out. You may opt out of arbitration within 30 days of first accepting these Terms by emailing support@fanacopia.com with your name and account details.

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Subject to Section 17, any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Dallas County, Texas, and you consent to their jurisdiction. If you reside outside the United States, mandatory consumer-protection laws of your country of residence may still apply.

We may update these Terms from time to time. If we make material changes, we will provide notice through the Services or by other reasonable means and update the "Last updated" date. Your continued use of the Services after changes take effect constitutes acceptance. If you do not agree, you must stop using the Services.

Certain features may be subject to additional posted guidelines, community standards, or policies ("Additional Policies"), which are incorporated into these Terms. In the event of a conflict between an Additional Policy and these Terms, the Additional Policy controls with respect to that feature.

21.1 Entire agreement. These Terms, the Privacy Policy, and any Additional Policies are the entire agreement between you and Fanacopia regarding the Services.

21.2 Severability. If any provision is held unenforceable, the remaining provisions remain in effect.

21.3 No waiver. Our failure to enforce any provision is not a waiver of it.

21.4 Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

21.5 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.

21.6 Contact. Questions about these Terms may be sent to support@fanacopia.com.