Terms of Service

Version: 2026-10-09.1

Terms of Service

Last Updated: 9 October 2026

Contents

  1. About Subs

  2. About these Terms

  3. Changes to these Terms and Subs

  4. Definitions

  5. Accounts on Subs

  6. Content on Subs

  7. Prohibited Uses on Subs

  8. Moderation

  9. Reporting Content or Submitting a Complaint

  10. Intellectual Property

  11. Subscriptions and purchasing content

  12. Earnings on Subs

  13. Termination

  14. Liability

  15. Miscellaneous

  16. Referral Program Terms

  17. Vat & Tax Policy

1. ABOUT SUBS

1.1. Subco Group Ltd, a UK limited company with registration number 14818102 and registered address at 6th Floor, Manfield House, 1 Southampton Street, London, England, WC2R 0LR (“Company”, “Subs”, “we”, “our”, “us”), owns and operates subs.com (“Subs”) and all affiliated websites and mobile versions. Subs.com is a social media platform (the “Platform”) that consists of the following users:

  • Creators to upload, post or livestream audio, photos and videos to the Platform for users to access their User Content (“Creator(s)”).

  • Subscribers to pay to access Creator User Content (“Subscriber(s)”), whether through pay-per-view, a one off payment, a monthly subscription or otherwise.

  • Followers to access Creator User Content by following a Creator (“Follower(s)”).

The term “Users” refers to all users of the Platform, whether Creators, Subscribers, Followers or any other users of the Platform who is not a Creator, Subscriber or Follower.

1.2. Users in the US will also deal with Subco Group LLC, a limited liability company incoporated in the state of Delaware, office: 5935 Rivers Avenue, Suite 101B, North Charleston, SC 29406. Subco Group LLC is an agent of the Company and will act as an intermediary where US providers wish to work with a US and not a UK entity.

1.3. Subs does not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to Subs or from Subs as open communications readily accessible to the public.

1.4. To contact us with any questions about Subs, please email support@subs.com. If you are unable to contact us by email, please write to: 6th Floor, Manfield House, 1 Southampton Street, London, England, WC2R 0LR.

2. ABOUT THESE TERMS

2.1. Entire Agreement: These Terms and our Policies available on subs.com constitute the entire agreement between you and Subs about your access to and use of the Platform. It supersedes all earlier or contemporaneous agreements between you and Subs about access to and use of the Platform.

2.2. By registering or using the Platform, you hereby accept and agree to be bound by and abide by these Terms. If you do not want to agree to these Terms or do not meet or comply with its provisions, you must not use or access the Platform.

2.3. The Privacy Policy is not contractual but we will grant you access to the Platform on the understanding that you are aware of its terms and the framework under which we process personal data.

2.4. By accessing the Platform, you also agree to the rights reserved and conferred to Subs and yourself under:

(together, the "Policies")

2.5. The Policies are hereby incorporated by reference into these Terms. Adherence of the Acceptable Use Policy is a condition of these Terms. Please read and review the Policies thoroughly for more information.

3. CHANGES TO THESE TERMS AND SUBS

3.1. We reserve the right to amend the Terms without notifying you beforehand:

  • 3.1.1. where changes in laws and/or regulatory requirements apply to Subs and the services, features and programmes provided by the Platform, and such changes require changes to the terms and conditions in a manner which does not allow Subs to give reasonable notice to you; and

  • 3.1.2. to address an immediate and unanticipated threat related to defending the Platform, Subscribers or Creators from fraud, malware, spam, data breaches or other cybersecurity risks.

3.2. We may also amend the Terms in full or part for any other reasons not stated above, including to reflect changes to our services, Users' needs and our business practices or to improve performance, enhance functionality or address security issues. We will try to give you reasonable notice of any major changes, for smaller changes we will give you not less than 15 days’ written notice of such changes by email or through the Platform. You may contact us to end your agreement with us before the changes take effect. Once any updated Terms are in effect, you will be bound by them if you continue to use the Platform.

3.3. We do not guarantee that the Platform, or any User Content on it, will always be available or accessible without interruption. We may suspend or withdraw or restrict the availability of all or any part of Subs for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.

4. DEFINITIONS

In these Terms, the following definitions apply:

Agent: a third party intermediaries which introduce Creators therefore participating as a Referring Creator

AI-Assisted Messaging (or "AI Manager"): a feature which, where enabled by a Creator, uses artificial intelligence to draft, suggest and/or send direct messages (including offers to purchase content) to Subscribers on that Creator's behalf.

AI Creator: a Creator identity, persona, or character that is AI-generated, virtual, synthetic, or fictional.

Business User: User who uses the Platform for commercial reasons, whether acting on their own behalf or through a third party, including Referring Creators.

Collaborative Content: User Content that depicts third parties.

Creator: has the meaning as stated in clause 1.1 of these Terms.

Creator Earnings: the portion of payments payable to a Creator pursuant to these Terms subject to deduction of fees, applicable tax laws and regulations and any other deduction under these Terms.

Follower: has the meaning as stated in clause 1.1 of these Terms

Intellectual Property Rights: means all intellectual property rights anywhere in the world, whether registered or unregistered, including patents and rights to inventions, copyright (including in software), database rights, rights in designs, trade marks and service marks, trade names, business names, logos, domain names and social media handles, and rights in knowhow and confidential information (including trade secrets), together with all applications for, and renewals or extensions of, such rights, rights to claim priority from them and the goodwill attaching to them.

Management Services: the arrangements whereby Agents agree with Creators they refer to provide ancillary support with the Creator’s account.

Management Fee: the monies a Creator agrees to pay an Agent for Management Services

Prohibited Use: any breach by a User of the Acceptable Use Policy or the provisions of clause 7.

Referring Creator: A User with a current Creator account who participates in the Subs Referral Programme as a referrer. For more information on the Subs Referral Programme, please see the Subs Referral policy.

Responsible Account Holder: the natural person who registers, controls, and is legally responsible for a Creator account, including an AI Creator account.

Sexually Explicit Content: means any User Content that explicitly depicts or graphically describes sexual activity with others or with yourself. This includes, without limitation, User Content depicting or featuring genitalia (excluding nude breasts, buttocks and/or sheer lingerie), use of sex toys, sexual bodily fluids, or other sexual activities.

Whether User Content constitutes as Sexually Explicit Content will be at the sole determination of Subs having regard to the User Content as a whole, including its imagery, framing, pose, text, audio and surrounding context.

Subs Referral Programme: the arrangements that incentivise Users to introduce the Platform to other Users.

Subscriber: has the meaning as stated in clause 1.1 of these Terms

Tip: a voluntary payment made by a Subscriber to a Creator, whether as a gratuity in relation to User Content or in exchange for access to specific User Content.

Upload: publish, post, type, display, input, livestream or otherwise share any User Content on the Platform.

User Content: means media, photos, audio, videos, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, Calls, messages and any other material whatsoever Uploaded by Users on the Platform.

Viewing Access: the access of Creator User Content by a User granted by way of being a Subscriber, Follower or any other users of the Platform who is not a Creator, Subscriber or Follower

Viewing Licence: the limited licence granted by a Creator to Users under clause 10.4 for Viewing Access of User Content solely via the Platform for personal, noncommercial use, subject to these Terms.

Wallet; Wallet Balance; Wallet Credit; Available Balance; Balance for Spending: a Subscriber’s spend-only balance on the Platform.

5. ACCOUNTS ON SUBS

5.1. Subscribers and Followers: To register and create an account with Subs as a Subscriber or Follower, you must provide a valid email address, a username, and a password, or authenticate using a valid Apple or Google account. If you desire to purchase User Content on Subs as a Subscriber, you are required to provide a valid payment method. Subs utilises a third party payments provider and does not store any payment information.

5.2. Creators: To register and create an account on Subs as a Creator, you must complete the Creator registration process and be approved by Subs in our sole and absolute discretion. If you desire to sell content on the Platform, you will also need to add a verified bank account, which must be in your name and owned by you. If you use a business bank account or are a Business User, the business account must also be legally owned by you. Additionally, you will need to submit any additional legal information as required. Your Creator Earnings will be paid into your designated bank account via one of our payout processors. With exception to those Creators seeking payment via direct bank wire, which is stored by our third-party payout processors, Subs does not store any bank account information. It is the Creator's responsibility to ensure the correct bank details are provided. Failure to do so may result in delayed or lost funds.

5.3. Personal legal responsibility of Creators: Creators may be individuals or may operate an AI-generated, virtual, or fictional persona ("AI Creator"). In all cases, the Creator account must be registered to and controlled by a natural person (the "Responsible Account Holder"). Our relationship is with you, and not with any third party. Every Creator is bound personally by the Terms. You will be legally responsible for ensuring that all use of your account including all User Content posted complies with the Terms. If you have an agent, agency, management company or other third party which assists you with the operation of your Creator account (or operates it on your behalf), this does not affect your personal legal responsibility.

5.4. No Minors: the Platform contains adult-oriented content and is not intended for minors. You therefore warrant (which means you make a legally enforceable promise) that:

  • (i) you are 18 years old or over;

  • (ii) if the laws of the country or State/province where you reside provide that you can only be legally bound by a contract at an age which is higher than 18 years old, then you are old enough to be legally bound by a contract under the laws of the country or State/province where you reside;

  • (iii) you will provide such other information or documents to verify your age as we require;

  • (iv) you are permitted by the laws of the country or State/province where you reside to access the Platform to use any functionality provided by it, including viewing any User Content available; and

  • (v) if you do not meet these requirements, you must not access the Platform. Subs forbids all persons who do not meet these requirements from accessing the Platform.

5.5. Subs is compliant with the Online Safety Act 2023 and other applicable laws on online safety. User Content is moderated in accordance with these Terms and our Policies.

5.6. User Certifications: By registering with Subs, you warrant (which means you make a legally enforceable promise) that:

  • 5.6.1. all account registration, profile information, and content you provide is your own information and the content is complete, truthful, and accurate;

  • 5.6.2. you are fully responsible for any and all activities that occur on your account, and that you will log out of your account at the end of each session;

  • 5.6.3. you will use particular caution when accessing your account from a public or shared computer so that others are not able to access, view, or record your password or other personal information;

  • 5.6.4. you are responsible for keeping your login details confidential and secure, and you will immediately notify us at support@subs.com if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security;

  • 5.6.5. you will not use, attempt to access, or ask for the information or login credentials for any other User’s account;

  • 5.6.6. you are principally responsible for your account and agree to safeguard your login credentials from any unauthorised use. You agree that we are not responsible for any misuse of your account if you share your credentials with a third party such as a manager or agency, and you release Subs from any liability arising from such third party access. You understand and agree that if you provide your account credentials to a third party, that you will remain solely responsible to Subs for any activity that occurs by or through your account;

  • 5.6.7. if you previously had an account with Subs, your previous account was not suspended or terminated by Subs for violation of these Terms;

  • 5.6.8. you will not use any unauthorised third-party payment processors to accept payments for subscriptions, or any other service, via Subs;

  • 5.6.9. you register on Subs for your own personal use and you will not sell, rent, or transfer your account or any User Content obtained from your use of Subs to any third party; and

  • 5.6.10. if you are using Subs on behalf of a business or other entity, you are authorised to grant all the licences stipulated in these Terms and that you are authorised to bind the business or other entity to these Terms.

  • 5.6.11. if you work with an Agent that is your choice and you recognise the Agent will have access to and visibility of your dealings with Subs. If the Agent posts User Content you remain liable to Subs. To the extent the Agent is at fault you are obliged to seek redress or remedy direct from the Agent.

5.7. Deactivation: If you wish to deactivate your Subs account, you may select this option in your account settings.

5.8. Inactive Status: If you do not log into your Subs account for one (1) year (twelve (12) consecutive months), your account will become "inactive." If your account is inactive, we will send you notice and updates by email.

5.9. For more information on your utilisation of Subs, please read and review our Acceptable Use Policy.

6. CONTENT ON SUBS

6.1. You acknowledge that you are aware that some of the User Content on Subs contains adult material, and you agree to take this into account when deciding where to access and view User Content. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing User Content containing adult material in a way which places you in breach of any contract you have with a third party (for example, your employment contract) or in breach of any applicable law. Subs only allow User Content of consenting adults for consenting adults on the Platform.

6.1A. Sexually Explicit Content on the Platform (Prohibition). Subs permit certain adult content on the Platform, subject at all times to these Terms and the Policies. However, Sexually Explicit Content shall not be posted, published, uploaded, shared or otherwise made available by Users in the following forms:

  • Public posts: User Content on the Platform which is available to the general public, is not behind a paywall and is accessible to the public without the payment of a subscription or other fee (“Public Posts”);

  • Follower posts: User Content on the Platform which is available to Users who follow the applicable Creator, is not behind a paywall and is accessible only to such Creator’s followers without the payment of a subscription or other fee (“Follower Posts”); and

  • Subscriber posts: User Content on the Platform which is available only to Subscribers of a Creator who have paid a subscription fee that is (i) tied to such Creator’s general account (and not an individual posting thereon), and (ii) available to be paid and subscribed to by the general public (“Subscriber Posts”).

Where User Content is otherwise permitted on the Platform, Subs may choose to move or reclassify the User Content or cause for it to be made available elsewhere on the Platform in accordance with the Terms and our Policies instead of suspending or removing such User Content. This may include requiring a User to move, reclassify, replace or change the visibility of such User Content, changing or restricting such User Content’s visibility or removing it from being accessible by the public.

Nothing in this clause requires Subs to retain, move or reclassify User Content. Subs may remove User Content entirely or take action against a User account where appropriate under these Terms and the Policies.

This prohibition does not apply to, in each case whether or not a fee is paid or charged:

  • (i) any Platform functionality relating to direct, group or broadcast messages which can be sent or shared via the Platform (including but not limited to, pay-per-view User Content, Calls, paid private content that is made available other than as a Subscriber Post); and

  • (ii) any other User Content which does not appear in a Creator’s main home page, postings or feed.

6.1B. Sharing Content to Third-Party Services. Where a Creator can share, syndicate or automatically publish User Content to third-party services, the restrictions set out in clause 6.1A, apply solely to Sexually Explicit Content on the Platform.

Sexually Explicit Content made available on third party platforms by Creators through the use of Platform functionalities are not subject to the restrictions set out in clause 6.1A, other than compliance with

  • (i) the terms, policies and content restrictions of that third-party service;

  • (ii) any age, sensitivity, labelling or visibility controls required by that third-party service; and

  • (iii) all applicable laws and regulations.

Creators must ensure the User Content they share or publish to a third-party service complies with those requirements.

6.2. No Illegal Material: Subs prohibit illegal or harmful material from being shared on the Platform. For more information, please visit our Acceptable Use Policy.

6.3. If you see any User Content that may be in breach of these Terms and our Policies, including any depiction (whether real, simulated or not) of sexual exploitation and abuse of children within the Platform, please promptly report this to Subs at compliance@subs.com or by using the “Report” button on the Platform.

Please include with your report all appropriate evidence, including the date and time of identification. Subs will promptly investigate all reports and take appropriate action. Subs fully cooperate with any law-enforcement agency investigating child sexual abuse materials.

6.4. User Content on Subs.

  • 6.4.1. We do not own the User Content made available on the Platform and the views expressed by Users on the Platform do not represent the views of Subs. All User Content transactions and interactions on the Platform are between Users and at no point does Subs become a party to any transaction or interaction between Users. User Content is provided to you as is. You may access User Content for your information and personal use solely as intended through the functionality of Subs and as permitted under these Terms, including under any applicable Viewing Licence under clause 10.4.

  • 6.4.2. We do not authorise or approve User Content on the Platform prior to it being made available to Users. The views expressed by Users on the Platform do not represent the views of Subs. User Content may be viewed by individuals that recognise your identity. We will not in any way be responsible to you if you are identified from your User Content.

  • 6.4.3. All User Content is created, selected, and provided by Users and not by us. Whilst we do review and moderate User Content (see clause 8 for more information), we do not select or modify the User Content that is stored or transmitted via the Platform.

  • 6.4.4. You acknowledge that once your User Content is posted on Subs, we cannot control and will not be responsible to you for the use which other Users or third parties make of such User Content.

  • 6.4.5. You can delete your account at any time, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your User Content which may have been recorded by other Users in breach of the Terms or by third parties prior to the deletion of your account.

  • 6.4.6. You warrant (which means that you make a legally enforceable promise to us) that for each item of User Content which you post, display, upload or publish on Subs:

  • (i) the User Content complies in full with the Terms and our Policies;

  • (ii) you either own your User Content (and all Intellectual Property Rights in it) or have a valid licence to exploit such User Content;

  • (iii) if your User Content includes or uses any third-party material, you have secured all rights, licences, written consents and releases that are necessary for the use of such third-party material in your User Content and for the subsequent use and exploitation of that User Content on the Platform;

  • (iv) the User Content is of satisfactory quality, taking account of any description of the User Content, the price, and all other relevant circumstances including any statement o representation which you make about the nature of the User Content on your account; and

  • (v) you agree that you will be liable to us and indemnify us if any of these warranties from (i) to (iv) are untrue. This means you will be responsible for any loss or damage we suffer as a result of any such warranty being untrue.

  • 6.4.7. It is our policy to suspend access to any User Content you post on the Platform which we become aware of that may not comply with the Terms (see clauses 7 and 9 for more information) and/or any applicable law whilst we investigate the suspected non-compliance or unlawfulness of such User Content. If we suspend access to any of your User Content, we will inform you of the suspension and advise we are investigating the User Content via email within 48 hours. Following our investigation of the suspected non-compliance or unlawfulness of the relevant User Content, we may take any action we consider appropriate, including to reinstate access to the User Content or to permanently remove or disable access to the relevant User Content without needing to obtain any consent from you and without giving you prior notice. If we permanently remove or disable access to the User Content we will inform you of our decision and the reasons for this via email within 48 hours. You may request a review of our decision to permanently remove or disable access to the relevant User Content by contacting us at compliance@subs.com.

  • 6.4.8. You agree that you will at your own cost promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to your User Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of your User Content under this clause.

  • 6.4.9. If we suspend access to or delete any of your User Content, we will notify you via email or electronic message through the Platform, but we are not obligated to give you prior notice of such removal or suspension.

6.5. Collaborative Content: If you are a Creator, you understand and agree that you may share content that depicts other third parties, provided:

  • 6.5.1. you tag each depicted Creator in the User Content or otherwise identify the third party and provide Subs with requested documentation confirming age, identity, and consent to publication of the User Content on the Platform;

  • 6.5.2. you have obtained and will maintain government-issued identification documentation confirming that each Creator depicted in your content is at least eighteen (18) years of age;

  • 6.5.3. you have obtained and will maintain written documentation confirming that each Creator depicted in your User Content has provided his or her express, prior and fully informed consent to (i) being depicted in such content, and (ii) the content being publicly distributed on Subs;

  • 6.5.4. you will provide this written documentation of consent to us promptly upon request by us for such documentation;

6.6. You further understand and agree that we may refrain from publicly distributing any Collaborative Content until all depicted Creators or third parties have confirmed their identity and consent to being depicted and distributed.

  • 6.6.1. If any Collaborative Content is a work of joint authorship, you are solely responsible for obtaining any required licences or consents from any other joint authors of the Collaborative Content which are sufficient to permit such Collaborative Content to be uploaded to and made available on the Platform.

  • 6.6.2. You agree that we will only arrange for Creator Earnings to be paid to the account of the Creator to which the Collaborative Content is uploaded. You are solely responsible for segregating, dividing, and distributing any revenue generated from any Collaborative Content. Any such revenue sharing arrangement shall be governed solely by an independent, private agreement between you and other third parties. We are not responsible for enforcing any such agreements. You agree to release us, and hold us harmless, from any and all claims arising from Collaborative Content. You further agree that any claim arising from Collaborative Content shall be asserted only against the parties participating or appearing therein, and not against us.

6.7. You further represent and warrant that you have obtained all licences, consents, and releases necessary to upload and/or monetise Collaborative Content, including from any joint authors and persons whose image, voice, name, or likeness appears. You will indemnify and hold us harmless from any claim alleging infringement of Intellectual Property Rights, violation of image or publicity rights, privacy violations, or breach of confidentiality arising from Collaborative Content, including any revenue sharing disputes between you and third parties.

7. PROHIBITED USES ON SUBS

7.1. You agree that you will only use the Platform for purposes expressly permitted and contemplated by these Terms and our Acceptable Use Policy. You may not use Subs for any other purposes without our express prior written consent. Non-compliance with our Acceptable Use Policy is a breach of these Terms.

7.2. Registered Sex Offender: You agree that if you are, or are required to be, a registered sex offender in any jurisdiction, you may not use the Platform. Upon being categorised as a registered sex offender, you agree to immediately notify Subs at support@subs.com to facilitate the closure of your account.

7.3. No Prostitution or Sex Trafficking: The solicitation, promotion, and facilitation of prostitution and trafficking are strictly prohibited on the Platform and in breach of our Acceptable Use Policy. If you engage in such activity, whether on the Platform or by posting links to external websites that promote or facilitate such illegal activity, we may, without warning or notice, delete or suspend your account without refund and/or paying out Creator Earnings or any funds associated with your account at the time of the offence or deletion.

7.4. Violations of Acceptable Use Policy: Engaging in action that is in violation of the Acceptable Use Policy is a breach of these Terms and may result in the immediate suspension or termination of your account without notice. If you are in breach of these Terms and our Acceptable Use Policy, we may, without warning or notice:

  • 7.4.1. delete or suspend your account;

  • 7.4.2. forfeit or suspend payment of any revenue, payments to Creators or Creator Earnings;

  • 7.4.3. refund some or all such revenue or Creator Earnings to other Users who are affected by such breach.

7.5. Legal Remedies: We may pursue legal remedies or other appropriate actions against you if you are in breach of these Terms and our Policies or conduct any unauthorised use of the Platform. This may include civil, criminal, or injunctive relief, and cancellation of your User account. Any unauthorised use of the Platform or our computer systems violates these Terms, our Acceptable Use Policy and certain international, foreign, and domestic laws.

7.6. Additional Prohibited Uses for Creators: Creators must act in the best interests of Subs at all times, whether on the Platform, on third-party websites, or offline. If you are a Creator and violate the additional prohibited uses outlined in clause 7 of the Acceptable Use Policy or any other provisions of these Terms, we may suspend or delete your account, permanently ban you from the Platform, and/or withhold or forfeit your Creator Earnings or funds associated with your account in accordance with these Terms.

7.7. Acceptable Use Policy: By accessing the Platform, you agree to adhere to our Acceptable Use Policy. For more information, please visit https://subs.com/acceptable-use-policy.

8. MODERATION

8.1. Moderation by Subs: We want all of our Users to be safe when using our Platform. We take our obligations to protect Users from any illegal or harmful content seriously. We make use of proactive and reactive technologies and processes to ensure all User Content is moderated in line with the applicable laws and our Acceptable Use Policy. For more information on how we moderate User Content, please visit our Content Moderation Policy at https://subs.com/content-removal-policy.

8.2. Suspension of User Content: User Content identified by our moderation technologies and processes as being in breach of these Terms or our Acceptable Use Policy may be suspended from the Platform with or without notice until it is reviewed by our Moderation Team. Our Moderation Team will take action in accordance with our Content Moderation Policy.

8.3. Notification to Users and Further Action: If we suspend access to any of your User Content, we will inform you of the suspension in accordance with our Content Moderation Policy. We may then take further actions as appropriate which includes reinstating access or removal of the User Content.

8.4. Content Suspension or Deletion: If we suspend access to or delete any of your User Content as a result of the moderation process under this Section or the Content Moderation Policy, we will use our best efforts to notify you via email or electronic message through the Platform. We are not obligated to give you prior notice of such removal or suspension.

8.5. Reports and Complaints: If you see any User Content that may be in breach of these Terms or our Acceptable Use Policy, please contact us at compliance@subs.com or by using the “Report” button on the Platform. For more details on our reporting and complaints procedure, please refer to clause 9 of these Terms below and please refer to our Complaints Policy at https://subs.com/complaints-policy.

8.6. Review of Decision: You may wish to submit a review of decision where your User Content has been subjected to moderation by Subs. You can do so by following the process set out in our Content Moderation Policy.

8.7. Misuse of Blocking and Reporting Functions: We monitor the use of blocking and reporting functions on the Platform, any abuse or misuse of such functions is a breach of these Terms and our Acceptable Use Policy.

8.8. Content in Breach of Terms of Use and Acceptable Use Policy: Any User Content that is illegal or is deemed to breach these Terms or our Acceptable Use Policy will be permanently removed from the Platform. Any Creator Earnings and payment from Subscriber Posts associated with removed content may be withheld subject to these Terms.

8.9. UK User Rights in Content Moderation: If you are a User in the United Kingdom, you are entitled to bring a claim for breach of contract if our moderation, removal, suspension or termination of your User Content and/or User account is in breach of these Terms.

9. REPORTING CONTENT OR SUBMITTING A COMPLAINT

9.1. Subs is committed to promptly resolving, in good faith, all reports, complaints and appeals.

9.2. If you are aware of any content on Subs or any User engaging in activities in violation of these Terms or our Policies, you can either:

  • 9.2.1. email us at compliance@subs.com with as much detail as possible, including a link or the location where we may find them, the username of the individual engaging in suspicious activities, the date and time of identification, the reason we should remove the objectionable content or investigate the activities (e.g., underage material, non-consensual content, personal information, impersonation, trademark infringement, spam, prostitution or trafficking, weapons, drugs, etc.), any additional details (including whether you are depicted in the content, whether you agreed to the recording of the content, and whether you agreed to the publication of the content on Subs.), and a statement certifying the accuracy of the information you provided to us; or

  • 9.2.2. report the content directly on the Platform using the “Report” Button.

9.3. DMCA. Complaints regarding copyright infringement must be submitted to our DMCA Team via email, and we will respond to copyright infringement complaints. Please send all Notices of Claimed Infringement to dmca@subs.com.

9.4. Complaint Reference Number. Every complaint will be allocated a reference number so that complaints can be located easily, and all follow up communications should reference this number so the complaint can be easily identified.

9.5. Refund requests. Email support@subs.com within 14 days of the transaction and include the details set out in clause 11.7.

9.6. Chargebacks & payment disputes. Before initiating a chargeback, email support@subs.com with your order details and reason so we can investigate and attempt to resolve the issue. See clause11.10.

9.7. If you are a Creator, you must report all Creator User Content made available by you which is in breach of these Terms and our Policies. We may consider you complicit in any breach of these Terms or our Policies as being knowledgeable of suspicious of such breaching but having failed to report it.

9.8. We intend to operate our reporting system as efficiently and quickly as possible in a fair and reasonable manner. We strive to resolve reports within five (5) business days and provide clear guidelines to prevent issues from recurring, unless there is a serious risk of harm or illegal activity where we will strive to respond to the report within 72 hours. If a violation has occurred, we will determine the appropriate remedy and take the necessary action. Any content deemed to be illegal is removed immediately.

9.9. We will not take action against other Users for activity that happens on another platform or offline. We may suggest that you block the other User to prevent further interactions between you and the reported User.

9.10. Law Enforcement: We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any User in breach of these Terms, in accordance with our privacy policies, subpoena compliance policies, and applicable law or regulation. If your activity results in Subs receiving a subpoena, discovery request, production order, or court order that causes Subs to incur expenses, court costs, or legal fees for compliance, you agree to reimburse us for any such expenses, costs or legal fees upon our request.

9.11. Reports to the NCA: In accordance with our duties as the service provider, we have systems in place to provide reports of all detected and unreported child sexual abuse material on the Platform to the National Crime Agency (“NCA”).

9.12. Appeals from abuse takedowns can be sent to compliance@subs.com with a written description of the basis for the appeal. Our escalation team are equipped to deal with appeals.

10. INTELLECTUAL PROPERTY

10.1. Except as expressly licensed by the applicable party under these Terms, nothing in these Terms grants any User any right, title or interest in or to any User Content Uploaded by another User or to any Intellectual Property Rights subsisting in such User Content. All rights not expressly granted are reserved by the relevant User or Subs, as appropriate.

10.2. Intellectual Property Rights relating User Content:

  • 10.2.1. You represent and warrant that you are the sole owner of, or otherwise have all necessary rights, licences, consents, permissions, and releases in respect of the User Content Uploaded to the Platform by your User account profile and to grant the licences set out in these Terms, in all territories in which the Platform is accessible.

  • 10.2.2. By Uploading any User Content, you grant us a licence under all Intellectual Property Rights in your User Content to use, host, store, reproduce, copy, distribute, transmit, communicate to the public, display, perform, adapt, modify, translate, format, create derivative works from, and otherwise exploit such User Content, for any purpose reasonably related with the operation, improvement, promotion, protection, enforcement, and monetisation of the Platform, in any media now known or later developed. You also grant us a worldwide, royalty free licence to use your name, image, voice, likeness, and biographical information as incorporated in User Content for the purposes described in this clause 10.2.2, to the extent permitted by applicable law.

  • 10.2.3. The licence which you grant to us under clause 10.2.2 above is perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully sublicensable, assignable and transferable, including as part of any merger, reorganisation, sale of assets, or transfer of the Company or the Platform. The licence survives termination or suspension of your account or your use of the Platform for any reason.

  • 10.2.4. You authorise us, at our discretion and without obligation, to act in our own name or on your behalf to prevent, investigate, pursue, settle, or enforce any infringement or unauthorised use of your User Content. This includes, but is not limited to, issuing takedown notices, cease-and-desist demands, or initiating legal proceedings. You agree that if we request, you will provide us with all information and assistance which we reasonably need to submit notifications of infringement on your behalf. By agreeing to these Terms, you appoint us as your agent for the purpose of enforcing your rights in User Content, including sending notices and pursuing or settling claims relating to infringement or unauthorised use, and acknowledge that Subs has no obligation to take any action.

  • 10.2.5. We are the sole and exclusive owners of any and all anonymised, aggregated, or derived data generated by your use of the Platform and we may use such data for any purpose, without restriction.

  • 10.2.6. To the fullest extent permitted by applicable law, you irrevocably waive any and all moral rights or similar rights in your User Content, including any right to object to modification, adaptation, or derogatory treatment of such User Content, to the extent necessary for Subs to exercise its rights under these Terms.

  • 10.2.7. You will provide copies of any necessary releases, licences, permissions, or ownership documents to us at our request. You remain solely responsible for your User Content and for all consequences arising from its Upload to the Platform.

  • 10.2.8. If you provide ideas, suggestions, or feedback about the Platform, you assign to us all right, title, and interest in this and, to the extent an assignment is not effective, grant us a perpetual, irrevocable, worldwide, royalty free licence to use and exploit your ideas, suggestions, or feedback without obligation to attribute or compensate you.

10.3. Intellectual Property Rights relating to Subs:

  • 10.3.1. Other than User Content, the Platform and all underlying software, code, databases, algorithms, interfaces, designs, layouts, text, graphics, images, audio, video, interactive features, and functionality are owned by us or our licensors, and are protected by Intellectual Property Rights. No right, title, or interest in or to the Platform is transferred to any User. All rights not expressly granted are reserved by Subs.

  • 10.3.2. You must not copy, adapt, reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, scrape, crawl, reverse engineer, decompile, disassemble, or otherwise exploit any part of the Platform, except as expressly permitted by these Terms or by mandatory law.

  • 10.3.3. Our name, logos, branding, designs, product and service names, and all related trade dress are trade marks or trade names are ours or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Platform are the trade marks of their respective owners.

  • 10.3.4. You may link to our Platform in a lawful and non-misleading manner that does not imply endorsement or affiliation. Creators, must not represent themselves as agents of, or officially endorsed by us. Use of paid search advertising or keyword bidding using our name, trade marks, or branding to promote User accounts is prohibited without our prior written approval.

  • 10.3.5. No licence, right, or interest is granted by implication, estoppel, or otherwise, except as expressly set out in these Terms. Any unauthorised use of Intellectual Property Rights may result in immediate suspension or termination of access to the Platform and the pursuit of all available legal remedies.

10.4. Viewing Licence:

  • 10.4.1. Upon a User obtaining Viewing Access, the applicable Creator, grants the User a limited, non exclusive, non transferable, non sublicensable, revocable licence to access and view the relevant User Content, solely via the Platform for the duration of the Viewing Access, for the Subscriber’s personal, non commercial use, and strictly in accordance with these Terms (the “Viewing Licence”).

  • 10.4.2. The Viewing Licence does not permit downloading, copying, storing, reproducing, distributing, sharing, retransmitting, publicly performing or displaying, making available, selling, licensing, or creating derivative works from any User Content, except where a download function is expressly enabled by the Platform for that item of User Content.

  • 10.4.3. The Viewing Licence automatically terminates when the applicable Viewing Access ends or if the User breaches these Terms. Termination does not affect any rights or remedies available to the Creator or Subs in respect of any prior breach.

  • 10.4.4. For clarity, no ownership or other Intellectual Property Rights in User Content are transferred to the Users. All rights not expressly granted in this clause 10.4 are reserved by the Creator.

  • 10.4.5. Calls and livestreams constitute User Content for the purposes of the Viewing Licence and may not be recorded, captured, or reproduced by Users unless expressly permitted by the Platform and by all participants in compliance with applicable law and these Terms.

11. SUBSCRIPTIONS AND PURCHASING CONTENT

11.1. Purchasing Subscriptions: Subscribers who have added a valid payment method to their account may subscribe to a Creator’s content by clicking the “Subscribe” button on the Creator’s profile. If you purchase a subscription, you hereby authorise Subs and our subsidiary companies to automatically charge the payment method on file on the first day of each billing period for the relevant subscription in a recurring manner until you cancel your subscription. This means that you must turn off auto-renew for the relevant creator if you would like to stop subscribing to that Creator’s profile and paying continued subscription charges.

11.2. Wallets / Wallet Credits

  • 11.2.1. Wallets / Wallet Credits: We may allow you to pre-pay funds into a Wallet to use for subscriptions, PPV and tips. Wallet balances are subject to a maximum limit set by us. Purchases cannot be split between Wallet Credits and another payment method. If an attempted purchase exceeds your Wallet balance, we may charge your listed payment method for the full amount.

  • 11.2.2. Non-refundability: Funds added to a Wallet are non-refundable (you are not entitled to a refund of unused Wallet Credits), to the fullest extent permitted by law. Wallet funds do not expire, except if your account remains inactive for more than twelve (12) months. In such cases, we will notify you in advance before taking any action.

  • 11.2.3. Errors & duplicate top-ups: If a technical error results in duplicate or incorrect Wallet Credit purchases, you must contact customer support within fourteen (14) days to request a correction or refund. We will review such requests and may grant adjustments at our sole and absolute discretion. For the avoidance of doubt, the thirty (30) day window in 11.9 (Billing Errors) does not apply to Wallet Credit top-ups, which are subject to this 14-day period.

  • 11.2.4. Integrity & monitoring: We may review Wallet activity (including transaction metadata and automated fraud-prevention signals) to protect Users and the Platform, in line with our Privacy Policy and Cookies Policy.

11.3. Cancelling Subscriptions: Subscribers who have purchased a subscription may cancel any subscription at any time by turning off the “Auto-Renew” indicator located under the relevant Creator profile. If you cancel a subscription, you understand and agree that you will not receive a refund, and you will be able to continue to access the Creator’s content until the end of the existing billing period, at which time you will lose access to the content and not be re-billed.

You may block another User; however, you will immediately lose access to that User’s content if you do so, and you will not receive a refund or credit for any remaining days in your current subscription period.

If you are blocked by another User to whom you have subscribed, you may lose access to that User’s content, and we reserve the right, in our sole and absolute discretion, to determine whether you will be issued any refund or credit for the remaining days in your current subscription period.

Notwithstanding the foregoing, clause 11.3A applies where a Creator blocks a Subscriber without legitimate grounds.

11.3A. Blocking by Creators during active paid periods. Creators may block Subscribers at any time for any reason permitted under these Terms. “Legitimate grounds under these Terms” include, without limitation:

  • (i) a Subscriber’s breach of the Acceptable Use Policy (e.g., harassment, deception, or other prohibited behaviour);

  • (ii) credible safety concerns, including risks to the Creator or other Users;

  • (iii) fraud, chargeback risk, or other payment abuse;

  • (iv) compliance with applicable law, regulation, or enforcement requests;

  • (v) actions required under our Content Moderation Policy (including proactive moderation decisions).

Where a Creator blocks a Subscriber during an active paid subscription without legitimate grounds, any earnings attributable to the unused portion of that subscription will be forfeited and the Subscriber will be refunded for that unused portion (prorata for the remaining days of the current subscription period).

Monitoring & data use. We may monitor and review blocking activity (including account and transaction metadata, complaint history, and automated risk signals) to detect misuse and ensure compliance with these Terms. Such monitoring is carried out in line with our Privacy Policy—including our legitimate interests in platform integrity, fraud prevention and administration, and any legal obligations—and may rely on essential cookies/service logs as described in our Cookies Policy.

Review path. Subscribers who believe a block occurred without legitimate grounds may request a review under our Complaints Policy. Reviews will follow the timelines and processes set out there.

11.4. Subscriptions Cancelled by Subs: If your payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you on the next billing period, we may immediately revoke your access to any paid service you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, we may cancel your subscription.

11.5. Purchases and Tips: Subscribers who have added a valid payment method to their account may, in some instances, purchase Creator’s content a la carte or tip the Creator by clicking the “Purchase,” “Tip,” or some similar button on or near the Creator’s content. If you purchase content a la carte or tip a Creator, you hereby authorise us to automatically charge the payment method on file for the content.

11.5A. Tips. Tips are voluntary payments made by Subscribers to Creators. Once a tip has been processed, it is final and non-refundable to the fullest extent permitted by applicable law.

11.5B. Pay-Per-View (“PPV”) User Content. PPV content is available for a one-time fee, as displayed at the point of purchase. Once a User has accessed PPV content, the purchase is final and non-refundable to the fullest extent permitted by applicable law.

For PPV purchases, see §11.7.3 regarding refunds only where content is removed before a reasonable opportunity to view; otherwise PPV purchases are final once accessed.

11.5C. By purchasing digital content or services on Subs, you acknowledge and expressly consent that performance begins immediately upon purchase. You further acknowledge that you thereby lose your statutory right to cancel once access to the content or service has begun. This waiver does not affect your other legal rights under these Terms, including eligibility for refunds in cases of technical error, duplicate charges, or fraud, as set out in §11.7.

11.6. Payment Processing: Subs is not a financial institution and does not provide banking services. We rely on third-party payment processors to facilitate transactions and we comply with applicable financial regulations. Payments may be subject to currency conversion fees imposed by financial institutions. Subs is not responsible for fluctuations in exchange rates or any additional charges applied by banks or card issuers.

Users acknowledge and agree that our platform relies on third-party payment processors to facilitate transactions. You authorise us to supply your payment card details to third party payment processors for purposes of processing payments on our platform. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we and our subsidiary companies will not be responsible for paying any charges or fees imposed by your payment card provider or bank. In the event that our payment processors experience technical issues or delays in processing payments, Users may experience delays in receiving funds. While we will make reasonable efforts to mitigate such issues and find alternative solutions, Users understand and agree that there may be instances beyond our control. Therefore, we disclaim any liability for delayed payments or issues arising from the performance or failure of our payment provider(s).

11.7. Refunds and Credits. Ordinarily, all purchases and fees associated with a User’s account are final and non-refundable. However, we may issue refunds in the following limited circumstances: (a) Duplicate charges; (b) Technical issues preventing access to purchased content; (c) Verified fraudulent transactions.

  • 11.7.1. Time limits and methods. Refund requests must be submitted within fourteen (14) days of the original transaction. Approved refunds will be processed within seven to ten (7–10) business days and returned to the original payment method used for the transaction.

  • 11.7.2. Removed Paid Content. If paid content is removed by the Creator before the end of the subscriber’s paid access period or before a subscriber has had a reasonable opportunity to view it, we may refund or credit the subscriber and deduct the amount from the Creator’s current or future earnings (see §12.7.5). “Reasonable opportunity” will be determined by Subs based on the circumstances and our Content Moderation Policy.

  • 11.7.3. PPV content removed before viewing opportunity. When a subscriber purchases pay-per-view (PPV) content, the Creator grants the subscriber a licence to view that content via the Platform. If PPV content is removed before the subscriber has had a reasonable opportunity to view it, Subs may, in its sole discretion, issue a refund or credit. Any refund will be deducted from the Creator’s account balance or withheld earnings (see §12.7.5).

  • 11.7.4. How to request a refund. Email support@subs.com within 14 days of purchase and include: (i) order details (transaction ID, date, amount, Creator name), (ii) reason for the request, and (iii) supporting evidence (e.g., screenshots or error messages). We aim to review within 7 business days and will communicate our decision by email.

  • 11.7.5. Investigations and data use. We may review account and transaction metadata and consult our payment partners to verify duplicate billing, access failures or fraud. Such processing is carried out in line with our Privacy Policy (including our legitimate interests in platform integrity and fraud prevention) and may rely on essential cookies/service logs as described in our Cookies Policy.

For the avoidance of doubt, 11.5A (Tips), 11.5B (PPV) and 11.2 (Wallet Credits) are non-refundable as stated in those clauses.

11.8. Taxes Related to Purchases: If Subs any of our subsidiary companies is required to collect or pay any taxes in connection with your purchase of a paid service, those taxes will be charged to you at the time of each purchase transaction. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and/or use of a paid service. These taxes may include duties, customs fees, value-added tax, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.

11.9. Billing Errors: If you believe that Subs or any of our subsidiary companies has charged you in error, you must notify Subs in writing no later than thirty (30) days after you receive the billing statement in which the error first appeared. If you fail to notify Subs in writing of a dispute within this thirty (30) day period, you waive any right to dispute the charges. You must submit any billing disputes by email to support@subs.com and include a detailed statement describing the nature and amount of the disputed charges. Subs or any of our subsidiary companies will correct any mistakes in a bill and add or credit them against your future payments. (For Wallet Credit top-ups, see 11.2, which sets a 14-day notification period.)

11.10. Chargebacks & Payment Disputes. You agree not to initiate a chargeback or payment dispute without first contacting support@subs.com to allow us to investigate and attempt to resolve the issue. If you initiate a chargeback, we may, in our sole discretion, suspend or terminate your account and take any necessary legal action to recover amounts owed. If a chargeback or payment dispute is found to be fraudulent or abusive, you may forfeit access to all previously purchased content, Wallet Credits, and your account. If you believe a chargeback was made in error, you must contact support@subs.com to request a resolution. We may review account and transaction metadata and consult our payment partners to investigate chargebacks, in line with our Privacy Policy, and may rely on essential cookies/service logs as described in our Cookies Policy.

11.11. Content availability obligations for Creators. When you sell access to content (including subscriptions, pay-per-view (PPV) content, tips in exchange for content, or any other paid content), you must maintain access to that content for the full duration of the subscriber’s paid access period, unless removal is required by law, under these Terms, or as directed by Subs.

If you delete, hide, or otherwise remove paid content from your account during an active subscription period, or before a subscriber has had a reasonable opportunity to access purchased PPV content, without an accepted legal or policy reason, this will be treated as a breach of these Terms.

Consequences. In the event of such a breach, Subs may: (a) suspend or terminate your account; (b) withhold or forfeit any part of your earnings relating to the removed content; and (c) refund or credit affected subscribers, in accordance with §11.7 and §12.7 (and any related provisions in §7.3).

11.12. Live Calls.

  • 11.12.1. Overview. The Platform may offer functionality for real-time audio or video calls (“Calls”) between Creators and Subscribers. Calls are User Content for the purposes of these Terms.

  • 11.12.2. Recording or capturing any part of a Call by users in any form is prohibited unless all parties expressly consent and such recording complies with applicable law and these Terms.

  • 11.12.3. Wallet top-up. To initiate a Call, Subscribers must have sufficient funds in their Subs wallet (see §11.2) and will be charged on a per-minute basis. Calls will not connect/might end if there are insufficient funds.

  • 11.12.4. Technical requirements. Both parties are responsible for ensuring: (a) a reliable internet connection; (b) a functioning device with working camera/microphone (as applicable); and (c) any software/browser settings required for the Call feature. Subs is not responsible for interruptions, failures, or poor quality caused by a User’s device, settings, or connection.

  • 11.12.5. Refunds. All Calls are non-refundable. Refunds will not be issued for missed Calls, early disconnections, or poor quality caused by a User’s device or connection. Refunds may only be issued at Subs’ sole discretion in exceptional circumstances, consistent with §11.7.

  • 11.12.6. Scheduling. Subs does not operate a booking system for Calls. Calls may only take place at a time mutually agreed between the Creator and Subscriber. Subs is not responsible for missed Calls or scheduling disputes.

  • 11.12.7. Conduct during Calls. All rules in §7 (Prohibited Uses) apply to Calls. Without limitation, the following are prohibited: (a) sharing personal contact details or directing users to communicate or transact off-Platform; (b) illegal or harmful activity; (c) conduct that breaches any other clause of these Terms. Subs may suspend or terminate accounts that engage in prohibited conduct during Calls, with or without notice, and may withhold earnings related to such conduct in accordance with §12.7.

  • 11.12.8. Automated Monitoring. Video calls on the Platform may be subject to automated monitoring systems designed to detect potential violations of these Terms and applicable law. Where a call is flagged by automated systems, it may be referred for manual review by our compliance team.

  • 11.12.9. Termination of Calls. We reserve the right to interrupt or terminate any video call at any time if our automated systems or compliance team flag the session for suspected violation of these Terms or applicable law. Such termination may occur without prior notice.

11.13. AI-Assisted Messaging (AI Manager).

  • 11.13.1. Creators may enable AI-Assisted Messaging, which uses AI to draft, suggest and/or send direct messages, and to offer content for sale, on the Creator's behalf. The Creator may set the feature to suggest messages for the Creator to review and send, or to send messages automatically. A Creator may take over any conversation personally at any time.

  • 11.13.2. Disclosure. Where a Creator has enabled automatic sending, we will indicate within the relevant conversation that messages may be AI-generated or AI-assisted on the Creator's behalf. By sending or receiving messages on the Platform, you acknowledge that messages from a Creator who has enabled this feature may be generated, drafted or sent by AI rather than written personally by the Creator, and that any decision to purchase content, tip or subscribe may be made in response to such messages.

  • 11.13.3. Creator authorisation and responsibility. If you enable this feature, you authorise us to operate the AI on your behalf, including to send messages and offer your content for sale. You remain fully and personally responsible under §5.6 for all messages and offers sent from your account, whether written by you, drafted with AI, or sent automatically by the AI, as if sent personally. You are responsible for configuring and maintaining the AI's boundaries.

  • 11.13.4. Limits. The AI operates within the boundaries you configure and does not generate sexually explicit content. All messages sent using the feature are subject to §7 and the Acceptable Use Policy in the same way as messages written personally.

  • 11.13.5. No guarantee. The feature is a tool. Consistent with §12.1 and §14.1.1, we make no guarantee as to any earnings, response or outcome from its use.

  • 11.13.6. Data. Our processing of message content to provide the feature is described in the Privacy Policy. As set out in §1.3, messages on the Platform are not confidential.

12. EARNINGS ON SUBS

12.1. We make no promises or guarantees of any kind that Creators or Referring Creators will make a particular sum of money (or any money) from their use of the Platform.

12.2. If the Creator has agreed to pay a Management Fee to the Agent then this will deducted by Subs and paid to the Agent. Should the Creator dispute this the Creator’s recourse is to the Agent and not Subs.

12.3. Creator Earnings: Subject to the Referral Programme, we charge a fee to Creators of twenty per cent (20%) of all payments made by Subscribers to Creators (exclusive of any VAT element of the payment made by Subscribers). The remaining eighty per cent (80%) (exclusive of any VAT element of the payment made by Subscribers) is payable to Creators. Our fee includes the costs of providing, maintaining and operating the Platform and storing your User Content. Our fee is deducted from the payment made by Subscribers, and Creator earnings are then paid to Creators. However, we may deduct from such revenue any monies earned on subscriptions, sales, or tips that resulted in a chargeback, or any monies earned on subscriptions, sales, or tips related to content that violates these Terms. Creators are responsible for ensuring the accuracy of the bank details provided for payouts. Failure to provide accurate bank details may result in delayed or lost payments, for which Subs takes no responsibility. Creator earnings are only available for withdrawal when they have cleared the pending balance and are reflected in the available balance. Additionally, the available balance must meet the minimum withdrawal of $50.00 (USD) before any withdrawal can be processed. Payouts may be subject to a processing period of up to seven (7) business days, including any compliance reviews and the timelines of our third-party payment processors. Chargebacks & payment disputes (creator responsibility). You remain responsible for all chargebacks and payment disputes relating to your transactions on Subs, even after your account is closed. We may recover these amounts by set-off against current or future earnings, by withholding payouts under §12.7, by invoicing you directly, and/or by legal means.

12.4. We can change the third-party payment providers used to process payments on Subs without notifying you. Except for payout options by direct bank transfer, we do not store the data you disclose when you register your Payout Options with a payment provider; such data is handled by our third-party payout processors in accordance with our Privacy Policy.

12.5. Although we facilitate dealings between Subscribers and Creators by providing the Platform and storing User Content, we are not involved in any dealings or any other contract which may exist between a Subscriber and Creator. Creators are solely responsible for determining (within the parameters for pricing on the Platform) the pricing applicable to Subscribers viewing User Content. All prices appear in USD only. Payments by Subscribers are exclusive of VAT, which shall be added at the current rate as applicable to such payments. You agree that you will indemnify us for any breach by you of any contractual agreement between Subscriber and Creator (which means that you will be responsible for any loss or damage (including loss of profit) we suffer as a result of you failing to comply with your obligations under such contract).

12.6. Trials: Creators may offer trials to Users that are not subscribed to their content. If you purchase a trial, you will receive access to that Creator’s content at a discounted rate for the duration of the trial period. At the end of the applicable trial period, you will be charged the full price of the subscription at the beginning of each subscription period, until you cancel your subscription. To avoid any further charges, you must cancel before the end of the trial period.

12.7. Withholding Creator Earnings:

  • 12.7.1. We do not allow our platform to be used to allow the distribution of illegal or harmful material. If we believe that:

  • (i) you have or may have seriously or repeatedly breached any part of the Terms;

  • (ii) you have attempted or threatened to breach any part of the Terms in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or

  • (iii) all or any part of the Creator earnings result from unlawful or fraudulent activity, either by you or by the Subscriber who made the payment resulting in the Creator earnings,

we reserve the right to withhold all or any part of the Creator earnings due to you but not yet paid out for as long as is necessary to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable).

  • 12.7.2. If following our investigation, we conclude that:

  • (i) you have seriously or repeatedly breached any part of the Terms;

  • (ii) you have attempted or threatened to breach any part of the Terms in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or

  • (iii) the Creator earnings result from unlawful or fraudulent activity, we may notify you that you have forfeited your Creator earnings.

  • 12.7.3. We may also withhold all or any part of the Creator earnings due to you but not yet paid out if we receive notice that you have secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on Creator earnings. We undertake no duty to pay Creator earnings to third-party lienholders and may withhold payment of Creator earnings until the lien has been removed. We shall not have any responsibility to you if we withhold or forfeit any of your Creator earnings where we have a right to do so under these Terms. If we are withholding all or any part of the Creator earnings due to you and we determine that part of the Creator earnings withheld by us is unrelated to breaches by you of the Terms or suspected unlawful or fraudulent activity, then we may arrange for you to be paid the part of the Creator earnings which we determine to be unrelated to breaches by you of the Terms or suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of the Terms has or may cause us loss, we may withhold all Creator earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us. If once we have finished our investigation we determine that Creator earnings are forfeited, we will (unless prohibited by law) use our best efforts to ensure that any payments from Subscribers which resulted in forfeited Creator earnings are returned to the relevant Subscribers who made such payments.

  • 12.7.4. Suspension of your User account: If we suspend your User account in accordance with our rights under the Terms, then any payments which would otherwise have fallen due during the period of suspension of your User account will be suspended during the period of the suspension of your User account.

  • 12.7.5. Refunds for removed or inaccessible content. If we issue a refund or credit under §11.7.2 or §11.7.3, we may deduct the corresponding amount from the Creator’s current or future earnings or withhold payment of such earnings.

  • 12.7.6. If we determine a Creator used the blocking function to deprive a Subscriber of access during an active paid period without legitimate grounds, we may forfeit the corresponding Creator earnings and return payments to the Subscriber under 11.3A.

13. TERMINATION

13.1. We reserve the right in our sole discretion to terminate your agreement with us and your access to Subs for any reason by giving you 30 days’ written notice by email or electronic message to your Subs account. We can also suspend access to your User account or terminate your agreement with us and your access to Subs immediately and without prior notice:

  • 13.1.1. if we think that you have or may have seriously or repeatedly breached any part of the Terms, or if you attempt or threaten to breach any part of the Terms in a way which has or could have serious consequences for us or another User; or

  • 13.1.2. if you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of Subs.

13.2. If we suspend access to your User account or terminate your agreement with us and your access to Subs we will let you know and give you a written statement of reasons (unless prevented by law from doing so). If you wish to appeal this decision you can do so in accordance with the measures set out in clause 9 of these Terms.

13.3. Upon termination of your account, we may deal with your User Content in any appropriate manner (including by deleting it) and you will no longer be entitled to access your User Content. There is no technical facility on the Platform for you to be able to access your User Content following termination of your account.

13.3A. By closing your account, you acknowledge and agree that you will permanently lose access to all paid and/or active content associated with your account, without entitlement to any refund for unused access periods, wallet balances, or previously purchased content.

13.4. We can investigate any suspected or alleged misuse, abuse, or unlawful use of the Platform and cooperate with law enforcement agencies in such investigation.

We can disclose any information or records in our possession or control about your use of Subs to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, to protect our rights or legal interests, or in response to legal process.

14. LIABILITY

14.1. Matters we are not responsible for:

We will use reasonable care and skill in providing Subs to you, but there are certain things which we are not responsible for, which include the following:

  • 14.1.1. The materials which we make accessible on Subs for Users are for general information only. We make no promises or guarantees about the accuracy or otherwise of such materials, or that Users will achieve any particular result or outcome from using such materials.

  • 14.1.2. We do not promise that Subs is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access Subs. You should use your own virus protection software.

  • 14.1.3. We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of Subs.

  • 14.1.4. While we try to make sure that Subs is secure and free from bugs and viruses, we cannot promise that it will be and have no control over the User Content that is supplied by Creators.

  • 14.1.5. We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorised activities or resulting unauthorised payments or withdrawals of funds.

  • 14.1.6. Links to Third-Party Websites: Subs may contain links to third-party websites and resources, including in advertisements and sponsored links. These links are provided for your convenience only. We have no control over the contents of third-party websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked on the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

14.2. Responsibility for any loss or damage: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and fraud or fraudulent misrepresentation.

  • 14.2.1. Non-Business Users: Users who are not Business Users may rely on mandatory provisions in law that applies to them, nothing in these Terms will affect consumer rights to rely on mandatory provisions of applicable laws.

  • 14.2.2. As a User who is not a Business User, you agree that:

  • (i) Subs, any of our subsidiary companies and our respective officers, directors, employees, owners, representatives and agents shall not be liable for any commercial or business-related losses you may suffer, including lost profits, revenue, business, business opportunities, business interruptions or anticipated savings, in connection with your use of the Platform.

  • (ii) If you are residing in the United States of America, our aggregate liability for any claim arising under these Terms shall not exceed US$250 per claim.

  • 14.2.3. Business Users: As a Business User, you agree that Subs, any of our subsidiary companies and our respective officers, directors, employees, owners, representatives and agents:

  • (i) exclude (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to Subs or any User Content. This means that if these Terms do not expressly include a promise or commitment by us, then one cannot be implied by law.

  • (ii) are not responsible for any loss or damage that is not a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to these Terms, both we and you knew it might happen.

  • (iii) are not liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with: (a) your inability to use the Platform or any of its services, features or programs; or (b) your use of or reliance on any data or information (including User Content) on the Platform.

  • (iv) are not liable to you for any loss of profits, sales, business, or revenue, business interruption, anticipated savings, business opportunity, goodwill or reputation, data or information (including User Content), or indirect or consequential loss or damage.

  • (v) are not liable to you if your User Content is copied, distributed, reposted elsewhere or its copyright is infringed.

  • (vi) are not liable to you for any disclosure of your identity, or any disclosure or publication of your personal information by other Users or third parties without your consent (also known as “doxing”).

  • 14.2.4. Our total liability to you as a Business User for any and all claims arising out of or related to your agreement with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to the greater of:

  • (i) 100% of the payments paid by you to us in connection with your use of the Platform;

  • (ii) 100% of the Creator Earnings received by you from us in connection with your use of the Platform, notwithstanding any withheld or returned Creator Earnings under these Terms; or

  • (iii) US$5,000.

14.3. If you use the Platform to transmit any broadcast or video content or to live stream (Transmission) then you do so voluntarily and at your own risk. Accordingly, you:

  • 14.3.1. recognise that the Transmission maybe unlawfully or illegally intercepted and used by third parties;

  • 14.3.2. accept that you have no control over how the recipients with whom you have chosen to share the Transmission may use the Transmission;

  • 14.3.3. are aware that a third party may illegally record, store, and/or republish the Transmission, or any portion thereof, on the Internet or other media;

  • 14.3.4. acknowledge that any Transmission will contain special category data pertaining to you and others;

  • 14.3.5. understand that any provider of such technology is an independent provider (and data controller) and you need to make all enquiry as to the provider’s bona fides and practices and its use of the personal data comprised in the Transmission;

  • 14.3.6. voluntarily assume all risks associated with the release of the Transmission and you release Subs from any and all claims including but not limited to invasion of privacy, defamation, and/or intellectual property infringement.

15. MISCELLANEOUS

15.1. Assignment and Delegation: Our rights and obligations under your agreement with us can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate the performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations. You will not assign your rights or delegate your performance under this agreement without Subs’s advanced written consent. Any attempted assignment of rights or delegation of performance in breach of this clause is void.

15.2. No Waivers: If we fail to enforce any aspect of your agreement with us, it will not be a waiver.

15.3. Severability: If any aspect of your agreement with us is unenforceable, the rest will remain in effect.

15.4. Notice to Subs: You may send notice to Subs by email at enquries@subs.com unless a specific email address is set out for giving notice. Subs will consider an email notice received by Subs only when its server sends a return message to you acknowledging receipt. Subs may change its contact information on one or more occasions by posting the change on Subs. Please check Subs for the most current information for sending notice.

15.5. Notice to You: You consent to receiving any notice from Subs in electronic form either (1) by email to the last known email address Subs has for you, (2) a notification on your account, or (3) by posting the notice on a place on Subs chosen for this purpose. Subs will consider notices sent to you by email received when its email service shows transmission to your email address. You state that any email address you gave Subs for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email you receive.

15.6. No Third-Party Beneficiaries: Your agreement with us does not give rights to any third parties under the Contracts (Rights of Third Parties) Act 1999.

15.7. Relationship of the Parties: These Terms do not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties and the parties expressly disclaim the existence of any of these relationships between them. Neither of the parties is the agent for the other, and neither party has the right to bind the other on any agreement with a third party.

15.8. Successors and Assigns: These Terms inure to the benefit of, and are binding on, the parties and their respective successors and assigns.

15.9. Reservation of Rights: We reserve all rights not expressly granted to you.

15.10. Contact: You should direct all feedback, comments, requests for technical support, and other communications relating to Subs to support@subs.com

15.11. Legal Proceedings and Claims: Non-compliance with any requirement of this clause 15.11 constitutes a material breach of these Terms.

  • 15.11.1. Time Limitation on Claims: To the extent permitted by applicable law, any legal action or claim against us or any of our subsidiary companies must be commenced within one (1) year from, the earlier of: (a) the date the claim arose; or (b) the date you became aware, or reasonably should have become aware, of the facts giving rise to the claim. Claims not brought within this period are deemed waived.

  • 15.11.2. Pre-Litigation Requirements: Prior to initiating any legal proceedings or pre-action protocol, you agree to provide us with written notice at enquiries@subs.com and, upon our request, participate in good faith mediation. Compliance with this requirement is a condition precedent to your use of the Platform.

  • 15.11.3. Service: Legal proceedings against Subs or any of our subsidiary companies must be served in accordance with applicable laws of the company, including but not limited laws in the United States and/or England and Wales. We do not accept alternative methods of service.

  • 15.11.4. Account Termination: We reserve the right to suspend or terminate your account and withhold funds in your User account and/or Creator Earnings in accordance with these Terms if you initiate or threaten to initiate legal proceedings against us or any of our subsidiary companies, where necessary to protect the integrity of the Platform and our Users.

15.12. Governing Law

  • 15.12.1. Non-Business Users: For Users who are not Business Users, This agreement, and any dispute or claim arising from or relating to it or your use of the Platform (including non-contractual matters), shall be governed by and construed in accordance with the laws of England and Wales, to the fullest extent permitted by the laws of your jurisdiction of residence. Any disputes under this Section shall be subject to the exclusive jurisdiction of the courts of England and Wales. Nothing in this clause shall deprive you of the protection afforded by mandatory provisions of the law of your country of residence.

  • 15.12.2. Business Users: For Business Users, this agreement shall be governed exclusively by the laws of England and Wales, without reference to principles of conflict of laws. Business Users irrevocably submit to the exclusive jurisdiction of the courts of England and Wales for any dispute or claim arising from or in connection with this agreement or your use of the Platform, including non-contractual matters. We both agree to the exclusive jurisdiction of the courts of England and Wales.

16. REFERRAL PROGRAM TERMS

16.1. Introduction

  • 16.1.1. These Referral Program Terms are additional terms that apply if you use the Referral Program. These Referral Program Terms form part of your agreement with us irrespective of whether you are an Agent or Creator.

16.2. Interpretation

  • 16.2.1. In these Referral Program Terms defined terms have the same meanings given to them in the User Terms. In addition:

  • "Agents" any third party who is not a user who pursuant to the Agents’ Terms introduces Creators to the Platform.

  • "Agents’ Terms" the terms to which the Agents are a party.

  • "Referral Program" the Subs’ Referral Program being the arrangements set out herein.

  • "Referrer" as the case maybe an Agent or Referring Creator.

  • "Referring Creator" a Creator who refers new Creators to Subs.

  • "Referred Creator" means any person who joins the Platform as a Creator (whether introduced by an Agent or Referring Creator) via the Referring Creator's unique referral link.

  • "subsPRO" as defined in the Agents’ Terms.

  • "User Terms" the terms to which the Creators are a party.

16.3. What is the Subs Referral Program?

  • 16.3.1. Subs offers a referral program by which Referrers can introduce people who are interested in becoming Creators to the Platform. The Referrer will receive referral payments from Subs which are calculated and limited as described in these Referral Program Terms.

  • 16.3.2. The Subs Referral Program is operated by Subco Group Limited (Subs). We are a limited company registered in England and Wales, with company registration number 14818102, and we have our registered office address at 6th Floor, Manfield House, 1 Southampton Street, London, England, WC2R 0LR.

16.4. The rules of the Subs Referral Program:

  • 16.4.1. Only active Creators can be a Referring Creator and participate in the Subs Referral Program. If a Creator’s account has been suspended or terminated by us for any reason or deleted by the Creator, that Creator will not be eligible to participate in the Subs Referral Program.

  • 16.4.2. Referring Creators will need to add the bank account on the User account page on the Platform as registered in the Creator’s name.

  • 16.4.3. Agents can participate as Referrers if pursuant to the Agents’ Terms the Agent has been admitted by Subs and any payments will be made to the Agents’ bank account as detailed on subsPRO.

  • 16.4.4. Each Referrer has a unique referral link which can be accessed via the Referrer’s account that may only be shared with bona fide connections and contacts known to the Referrer.

  • 16.4.5. The Referrer must not impersonate Subs or create the impression that the referral link is being shared or promoted by us.

  • 16.4.6. The use of Google Ads or any similar advertising platform or search engine advertising service to share or promote a Referrer’s unique referral link is strictly prohibited.

  • 16.4.7. Upon our request, the Referrer must disclose the methods used to share the referral link in the Bio/Website field of their Subs account. Payments may be withheld if the Referrer fails to cooperate with these requirements.

  • 16.4.8. The Referred Creator must click on the unique referral link and then register with Subs using the same browser that they used to click on the Referrer’s unique referral link. If someone registers with Subs other than by using the Referrer’s unique referral link, we will not link that account to your referral and no referral payments will be made to you.

  • 16.4.9. The Referred Creator must not have previously opened a user account with Subs, whether under the same name or another name, before clicking on your unique referral link. If the Referred Creator has ever been a user of Subs, whether as a Creator or Subscriber, no referral payments will be made to the Referrer for the referral, regardless of when and why they rejoin.

  • 16.4.10. If the Referred Creator sets up more than one user account, referral payments will be made to the Referrer on the earnings made by the Referred Creator from their first user account only. No referral payments will be made to a Referrer on a second user account set up by the Referred Creator.

  • 16.4.11. No referral payments will be made to any Referrer on any referral of a Referred Creator which we determine is owned or operated by the Referrer, or is in a commercial relationship with the Referrer. You will provide any information which we request to enable us to determine whether the Referred Creator is owned or operated by you or if there is a commercial relationship between you and the Referred Creator.

  • 16.4.12. You agree that when promoting Subs in any way as a Referrer:

  • 16.4.12.1. you will not give a false impression of Subs, the services, programs, and content made available through Subs, its users, or the User Terms; and

  • 16.4.12.2. you will not make any statements which suggest to a potential Creator that the potential Creator will make a particular sum of money (or any money) from their use of Subs, or any statements regarding the likely number of followers / subscribers.

  • 16.4.13. Each Referrer acknowledges that, as a Referrer, you are not an agent of Subs and do not have the authority to make representations on its behalf.

  • 16.4.14. No referral payments will be made under the Subs Referral Program in respect of any Creator (or prospective Creator) whose engagement with the Platform is governed, in whole or in part, by a direct written agreement with the Company (including, without limitation, any agreement providing for a minimum guarantee, fixed fee, equity, or other individually negotiated terms), unless the Company has expressly agreed in writing, in advance and signed by an authorised officer of the Company, that a named Referrer is entitled to referral payments in respect of that Creator.

16.5. Referral payments:

  • 16.5.1. How are referral payments calculated? Once a Referred Creator has become a registered Creator in accordance with the rules of the Subs Referral Program described above the Referrer will be paid a referral payment equal to five per cent (5%) of the gross Creator earnings generated by the Referred Creator in:

  • 16.5.1.1. (if a Referring Creator) the five years;

  • 16.5.1.2. (if an Agent) the seven years; after the date on which the Referred Creator becomes a registered Creator of Subs.

  • 16.5.2. In addition, the Referring Creator will be paid a referral payment equal to two and a half per cent (2.5%) of the gross earnings generated by any Creators referred by the Referred Creator (second-tier referrals) in the five years after the date on which the second-tier Referred Creator becomes a registered Creator.

  • 16.5.3. There is no cap on referral payments per Referred User.

16.6. VAT:

  • 16.6.1. If you are a Referring Creator, you should know that all referral payments payable to you by us will be inclusive of any VAT, which is or becomes chargeable on any supplies made by you.

16.7. Warning:

  • 16.7.1. In compliance with regulation 3 of the Trading Scheme Regulations 1997 (as amended) and section 120(1) of the Fair Trading Act 1973, please read the warning in clause 7.2 in respect of the Subs Referral Program.

  • 16.7.2. It is illegal for us or for a participant in the Subs Referral Program (including Referring Creators and Referred Creators) to persuade anyone to make a payment by promising benefits from getting others to join the Subs Referral Program. Do not be misled by claims that high earnings are easily achieved from participation in the Subs Referral Program.

16.8. How frequently are referral payments made?

  • 16.8.1. Unless the User Terms or Agents’ Terms state to the contrary referral income will be added to your Creator balance, along with your other earnings. Therefore, you can withdraw your referral income manually at any time, just like your other earnings. This means that there is no specific transfer date, and you have the flexibility to choose when to withdraw your combined earnings.

16.9. Who bears the cost of the referral payment?

  • 16.9.1. The cost of the referral payment is borne by us, not the Referred Creator.

16.10. Our rights relating to the referral program:

  • 16.10.1. If referral payments have been made incorrectly, then we have the right to recover the wrongly paid sums from the Referrer to whom the wrongly paid sums have been paid.".

  • 16.10.2. We may update or modify any aspect of the Subs Referral Program, including how referral payments are calculated, or discontinue the program entirely. However, once you join the Referral Program under specific terms, those terms will remain unchanged for you, even if we implement new terms for future users. Any changes will apply only to new users of the Referral Program and will not affect the terms of your participation. Additionally, no changes will affect referral payments you have already earned or your ongoing payments based on activities that occurred before the new terms take effect.

16.11. Circumstances in which we may withhold referral payments:

  • 16.11.1. We may withhold all or any part of the referral payments due to you but not yet paid out:

  • 16.11.1.1. if we think that you have or may have seriously or repeatedly breached any part of the User Terms or Agents’ Terms, including the Acceptable Use Policy

  • 16.11.1.2. if you attempt or threaten to breach any part of the User Terms in a way which has or could have serious consequences for us or another user (including actual or possible loss caused to us or another user); or

  • 16.11.1.3. if we suspect that all or any part of the referral payments due to you result from unlawful or fraudulent activity, either by you or anyone on your behalf including any payment to the Referred Creator which resulted in the referral payment, or by the Referred Creator to whom a payment was made then the Referrer shall on a full indemnity basis indemnify Subs from all or any loss, cost, expenses, penalties, damages howsoever incurred by Subs.

  • 16.11.2. This is without prejudice to any claim Subs may have, and the sums withheld will be to compensate for Sub’s loss and not be assessed as a penalty. The Referrers agree that Platform can only prosper if all users and Referrers are adhering to the agreed terms.

  • 16.11.3. We may withhold referral payments for as long as is necessary to investigate the actual, threatened, or suspected breach(es) by you or the suspected unlawful or fraudulent activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Agents’ Terms or User Terms; (ii) you have attempted or threatened to breach any part of the Agents’ Terms or User Terms in a way which has or could have serious consequences for us or another user (including actual or possible loss caused to us or another user), and/or (iii) all or any part of referral payments due to you result from unlawful or fraudulent activity, we may notify you that you have forfeited all or any part of your referral payments.

  • 16.11.4. We may also withhold referral payments made by Subs to Creators if the Referring Creator is a Creator.

  • 16.11.5. We shall not have any responsibility to you if we withhold or forfeit any payment due to you under the Subs Referral Program where we have a right to do so under these Referral Program Terms. If we are withholding all or any part of the referral payments due to you and we determine that part of the referral payments withheld by us is unrelated to breaches by you of the Agents’ Terms or User Terms or suspected unlawful or fraudulent activity, then we may arrange for you to be paid the part of the referral payments which is unrelated to breaches by you of the Agents’ Terms or User Terms or suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of the Agents’ Terms or User Terms has or may cause us loss, we may withhold all referral payments due to you but not yet paid, and we may set off such amounts against any losses suffered by us.

  • 16.11.6. In exceptional circumstances the provisions of this clause 11 can extend to other monies due from Subs to Referrers whether these are Agents’ management fees or payments die to Creators.

  • 16.11.7. The complaints process in the User Terms does not apply to these circumstances, and due to GDPR, we may not be able to disclose all details related to our investigations.

17. VAT & TAX POLICY

17.1. Tax:

  • 17.1.1. Subco Group Ltd (SGL), the owner of subs.com, operates in global markets and as such, where applicable, it complies with the local tax laws and regulations. Please note that SGL does not provide any tax advice and recommends that if it is thought appropriate, Creators and Subscribers consult with a tax lawyer.

17.2. Creators:

  • 17.2.1. All Creators are reminded that where appropriate, Subco Group Ltd (SGL), the owner of subs.com, pays VAT/Sales Tax on 100% of payments received from Subscribers. Further, Creators always receive 80% of these payments which are classified as their taxable turnover.

  • 17.2.2. Creators are responsible for their own tax filings and must pay any tax due on their earnings.

  • 17.2.3. SGL is not liable for any non payment of Creators taxes or compliance with the applicable local tax regulations.

  • 17.2.4. SGL may have to provide a Creator's local tax authority with their Tax ID prior to the payment of any of earnings.

  • 17.2.5. It is possible that SGL will be required to provide the appropriate local tax authority with details of Creator earnings and personal information. This would only be that which is strictly required by law.

17.3. VAT/Sales Tax for Creators:

  • 17.3.1. USA Creators: Creators who are resident in the USA and have withdrawn earnings of more than $600 during the relevant tax year are required to submit an IRS Form1099. This form can be downloaded directly from the platform by navigating to: Settings → Account Details → Withdrawal Information.

  • 17.3.2. UK Creators: UK Creators registered for VAT should provide SGL with their VAT number and confirm that they will be reporting their SGL income on their VAT returns. These Creators will be deemed to be receiving their earnings (80% of their Subscribers payments) plus VAT @ 20%. Their total VAT amount will be paid to them on a monthly basis as a separate payment on completion of our verification process. This will require the Creator to send proof of their VAT registration to vat@subs.com. SGL will produce a VAT statement which can be downloaded in order to support the Creator's own VAT return.

  • 17.3.3. EU Creators: SGL will collect the VAT on sales from their EU/UK based Subscribers and send this on a quarterly basis to the appropriate tax authorities. If Creators are registered for EU VAT please inform the local tax authority that content is sold on subs.com and that SGL will pay the required VAT.

  • 17.3.4. Non UK/EU Creators: Where appropriate, SGL will pay the appropriate Sales tax to the required authority and there is nothing for the Creators to do in this regard.

  • 17.3.5. All Creators: SGL recommends that you take professional advice to make certain that you are compliant with your local tax rules.

17.4. Subscribers:

  • 17.4.1. All Subscribers are reminded that where appropriate Subco Group Ltd (SGL), the owner of subs.com, pays VAT/Sales Tax on 100% of payments received from Subscribers.

  • 17.4.2. Any tax applied is clearly identified at the time of the payment.

17.5. Contact Information:

  • 17.5.1. Subs.com is owned and operated by Subco Group Ltd, a limited company registered in England and Wales, with company registration number 14818102, and its registered office is at 6th Floor, Manfield House, 1 Southampton Street, London, WC2R 0LR. If you have questions about this document, please contact support@subs.com.