Terms of Service

Last Updated: 23 September 2024

Contents

About Subs
About these Terms
Changes to these Terms and Subs
Definitions
Accounts on Subs
Content on Subs
Prohibited Uses on Subs
Moderation
Reporting Content or Submitting a Complaint
Intellectual Property
Subscriptions and purchasing content
Earnings on Subs
Termination
Liability
Miscellaneous
Referral Program Terms

1. About Subs

1.1. Subco Group Ltd, a UK limited company with registration number 1481802 and registered address at 6th Floor, Manﬁeld House, 1 Southampton Street, London, England, WC2R 0LR (“Company”), owns and operates subs.com (“Subs”) and all aﬃliated websites and mobile versions. Subs is a social media platform (“Platform”) that allows creators to upload photos and videos to their proﬁle and set prices for access to that content (“Creator(s)”) and allows subscribers to pay to access that content (“Subscriber(s)”). The term “User” refers to all users of the Platform, whether Creators or Subscribers or both.

1.2. 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. You should not use the Platform to send or receive messages you only intend the sender and named recipients to read.

1.3. To contact us with any questions about Subs, please email our support team at [email protected]. If you are unable to contact us by email, please write to us at the following address: 6th Floor, Manﬁeld House, 1 Southampton Street, London, England, WC2R 0LR.

2. About these Terms

2.1. Entire Agreement: These Terms and the policy regarding the Subs Referral Programme and the Acceptable Use Policy 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 with Subs 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 Subs, you also agree to abide by our Acceptable Use Policy. Please read and review thoroughly for more information. Adherence of the Acceptable Use Policy is a condition of these Terms.

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:

4.1. Acceptable Use Policy: the separate policy which is part of these Terms governing all User’s use of the platform.

4.2. User: the term “User” refers to all users of the Platform, of all types

4.3. Creator: Users who upload photos and videos to their proﬁle and set prices for access to that content.

4.4. Subscriber: Users who access the content of Creators, whether through following for free, paying for pay-per-view content, or a monthly subscription.

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

4.6. 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.

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

4.8. User Content: Media uploaded by Users on the Platform.

4.9. Collaborative Content: Content that depicts third parties.

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

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

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

5. Accounts on Subs

5.1. Subscribers: To register and create an account with Subs as a Subscriber, 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, you will need to add a valid payment method. Subs 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, the business account must also be legally owned by you. Additionally, you will need to submit any additional legal information as required. Your 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: Only individuals can be Creators. 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:

5.4.1. you are 18 years old or over;

5.4.2. 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;

5.4.3. you will provide such other information or documents to verify your age as we require;

5.4.4. 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.

5.4.5. 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. Subs verifies the age of Users and the bonafides of all Users. User Content is moderated and Subs welcomes Users being engaged.

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 [email protected] 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 allows visual media of consenting adults for consenting adults on the Platform.

6.2. No Illegal Material: Subs prohibits illegal or harmful material from being shared on the Platform. This includes content involving (i) child sexual exploitation and abuse (“CSEA”), (ii) grooming, and (iii) child sexual abuse material (“CSAM”) including image based CSAM or the sharing of URLs displaying CSAM. More detail about illegal material prohibited on Subs can be found at clause 7 and what to do if you come across illegal material can be found at clause 9.

6.3. If you see any visual media, real or simulated, depicting the sexual exploitation and abuse of minors within the Platform, please promptly report this to Subs at [email protected]. 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 cooperates with any law-enforcement agency investigating CSAM.

6.4. User Content on Subs.

6.4.1. We do not own the media uploaded by Users on the Platform (“User Content”) 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 provided functionality of Subs and as permitted under these Terms. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, licence, or otherwise exploit any User Content for any other purposes without the prior written consent of Subs or the respective licensors of the User Content.

6.4.2. We do not authorise or approve User Content on Subs, and views expressed by Creators or Subscribers on the Platform do not necessarily represent our views. Your 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,

(ii) you either own your User Content (and all intellectual property rights in it) or have a valid licence to your 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 property in your User Content and for the subsequent use and exploitation of that User Content on the Platform.

(iv) You agree that you will be liable to us and indemnify us if any of these warranties is 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 [email protected].

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 (“Collaborative Content”), provided:

6.5.1. you tag each depicted Creator in the 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.

7. Prohibited Uses on Subs

7.1. You agree that you will only use Subs for purposes expressly permitted and contemplated by these Terms. You may not use Subs for any other purposes without our express prior written consent. Without our express prior written authorisation, you will not:

7.1.1. use Subs in any way that is violative of any applicable law, regulation, or treaty of any applicable governmental body, including but not limited to:

(i) laws prohibiting sex traﬃcking and promotion or facilitation of prostitution;

(ii) intellectual property right laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property right, including making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content, deleting intellectual property right indications and notices, or otherwise manipulating identiﬁers in order to disguise the origin of content you post, share, or upload;

(iii) laws against obscene, lewd, defamatory, or libellous speech; and

(iv) laws protecting conﬁdentiality, privacy rights, publicity rights, or data protection.

7.1.2. download any content unless a “download” or similar button is displayed in relation to that content.

7.1.3. fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.

7.1.4. access Subs if you are, or are required to be, a registered sex offender in any jurisdiction.

7.1.5. post, upload, or share content that is harmful, inaccurate, threatening, abusive, vulgar, violent, indecent, harassing, menacing, scandalous, inﬂammatory, blasphemous, racially or ethnically offensive, likely to cause annoyance, intimidation, alarm, embarrassment, distress, discomfort, or inconvenience, otherwise objectionable, or any content that, in the Subs’s sole discretion, is otherwise inappropriate.

7.1.6. post, upload, or share content that is considered harmful, threatening, abusive, or offensive by the reasonable man/person to an objective standard. “Reasonable” in this context and “man” as a legal term considers the views and morality as set by the majority of Creators or Users of all genders within the community and not the reasonable bystander in the street. Usual use may incorporate items and content of which some users may ﬁnd offensive or objectionable, but that is not illegal in the jurisdiction of the Creator. Harmful content would be considered items that do not comply with residing law enforcement, cause undue distress to persons represented in the content, or shared without their consent.

7.1.7. post, upload, or share any content containing hate speech, including (1) any content (including stereotypes and symbols) posted to Subs with the intent to vilify, humiliate, dehumanise, or incite hatred or fear against a group or individual based upon race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity and expression, sexual orientation, age, disability, serious disease, or veteran status (“Protected Characteristics”), (2) statements of inferiority or calls for exclusion or segregation based on Protected Characteristic, and (3) any deliberately false material that causes harm to a person of a Protected Characteristic; but excluding self-referential or empowering uses with no intent to vilify, humiliate, or incite hatred or fear against a group or individual based on these categories.

7.1.8. post, upload, or share content that depicts, advertises, promotes, encourages, facilitates, or solicits (real, simulated, or implied):

(i) child sexual abuse material or sexual activity involving anyone under 18 years of age; ~

(ii) incest;

(iii) bestiality;

(iv) violence, kidnapping, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, weapons (unless obviously fake), asphyxiation, extreme ﬁsting, or genital mutilation;

(v) necrophilia;

(vi) consumption of urine;

(vii) blood, scatological, vomit, excrement-related content or prolapsing;

(viii) age-play or suggestion of underage participants,

(ix) illegal prostitution, human traﬃcking or sexual exploitation of adults, whether explicitly or by use of any slang, acronyms, or abbreviations;

(x) “revenge porn” deﬁned as any content containing any individual who has not consented to that content;

(xi) illegal or illicit drugs;

(xii) suicide or self-harm;

(xiii) terrorism;

(xiv) harassment, stalking threats and abuse;

(xv) controlling or coercive behaviour;

(xvi) firearms or other weapons;

(xvii) any other illegal behaviour or behaviour that may be considered obscene under applicable law.

7.1.9. post, upload, or share content that advertises or solicits the sale or purchase of used articles of clothing.

7.1.10. post, upload, or share content depicting any person under eighteen (18) years old.

7.1.11. post, upload, or share content depicting any person without inspecting and maintaining written documentation suﬃcient to conﬁrm that all subjects of your submissions are in fact eighteen (18) years of age or older, including a written consent or release of each identiﬁable person in the submission to use their name or likeness and to enable inclusion and use of the submission in the manner contemplated by Subs.

7.1.12. post, upload or share AI-generated content or content altered, or enhanced by AI (including DeepFakes). Except in the case that it clearly features the veriﬁed Subs Creator and only that individual, and the user can tell that the content has been generated, altered, or enhanced by AI. It is recommended that users delineate content that has been generated, altered, or enhanced by AI by using the hashtag #ai in the caption.

7.1.13. post, upload, or share content with the intent to extort money or other beneﬁt from a third party in exchange for removal of the content.

7.1.14. post, upload, or share any content that utilises or promotes a sweepstake, lottery, or other regulated gaming or sales promotion tactics.

7.1.15. upload, or share any employment ads or content which violates anti-discrimination laws.

7.1.16. sell or purchase used or soiled clothing items.

7.1.17. post, upload, share, or collect the telephone numbers, street addresses, last names, email addresses, URLs, geographic location, or any other personal information about users or third parties without their consent, or, except as expressly authorised in these Terms, use the materials on Subs for any commercial use.

7.1.18. post, upload, or share your own street address or telephone number, except in the case of the address of a PO Box service.

7.1.19. use of graphic nudity in proﬁle avatars and banners.

7.1.20. impersonate another individual or entity, whether actual or ﬁctitious, without consent, falsely claim an aﬃliation with any individual or entity; access or attempt to access the accounts of others without permission; misrepresent the source, identity, or content of information transmitted on or through Subs; or perform any other similar fraudulent activity.

7.1.21. send unsolicited sexual content to another User or otherwise engage in nonconsensual sexual objectiﬁcation of another User.

7.1.22. use emojis, GIFs, or other media to communicate any activity that violates these Terms.

7.1.23. engage in antisocial, disruptive, or destructive behaviour, including “bombing,” “ﬂaming,” “spamming,” “ﬂooding,” “trolling,” and “grieﬁng” as those terms are commonly understood and used on the Internet, or engage in any other behaviour that serves no purpose other than to harass, annoy, or offend Users.

7.1.24. engage in platform manipulation, including utilising bots or other fraudulent means to artiﬁcially drive traﬃc to or inauthentically generate engagements with your account, or your content.

7.1.25. circumvent, disable, damage, intentionally misuse, or otherwise interfere with the operations of Subs, any User’s enjoyment of Subs, or any security-related features that prevent, limit, or restrict the use or copying of any materials or that enforces limitations on the use of Subs, by any means, including posting, linking to, uploading, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious codes, ﬁles, or programs designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.

7.1.26. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, except and only if that activity is expressly permitted by applicable law despite this limitation.

7.1.27. access or use any automated process (such as a robot, spider, scraper, or similar) to access Subs in violation of our robot exclusion headers or to scrape all or a substantial part of Subs (other than in connection with bona ﬁde search engine indexing or as Subs may otherwise expressly permit).

7.1.28. modify, adapt, translate, or create derivative works based on Subs or any part thereof, except and only if applicable law expressly permits that activity despite this limitation.

7.1.29. commercially exploit or make available Subs to third parties including any action or attempt to “frame” or “mirror” Subs.

7.1.30. take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.

7.1.31. attempt to do any of the acts described in this clause or assist or permit any person in engaging in any of the acts described in this clause.

7.2. No Prostitution or Sex Traﬃcking: The solicitation, promotion, and facilitation of prostitution and sex traﬃcking are strictly prohibited. If you engage in such activity, whether on Subs or by posting links to external websites that promote or facilitate prostitution or sex traﬃcking, we may delete your account without refunding and/or paying out any funds in your account at the time of the offence or deletion.

7.3. Violations of Prohibited Uses: Engaging in any Prohibited Use will be considered a breach of these Terms and may result in immediate suspension or termination of your account without notice, in our sole discretion. We reserve the right, but do not undertake the obligation, to forfeit payment of any revenue earned by Users that violate these Terms, and to refund some or all such revenue to other Users who are affected by such violation. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or any unauthorised use of Subs, including civil, criminal, or injunctive relief, and cancellation of your account. Any unauthorised use of Subs or our computer systems violates these Terms and certain international, foreign, and domestic laws.

7.4. Additional Prohibited Uses for Creators: Creators must act in the best interests of Subs at all times, whether on Subs, on third-party websites, or oﬄine. If you are a Creator and violate these additional Prohibited Uses for Creators or any other provision of these Terms, we may delete your account without payment and/or permanently ban you from Subs. If you are a Creator, you will not, without our express prior written authorization:

7.4.1. deceive users regarding the nature of any paid content;

7.4.2. attempt to defraud Subs or our Users (e.g., working together with a member or “hacker” to accept payment with stolen credit cards).

7.4.3. attempt to fraudulently pass off recorded content as a live stream.

7.4.4. fail to honour any lawful representation made to Subscribers in furtherance of selling your content.

7.4.5. record or broadcast nudity or sexual activity from any public place where members of the public are reasonably likely to see your content.

7.4.6. release the personal information of any other User of Subs or third party without that person’s consent.

7.4.7. solicit or accept payments for travel or in-person meetings for the purpose of engaging in sexual activity.

7.4.8. harass, disparage, defame, or otherwise interfere with Subs or our Users, nor misrepresent or make any false or misleading statements about the Platform.

7.5. By accessing Subs, you agree to adhere to our Acceptable Use Policy. Please read and review this document for more information.

8. Moderation

8.1. Moderation by Subs: We want all of our Users to be safe when using out platform. We take our obligations to protect Users from any illegal content seriously and so we use proactive moderation technology and a team of trusted moderators to review User Content in real-time. Our moderation technology scans all images, videos, and text for content that is in breach of our Acceptable Use Policy and content that is prohibited from Subs under clause 7 of these Terms. User Content that is flagged by our technology is suspended from Subs until it is reviewed by the moderation team. If the content is illegal, our moderation team may take steps it deems necessary to report such content to relevant organisations or law enforcement agencies as detailed in clause 9. Any content that is illegal or is deemed to breach these Terms or the Acceptable Use Policy will be permanently removed from the platform. Appeals to User content moderation decisions can be made in accordance with clause 9.

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 that violate these Terms, you can either:

9.2.1. email us at [email protected] 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 or

9.2.3. 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 [email protected].

9.2.4. 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.

9.3. If you are a Creator, you must report all violative content and suspicious activity to us. We may consider you complicit in any violative activity to which you were knowledgeable of suspicious activity but failed to report it.

9.4. 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 seven 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.

9.5. 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.

9.6. 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.

9.7. 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 CSAM content present on the service to the National Crime Agency (“NCA”).

9.8. Appeals from abuse takedowns can be sent to [email protected] with a written description of the basis for the appeal. Our escalation team are equipped to deal with appeals.

10. Intellectual Property

10.1. We do not grant you any rights in relation to a Creator’s User Content. Any such rights may only be granted to you by Creators.

10.2. Intellectual Property related to your User Content:

10.2.1. You conﬁrm that you own all intellectual property rights (such as copyright) in your User Content or that you have obtained all necessary rights to your User Content which are required to grant licences in respect of your User Content to us and to other Users. This includes any rights required to engage in the acts covered by clause 10.2.2 in any territory in which Subs is accessible and, in particular, in the United States of America, the United Kingdom and the European Union.

10.2.2. You agree to grant us a licence under all your User Content to perform any act restricted by any intellectual property right (including copyright) in such User Content, for any purpose reasonably related to the provision and operation of Subs. Such acts include to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your User Content, and otherwise deal in your User Content.

10.2.3. The licence which you grant to us under clause 10.2.2 above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This means that the licence will continue even after your agreement with us ends and you stop using the Platform, that we do not have to pay you for the licence, and that we can grant a sub-licence of your User Content to someone else or assign or transfer the licence to someone else. This licence will allow us, for example, to add stickers, text, and watermarks to your User Content, to make your User Content available to other Users, as well as to use your User Content for other normal operations of the Platform. We will never sell your User Content to other platforms, though we may sell or transfer any licence you grant to us in the Terms in the event of a sale of Subs or its assets to a third party.

10.2.4. Whilst we do not own your User Content, you grant us the limited right to submit notiﬁcations of infringement (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your User Content without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notiﬁcation to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of your User Content. You agree that if we request, you will provide us with all consents and other information which we reasonably need to submit notiﬁcations of infringement on your behalf.

10.2.5. We are the sole and exclusive owners of any and all anonymised data relating to your use of the Platform and such anonymised data can be used by us for any purpose, including for commercial, development and research purposes.

10.2.6. To the extent permitted by applicable law, you waive any moral rights which you may have under any applicable law to object to derogatory treatment of any User Content posted by you on Subs. This waiver does not affect in any way your ownership of any intellectual property rights in your User Content or the rights which you have to prevent your User Content from being copied without your permission. The waiver is intended to allow us when dealing with your User Content (as permitted by the licence which you give us in clause 10.2.4 above) to add watermarks, stickers or text to your User Content.

10.2.7. You will provide copies of any necessary releases, licences, or ownership documents to us at our request. You are solely responsible for your User Content and the consequences of posting your User Content to Subs.

10.3. Intellectual Property Rights relating to Subs:

10.3.1. Copyrights: Other than User Content, the Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform, except as follows:

(i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;

(ii) you may store ﬁles that are automatically cached by your Web browser for display enhancement purposes; and

Other than User Content, no right, title, or interest in or to the Platform or any content on Subs is transferred to you, and all rights not expressly granted are reserved by us. Any use of Subs not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms, your right to use or access the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

10.3.2. Trademarks: The Subs name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of 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 trademarks of their respective owners.

10.3.3. Links to Subs: You may link to our homepage on your third-party social media accounts, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. If you are a Creator, when promoting your Creator account you must comply with our Terms and the terms of service of any other website where you place a link to or otherwise promote your Creator account. When promoting your Creator account, you must not impersonate Subs or give the impression that your Creator account is being promoted by us if this is not the case. You must not promote your Subs account by using Google Ads or any similar advertising platform or search engine advertising service.

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: We may allow you to prepay an allotment of funds to be stored in your wallet and used for subscriptions, pay-per-view content, tips, and other purchases. However, you may not divide the cost of purchases between your wallet and payment cards. If an attempted purchase costs more than the amount of funds remaining in your wallet, we or our subsidiary companies may charge your listed payment card for the full amount of that purchase. Typically, funds stored in your wallet are non-refundable; however, we reserve the right to address refund requests related to wallet funds in our sole and absolute discretion.

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.

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.

11.6. Payment Processing: 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: Ordinarily, our standard policy is that purchases and/or fees associated with your account are ﬁnal and nonrefundable. However, we reserve the right to address any refund request and issue refunds in appropriate cases, within our sole discretion. If we consider that a chargeback or refund request was made by you in bad faith, we have the right to suspend or delete your User account.

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 [email protected] 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.

11.10. Chargebacks: If you make a purchase that results in a chargeback, we may immediately suspend or terminate your account.

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.

12.4. We can change the third-party payment providers used to process payments on Subs.

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.

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.

13.4. 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.

You agree that we will not be liable to you for any loss of proﬁt, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings suffered by you arising from or in connection with your use of the Platform.

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

15.2. 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.

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

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

15.5. Notice to Subs: You may send notice to Subs by email at [email protected] 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.

15.6. 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.

15.7. 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.

15.8. 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.

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

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

15.11. Contact: You should direct all feedback, comments, requests for technical support, and other communications relating to Subs to [email protected]

Referral Program Terms

1. Introduction

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.

2. Interpretation

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

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

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

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

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

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

2.1.6. "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.

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

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

3. What is the Subs Referral Program?

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.

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.

4. The rules of the Subs Referral Program:

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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

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

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 / fans.

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.

5. Referral payments:

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:

5.1.1. (if a Referring Creator) the five years;

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

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.

5.3. There is no cap on referral payments per Referred User.

6. VAT:

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.

7. Warning:

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.

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.

8. How frequently are referral payments made?

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.

9. Who bears the cost of the referral payment?

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

10. Our rights relating to the referral program:

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.

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.

11. Circumstances in which we may withhold referral payments:

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

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

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

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.

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.

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.

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

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.

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.

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.