Thank you for using our Platform!

We are Fannilla B.V. (Fannilla™). Our address is Blaak 34, 3011 TA in Rotterdam, the Netherlands. We are registered with the Chamber of Commerce (Kamer van Koophandel) under number 92142125.

Our online platform (the Platform) allows you to both upload your own Content and discover Content from others. Additionally, you can also utilize the Platform to buy or sell various Products, including but not limited to photos, videos, and clips. Content means any material uploaded to the Platform by any user and Product means every product sold on our Platform.

You can use our Platform as a Fan or Creator:
• •you are a Fan if you use our Platform to explore Content of others; or
• •you are a Creator if you use our Platform to upload and/or monetize your own Content or Products.

Whether you are a Fan or a Creator you can be a Consumer or a Business User:
• •you are a Consumer if you are a natural person who acts for purposes which are outside his/her trade, business, or profession; or
• •you are a Business User if you are not a Consumer.

The terms for all users always apply when you use the Platform. Next to these terms for all users, the following additional rules may apply to you. Together, we refer to all these terms as the Terms:

• •
  Terms for all users - applies to any user of the Platform;
• •
  Terms for Fans - applies to any user of the Platform;
• •
  Terms for Creators - applies if you are a Creator;
• •
  Purchase Agreement - applies to transactions between a Fan and Creator;
• •
  Acceptable Use Policy - applies to all users and tells you what you can and cannot do on Fannilla™;
• •
  Privacy Policy - applies to all users and explains how we use and protect your personal data;
• •
  Notice and Action Policy - explains how we deal with illegal and harmful content.

1. To use the Platform, you must create an account. You can choose to use your third-party account credentials (for example: Google, Twitter, Twitch) which will be used to create your Platform account. You can also sign up with your email address.
2. You can only make an account if:
• •you are at least 18 years old. We will verify your age. In some jurisdictions, a higher minimum age might be applicable. In such case, the higher minimum age applies;
• •the laws of the country or state where you are residing allows you to use Fannilla™ and view or upload Content
• •you use personal and accurate information. Do not impersonate someone else or choose offensive names.
• •you do not have an account already; and
• •your account has not been terminated or suspended by us before.
3. You are responsible for all activities on your account. Choose a unique and strong password and keep it strictly confidential. If someone is using your account without your permission report it immediately to abuse@fannilla.com

1. We have the right to deny or block your access to the Platform.
2. If we terminate your account, we give you a 30 days’ notice.
3. We may suspend or terminate your account immediately if (i) you have repeatedly violated the Terms or (ii) if we are legally obliged to terminate your account.
4. If we terminate your account, we have the right to delete all your Content. In that case, you have no longer access to your Content. You are responsible for your own back-ups.

1. You can delete your account through your account settings. We will disable your account for 30 days. If you do not log in to your account within these 30 days your account and Content will be permanently deleted and cannot be retrieved. You will not have access to any paid Subscriptions anymore.
2. If you are a Creator and you still have Fans with a Subscription to your account, your account will not be deleted until the last Subscription expires.

1. In short, everything that is not allowed in the ‘real world’ is also not allowed on the Platform (lying, abusing, selling dangerous products, hacking, infringing someone’s rights, child pornography etc.).
2. For an overview of everything that is and is not allowed we refer you to our Acceptable Use Policy which applies to your use of the Platform.
3. Fannilla™ is at all times entitled to file a criminal complaint for any offense committed through or by using the Platform.

1. You may link to our homepage or promote your Creator account via third party applications.
2. When linking to us, you may not damage our reputation, impersonate someone, or suggest that you have any kind of endorsement from us. You must not promote your Creator account by using Google Ads or any similar advertising platform or search engine advertising service.

We try our best to make the Platform the most enjoyable platform for all our users. However, there are some things that we cannot oversee and are therefore not responsible for:

Content and Products

• •we review user-uploaded Content before it is published on the Platform by using automated (AI-assisted) screening, and where needed, human moderation (including review of flagged or ambiguous content), to help ensure it is lawful and complies with our Terms, including our Acceptable Use Policy and Prohibited Content Policy.
  
  Content may be held in a “pending review” state and will not be visible to other users until it has passed screening; content flagged by automated checks or user reports is escalated for human review and enforcement action where appropriate.
• •we operate a pre-publication screening process and may also review Content after publication (for example, based on reports, complaints, or additional detection signals). We use automated tools and human review to enforce our Terms and applicable law.
• •we do not grant any intellectual property rights or licenses related to Content.
• •you are aware that the Platform contains adult material. We are not responsible if you breach applicable laws or contracts if you view Content on the Platform.
• •we are not responsible for what happens with your Content once uploaded on the Platform. We cannot control the use of your Content by other users. Please be aware of what you want and do not want to upload.

Relationship between users

• •you have no obligation to follow any comments or suggestions from other users. Doing so is at your own risk and responsibility
• •we do not become a party to an agreement or transaction between you and another user. We are therefore not responsible for the execution of an agreement between you and another user.

1. We will do our best to keep the Platform up and running 24 hours a day, 7 days a week. We are responsible for the availability and maintenance of the Platform.
2. During maintenance, the Platform can be (partly) unavailable.
3. We have the right to change the Platform. This includes changing, removing or adding certain features or functionalities of the Platform.
4. We do not guarantee that our Platform is completely free of errors. Please inform us immediately of any errors, bugs or malfunctioning via bugs@fannilla.com

1. We (or our licensors or suppliers) are the exclusive owners of all existing and future intellectual property rights related to our platform and services, excluding intellectual property rights on Content or Products of Creators.
2. We give you a personal, worldwide, non sub-licensable, non-exclusive, and non-transferable right to use our Platform and services, so you can share Content with your Fans.
3. You cannot claim any of our intellectual property rights and you are not allowed to share, sell or in any other way exploit the content related to our platform and services.
4. Please refer to Article 10 of the Creator Terms for the terms on intellectual property rights on your Content.

1. We respect your privacy. Please also respect the privacy of other users. We protect your personal data in accordance with the General Data Protection Regulation (GDPR). Please see our Privacy Policy for more information.
2. Please be aware that people on the Platform might recognize your identity through your Content, messages, or your account profile.
3. We give Creators an option to exclude IP-addresses from certain countries on their account. However, this option does not give a guarantee to protection of your identity.

1. We are sorry to hear that you have a complaint.
2. If you have another complaint (for example about our services) you can file a complaint to us via Notice and Action Policy.
3. If you have another complaint (for example about our services) you can file a complaint to us via help@fannilla.com .
4. If you are not satisfied with the way we handle a complaint and you are a Consumer residing in the European Union, Norway, Iceland, or Liechtenstein, you may seek redress through alternative dispute resolution (ADR) bodies in your country of residence. A list of certified ADR bodies in EU Member States is available at:https://consumer-redress.ec.europa.eu/dispute-resolution-bodies

1. We can remove Content or Products that are violating our Terms.
2. We can temporarily remove Content or Products that are allegedly violation our Terms, at our full discretion.
3. If we remove your Content or Products, we will always notify you of the removal. If you believe you are not violating the Terms, you can file a complaint. For more information, please see our Notice and Action Policy.

1. We try to build the best platform for you as possible, but we cannot promise it will always be perfect. We are not liable for any damages or adverse consequences caused by or relating to the following things:
• •your use of our Platform. All your actions you take on our Platform are for your own account and risk.
• •improper or unlawful use of the Platform.
• •the technical inaccessibility of the Platform.
• •circumstances caused by force majeure
• •your Content being copied, distributed or infringed by another user and
• •all things we are not responsible for as mentioned in Article 8.
2. In case we are liable, we are only liable for your direct damages, which are directly and exclusively the result of a shortcoming on our part. We are not liable for indirect damages, loss of profit, revenue or opportunity. If recovery is possible, it is at our sole discretion to proceed with recovery or pay damages.
3. Consumer: if you are a Consumer our liability is always limited to the greater of (i) 50% of your spendings on the Platform or (ii) your spendings in the last 3 months before your complaint to us.
4. Business User: if you are a Business User our liability is always limited to the greater of (i) 100% of Creator Fee, we have charged you or (ii) EUR 2,000.
5. The limitation period of all claims and defenses against us is 1 year after you became or should have become aware of the damages. After this period, all claims lapse and become null and void.
6. The limitations set out in this Article do not apply if damage is the result of an intentional act or gross negligence from our side.
7. You may be protected by mandatory consumer protection laws. These laws may overrule our terms. In that case, our liability is also determined by the consumer protection laws.

If you are a Business User you will indemnify and keep us indemnified for all claims by third parties such as, but not limited to, an intellectual property rights infringement, fines, costs, damages, etc. relating to your Content or your use of the Platform.

Explanation & ExampleIt can happen that you do something wrong, and someone sues us for it. For example, if you monetize Content that is not yours, you may infringe intellectual property rights of someone else. If that person sues us for infringement of its intellectual property rights, then we will forward this responsibility to you, and you are obliged to defend the claim yourself or reimburse our costs.

To maintain a lawful, respectful, and safe environment for all Users, Fannilla™ strictly prohibits the posting, sharing, or distribution of any material that falls within the categories listed below. Any violation may result in the immediate removal of content, suspension, or permanent termination of account access, and where required, notification of the appropriate authorities.

1. We always hope to work out any dispute you have with us amicably. If that does not work, you can file a claim to court. Please find below to which court you can bring a claim.
2. Consumers:
• •if you are resident of a member state of the European Union or Denmark then you can bring a claim in your home country or to the court of Amsterdam, the Netherlands.
• •if you are a resident outside of the European Union or Denmark, the court of Amsterdam, the Netherlands has exclusive jurisdiction to hear your case to the extent permitted by mandatory local (consumer) law.
3. Business Users: if you are a Business User, the court of Amsterdam, the Netherlands has exclusive jurisdiction.

1. The Terms and the use of the Platform are governed by the laws of the Netherlands. Notwithstanding this choice of law, a Consumer is entitled to the protection afforded to him by the mandatory law of his country of residence.
2. The invalidity or unenforceability of any provision the Terms will not affect the validity or enforceability of any other provision of the Terms. Any such invalid or unenforceable provision will be replaced by a provision that is considered to be valid and enforceable and which interpretation will be as close as possible to the intent of the invalid provision.
3. You are not allowed to assign or transfer any rights and obligations on account ofFannilla™ or the Terms without prior written approval of us. We do not need your consent if we want to transfer our rights or obligations to a third party.

This section applies to you if you are not a Creator.

1. The Terms and the use of the Platform are governed by the laws of the Netherlands. Notwithstanding this choice of law, a Consumer is entitled to the protection afforded to him by the mandatory law of his country of residence.
2. The Purchase Agreement is a binding agreement between you and the Creator. Fannilla™facilitates the Transactions and Purchase Agreement but is never a party to the Purchase Agreement.
3. You may tip Creators. Tips are donations and a voluntary contribution to support a Creator. Tips do not result in an obligation for a Creator. Tips are non-refundable.

1. The Terms and the use of the Platform are governed by the laws of the Netherlands. Notwithstanding this choice of law, a Consumer is entitled to the protection afforded to him by the mandatory law of his country of residence.
2. The Purchase Agreement is a binding agreement between you and the Creator. Fannilla™facilitates the Transactions and Purchase Agreement but is never a party to the Purchase Agreement.
3. You may tip Creators. Tips are donations and a voluntary contribution to support a Creator. Tips do not result in an obligation for a Creator. Tips are non-refundable.
4. Payments are processed through your preferred payment method (credit card, iDEAL, etc.) that is offered on our website. You cannot pay outside the offered payment methods.
5. Your payment card provider may charge you currency conversion or other fees. We do not have an influence or control on the fees charged.
6. If you request a charge back from your credit card company or other payment provider your access to the Platform may be suspended or terminated.

1. You can purchase credits on the Platform (Credits). Credits will only be sold in a bundle. You can use Credits to purchase Content or Products.
2. Credits are valid for 12 months after purchase, unused Credits will expire.
3. You are entitled to a refund of your Credits within 14 days after the purchase. You can ask for a refund in your wallet under latest transactions. Your right for a refund expires by using (part of) the Credits from your bundle.
Explanation & ExampleYou purchase your Credits in a bundle. If you use part of the bundle, you are not entitled to a refund. So, if you purchase a bundle of 10 Credits and you use 2 Credits, you are not entitled to a refund for your 8 unused Credits.

Please be aware that your payment for a Transaction may be non-refundable. This will be stipulated on purchase by the Creator.

1. You can subscribe to the Content of a Creator (Subscription).
2. The Creator can offer various subscription periods, such as per week, per month or per year (a Subscription Period).
3. Subscriptions will be automatically renewed for the same period each time at the end of the relevant Subscription Period unless you cancel the Subscription before the end of the Subscription Period.
4. If you cancel your Subscription, you will be able to view the Content until the end of your Subscription Period.
5. You can cancel your Subscription in your account settings.

1. If you suspect that Content is illegal (e.g. violence or child pornography) please report this to us immediately via abuse@fannilla.com . More information on how we information on how we deal with this can be found in our Notice and Action Policy.
2. A Creator only grants you a personal right to view the Content on the Platform. By exporting or extracting the Content (such as distributing screenshots of the Content) you are violating the intellectual property rights of the Creator.

1. This section applies if you are a Creator.
2. As a Creator, you are personally bound by these Terms and you are personally responsible for the Content uploaded from your profile, also if you work via an agency or other third party.

1. If you sell Content or Products to a Fan, it will constitute a Transaction. The terms of the Transaction will be established in a separate Purchase Agreement.
2. The Purchase Agreement is a binding agreement between you and the Fan. Fannilla™facilitates the Transactions and Purchase Agreement but is not a party to the Purchase Agreement.
3. We will send you an update if a Transaction is concluded. In that case, you must fulfil your part of the Transaction (e.g. shipping Products or granting access to Content). This is your responsibility, and you agree to indemnify Fannilla™ if we suffer damages because you did not comply with the Purchase Agreement.
4. You may receive tips from your Fans. Tips are voluntary donations and do not result in any obligation for you.

1. You determine the price of your Content or Products (the Sales Price).
2. All Sales Prices and tips are exclusive of applicable VAT or other taxes and shown in USD or in EUR.
3. We facilitate the payments relating to any Transaction (Fan Payment) via third party payment providers.
4. The Creator has the option to have all Fan Payments be transacted in USD.

1. We charge you a fee of 20% of the Sales Price for the use of Fannilla™ (the Creator Fee).

1. We work with third-party payment providers. All Fan Payments will be directly received by a third-party payment provider.
2. You are entitled to receive the remaining of the Fan Payment minus the Creator Fee (the Creator Earnings).
3. You can find an overview of your Creator Earnings in the ‘statement of earnings’ in your account.
4. You can set in your account the frequency to which you want to receive your Creator Earnings (weekly, bi-weekly, monthly). Pay-outs are made from a minimum amount of USD/EUR 200.
5. The Fan Payments and Creator Earnings are transacted in USD or EUR (depending on the countries of resident of the Fan and Creator and the preference of the Creator). It is not possible to change to other currencies. Your bank may charge you currency conversion or other fees. We do not have an influence or control on the fees charged.
6. Your Creator Earnings or any claim you might have on is non-transferable as meant in article 3:83(2) of the Dutch Civil Code.

1. We cannot exclude the Fan’s legal right to request a refund from you. It is for your own account and risk if a Fan seeks a refund. We do not refund any Creator Fee collected by us.
2. If a Fan requests a charge-back from their Fan Payment to you, the amount of the charge-back and any additional costs related to the charge-back will be withheld from your Creator Earnings.

1. The third-party payment providers may withhold any Creator Earnings which are not yet paid out to you if:
• •we suspect that your Creator Earnings were the result of unlawful activity, either by you or the Fan who has made the Fan Payment; or
• •we suspect you have or may have violated the Terms which leads to legal or financial consequences for Fannilla™ or other users.
2. The third-party payment providers can withhold the Creator Earnings for as long as necessary for an investigation to the alleged breach or unlawful activity.
3. The payout obligation of Creator Earnings would forfeit if our suspicions as specified in article 7.1 have been confirmed.
4. We may offset your Creator Earnings against any amount you owe us due to justified refund or charge-backs by Fans or any other outstanding amount or claim we may have on you. You are not allowed to offset the Creator Fee with the Creator Earnings or any amount we may owe you.

GENERAL

1. We shall collect all VAT, GTS, or sales taxes (if applicable) on the Fan Payment and transfer this to the relevant tax authorities.
2. You are responsible to comply with your local tax rules. We recommend you seek professional advice. The information on taxes on our website is for general purposes. We are not liable to you with regard to this information.
3. You undertake and guarantee that you will always comply with any tax laws and regulations. We can suspend your account if we are notified of any non-compliance.

UK

4. This section is applicable to Creators who are registered for UK VAT.
5. Exclusively for UK VAT purposes, Creators are seen as providing their services to Fannilla™instead of directly to their Fans.
6. Fannilla™ will be considered, for VAT purposes, as the recipient of your Creator Earnings plus the UK VAT applicable at the current rate during the Fan Payment.
7. You agree to send us monthly VAT invoices. These invoices should cover what you've earned as a Creator along with the VAT for these Creator Earnings.
8. We shall pay you the VAT added to your Creator Earnings separately from your usual Creator Earnings. Therefore we need the following from you:
• •your VAT registration number
• •a VAT invoice.
• •A VAT return to HM Revenue & Customs demonstrating a value of taxable supplies equal to or surpassing the collective value of your Creator Earnings for the relevant period.
9. You shall transfer the VAT amount you have received from us directly to HM Revenue & Customs.
10. You must keep copies of all VAT invoices and returns related to what you earn fromFannilla™. If we ask, you must provide the copies to us within 14 days. It is your obligation to follow all the VAT rules and keep good records.
11. If you are a UK Creator who does not need to register for UK VAT, you must monitor if you are not exceeding the VAT registration limit. If you exceed the VAT registration limit, you must register.

1. We shall collect all VAT on the Fan Payment and transfer this to the relevant tax authorities.
2. You are responsible to comply with your local tax rules. We recommend you seek professional advice. The information on taxes on our website is for general purposes. We are not liable to you with regard to this information.
• •compliant with these Terms (specifically the Acceptable Use Policy) and all applicable laws and regulations.
• •posted with the consent of any individual that is visible and/or recognizable in the content (as meant in article 11).
• •not violating any intellectual property rights (as meant in article 10)
• •in good quality; and
• •as described by you.
3. We can remove Content that is not in accordance with article 9.2 without prior notice. Please refer to article 14 of the terms for all users and the Complaints and Take Down Policy for more information.

1. By using our Platform, you guarantee (i) to be the sole and exclusive owner of the Content you upload and the Products you offer, or (ii) to have obtained all necessary rights, licenses, consents or waivers to upload the Content and offer the Products on the Platform.
2. You remain the owner of all intellectual property rights or licenses you own in relation to the Content and Products (your Intellectual Property). Uploading Content or offering Products on Fannilla™ does not affect your rights in relation to your Content or Products, since we do not claim ownership of the Intellectual Property on your Content and Products.
3. We need your permission to offer your Content and Products to Fans via Fannilla™. By uploading Content on the Platform, you grant us a non-exclusive and worldwide license for the purpose of enabling Fannilla™ to offer and display the Content to Fans through the Platform.
4. By offering Products on the Platform, you grant us a non-exclusive and worldwide license to promote, market, and sell Products on your behalf to Fans through the Platform.Fannilla™ has the right to conduct transactions on behalf of the Creator, process payments and handle product delivery logistics, if applicable.
5. This licenses described in Article 10.4 and 10.5 are perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, assignable, and transferable by us. We accept such license in advance. The license will end after you have deleted your Content or account.
6. You shall indemnify and hold Fannilla™ harmless from and against any claim, suit, action or proceeding from a third party regarding your Content and Products, which may arise as a result from any violation of this article. Your indemnification obligation extends to all costs, expenses and damages (including attorney fee’s and court costs) incurred byFannilla™ due to such claim.
Explanation & Example
• •Intellectual property rights are rights to protect the creation of an owner, such as copyrights and trademarks. A classic example are authors, who hold the copyrights to the book they wrote, as the original creators. If you are not the author, it is not allowed to sell the book for example.
• •The same principle applies to Content on Fannilla™. From a legal perspective, it is not allowed to post Content of which you do not own the intellectual property rights.
• •With a license, you can allow someone to use your intellectual property rights. By granting us a license, you allow us to use your Content to provide our services (such as uploading your Content on the Platform).

1. You may only post Content showing another person or persons than yourself (a Collaboration) if the following conditions are met:
• •you have verified that each person depicted in your Content has consented to (i) being depicted in such Content, and (ii) to the public distribution of that Content on the Platform
• •you have verified that each person depicted in your Content is at least 18 years old by checking their government-issued identification documentation and
• •you have obtained any other licenses or consents from the persons depicted in your Content, that are required to upload the Content on Fannilla™.
2. You shall obtain and maintain written documentation to show that the conditions of article 11.1 have been met, and will provide such written documentation to us promptly upon request.
3. You agree that we may refrain from uploading any Content related to a Collaboration until all conditions of article 11.1 are met.
4. You can do a Collaboration with other Creators. You must tag the other Creator in your Content. The Collaboration will only be posted if the other Creator accepts the Collaboration.
5. The Creator earnings will be evenly distributed amongst all Creators participating in the Collaboration.

1. You can advertise on Fannilla™. You must comply with the rules of this article 12 if you post Content aimed to promote your own or third-party goods or services (Advertising Content).
2. You shall obtain and maintain written documentation to show that the conditions of article 11.1 have been met, and will provide such written documentation to us promptly upon request.
• •not be violating public order, applicable laws and regulations or these Terms.
• •not be unnecessarily offensive or pose a threat to public health.
• •not damage the confidence in advertising or appeal to a feeling of fear or superstition
• •not be dishonest, misleading, or unfair.
3. You agree that we may refrain from uploading any Content related to a Collaboration until all conditions of article 11.1 are met.
• •tobacco products or related products (such as, but not limited e-cigarettes)
• •illegal products
• •weapons
• •food (including nutritional supplements) and drinks
• •products containing alcohol and
• •products relating to online gambling.
4. The Advertising Content must be marked as an advertisement. Before you post Content we will ask you if you are advertising. You agree to answer this truthfully. If you receive any kind of reimbursement for the Advertising Content you must mention this in your Advertising Content.

Fannilla™ gives Creators access to their sales statistics and click data. This allows Creators to better optimize their content. The data is anonymized, so Creators cannot track individual Fans with it. Our Privacy Policy sets out which personal data we collect and how we use and process this data.

Fannilla™ gives Creators access to their sales statistics and click data. This allows Creators to better optimize their content. The data is anonymized, so Creators cannot track individual Fans with it. Our Privacy Policy sets out which personal data we collect and how we use and process this data.

We want to be transparent on how we handle complaints. Please refer to our Complaints and Take Down Policy.