Terms of Service

1. Acceptance of Terms

1.1 Agreement to Terms

By accessing or using the Service, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from using or accessing the Service.

1.2 Additional Terms

These Terms apply to all users of the Service, including without limitation users who are browsers, creators, supporters, customers, and/or contributors of content. Additional terms may apply to specific features or services.

1.3 Business Use

If you are using Spinhub on behalf of a business or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Age and Eligibility Requirements

2.1 Minimum Age Requirement

You must be at least 21 years old to use any part of the Service. This age requirement is strictly enforced and applies to all users, whether you are a creator, supporter, or browser.

2.2 Age Verification Process

For Supporters:

• Must confirm they are 21 years or older
• Must use a valid payment method (credit/debit card)
• May be asked for additional verification in certain circumstances
• Agreement to age declaration is legally binding

For Creators:

• Must complete identity verification through Stripe Connect
• Must upload valid government-issued photo identification
• Must provide tax documentation as required
• Must verify all participants in content are 21+ with proper documentation

2.3 NSFW Content Access Controls

All adult/NSFW content on Spinhub is protected by multiple safety layers:

Default Protection:

• All NSFW content is hidden by default for ALL users
• Content remains hidden even after account creation
• No accidental exposure to adult content possible
• Applies to all content types (images, videos, text, streams)

Required Steps to Access NSFW Content:

Users must complete ALL of the following affirmative steps:

1. Create an account with age declaration (21+)
2. Provide and verify a valid payment method
3. Navigate to Account Settings
4. Locate the "Content Preferences" section
5. Explicitly enable "Show NSFW Content" option
6. Read and acknowledge the warning message
7. Confirm they are 21+ and wish to proceed

Warning and Consent:

"Warning: You are about to enable adult content that may include nudity and sexual material. By proceeding, you confirm that you are 21 years or older and wish to view such content. This content is not suitable for minors. You can disable this setting at any time."

Ongoing Protections:

• Setting can be disabled at any time
• Timestamp of enablement is recorded
• Re-confirmation required every 90 days
• NSFW content immediately hidden if setting is disabled
• Audit trail maintained for compliance

2.4 Geographic Restrictions

The Service is not available in all countries or regions. You may not use Spinhub if:

• You are located in a country where the Service is prohibited by law
• You are accessing from a jurisdiction where adult content is illegal
• Local laws prohibit you from accessing our type of service

2.5 Eligibility Requirements

In addition to age requirements, you must:

• Have the legal capacity to enter into contracts
• Not be prohibited from using the Service under applicable laws
• Not have been previously banned from the Service
• Be able to form legally binding contracts

3. Your Relationship with Spinhub

3.1 Spinhub's Role

Spinhub operates as a marketplace that provides creators with tools and services to monetize their content. While creators set their own prices and terms, Spinhub acts as the merchant of record for all transactions. This means:

• All payments are processed in Spinhub's name
• Spinhub handles all payment-related customer service
• Spinhub manages all disputes and refund decisions
• Spinhub serves as the sole contact point for payment processors and financial institutions

When refunds are issued, the corresponding amounts are deducted from creator earnings. While Spinhub assumes full liability toward payment processors and cardholders, creators remain financially responsible for refunds related to their content and services.

This structure ensures compliance with financial regulations while allowing creators to focus on content creation. Creators authorize Spinhub to process transactions on their behalf, with Spinhub maintaining ultimate responsibility for all financial operations and regulatory compliance.

3.2 Independence of Creators

Creators on Spinhub are independent contractors, not employees, agents, or partners of Spinhub. Nothing in these Terms creates any employment, agency, joint venture, or partnership relationship between Spinhub and any user.

3.3 No Endorsement

We do not endorse, support, represent, or guarantee:

• The completeness, truthfulness, accuracy, or reliability of any content
• Any creator's qualifications, abilities, or credentials
• That creators will fulfill their stated goals or deliverables
• The quality of any content, goods, or services provided by creators

3.4 User Interactions

You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between users.

4. Account Registration and Security

4.1 Account Creation

To use certain features of the Service, you must create an account by providing:

• Your legal name
• Valid email address
• Date of birth
• Strong password
• Any other required information

4.2 Account Accuracy

You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your information
• Not create accounts for anyone other than yourself
• Not create multiple accounts without permission
• Not use false information or impersonate others

4.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use
• Using strong, unique passwords
• Complying with applicable authentication requirements

4.4 Account Restrictions

• One account per person (unless authorized)
• No buying, selling, or transferring accounts
• No sharing account access
• No automated account creation

5. Creator Obligations

If you use Spinhub as a creator, you additionally agree to:

5.1 Content Ownership and Rights

• You own or have all necessary rights to your content
• Your content doesn't infringe any third-party rights
• You have written consent from anyone appearing in your content
• You maintain all required documentation

5.2 Content Standards

• Comply with our Community Guidelines
• Properly label all adult/NSFW content
• Not post any illegal or prohibited content
• Ensure all participants in adult content are 21+ with verified consent
• Maintain 2257 records (or EU equivalent) for adult content

5.3 Creator Commitments

• Deliver rewards and benefits as promised
• Communicate honestly and transparently with supporters
• Respond to reasonable supporter inquiries
• Honor your stated refund policy
• Maintain professional standards

5.4 Financial Responsibilities

• Provide accurate tax information
• Report income as required by law
• Pay all applicable taxes
• Maintain accurate financial records
• Handle VAT registration if required

5.5 Prohibited Conduct

Creators must not:

• Engage in off-platform transactions for on-platform content
• Share supporter personal information
• Create fake engagement or supporters
• Mislead supporters about content or rewards
• Violate any applicable laws or regulations

6. Supporter Rights and Obligations

If you support creators on Spinhub, you agree to:

6.1 Payment Obligations

• Pay for all subscriptions and purchases
• Maintain valid and current payment information
• Understand that payments are generally non-refundable
• Pay any applicable taxes or fees
• Not initiate fraudulent chargebacks

6.2 Content Usage Rights

• Access content only for personal, non-commercial use
• Not reproduce, distribute, or publicly display creator content
• Not sell or sublicense creator content
• Not use automated systems to download content
• Respect creators' intellectual property rights

6.3 Respectful Behavior

• Treat creators and other users with respect
• Not harass, threaten, or abuse anyone
• Follow our Community Guidelines
• Not attempt to contact creators outside the platform without permission
• Respect creators' boundaries and privacy

6.4 Prohibited Activities

Supporters must not:

• Share login credentials
• Circumvent paywalls or access controls
• Record or screenshot content where prohibited
• Impersonate others
• Engage in any illegal activities

7. Content Guidelines and Restrictions

7.1 Permitted Content Types

Spinhub supports diverse content including:

• Educational and instructional material
• Creative works (art, music, writing, video)
• Entertainment and performance
• Adult/NSFW content (with restrictions)
• Podcasts and audio content
• Livestreaming
• Blog posts and articles

7.2 Adult Content Policy

Adult/NSFW content is permitted with these requirements:

Required Documentation:

• All participants must be 21+ with verification
• Written consent from all participants
• 2257 records (or EU equivalent) maintained
• Consent documentation available upon request

Content Requirements:

• Must be properly labeled as Adult/NSFW
• Cannot be visible in public areas of the site
• Must comply with payment processor restrictions
• Cannot involve minors in any context
• Must be consensual and legal

7.3 Prohibited Content

The following content is strictly prohibited:

• Child sexual abuse material or any content involving minors
• Non-consensual intimate content
• Content promoting terrorism or violent extremism
• Illegal goods or services
• Malware, viruses, or harmful code
• Copyright infringing material
• Hate speech or discrimination
• Doxxing or privacy violations
• Self-harm or suicide promotion
• Dangerous or illegal activities
• Escort services or prostitution
• Deepfakes without consent

7.4 Content Moderation

We employ both automated and human moderation:

• Automated systems flag potential violations
• Human reviewers assess context
• Appeals process available for all actions
• Transparency reports published quarterly

8. Fees and Payment Terms

8.1 Platform Fees

• Platform Fee: 15% of all transactions
• Payment Processing: 2.9% + €0.30 per transaction
• Currency Conversion: Market rate + 1%
• No hidden fees or charges

8.2 Pricing

• Creators set their own prices
• Minimum subscription: €3/month
• Maximum subscription: €500/month
• All prices displayed in Euros (€)
• VAT/GST added where required by law

8.3 Payment Processing

• All payments processed by Stripe
• PCI compliant security standards
• Multiple payment methods accepted
• Recurring billing for subscriptions
• Secure tokenization of payment data

8.4 Creator Payouts

• Schedule: Weekly or monthly (creator's choice)
• Processing Time: 3-5 business days
• Minimum Payout: €20
• Methods: Bank transfer (SEPA), international wire
• Holds: May apply for new accounts or suspicious activity

8.5 Taxes

• VAT automatically calculated and collected
• Creators responsible for income tax
• Tax documents provided annually
• DAC7 reporting to EU authorities
• W-8/W-9 forms may be required

9. Refunds and Disputes

9.1 Creator Refund Policies

• Each creator sets their own refund policy
• Check the policy before subscribing
• Creators must honor their stated policy
• Platform enforces policy compliance

9.2 EU Consumer Rights

Under EU law, consumers have the right to cancel digital content purchases within 14 days. However, by purchasing content on Spinhub, you:

• Request immediate performance of the service
• Acknowledge loss of cancellation right upon access
• Waive the 14-day cooling-off period

9.3 Dispute Resolution Process

1. Direct Resolution: Contact the creator first
2. Platform Mediation: If unresolved, contact support
3. Formal Complaint: File through our dispute system
4. External Resolution: Use EU ODR platform if needed

9.4 Chargebacks

• Fraudulent chargebacks may result in account suspension
• We assist creators in contesting invalid chargebacks
• Evidence provided to card networks
• Repeat offenders permanently banned

10. Intellectual Property Rights

10.1 Creator Content Ownership

• Creators retain all ownership rights
• No transfer of rights to Spinhub
• Creators control their content
• Moral rights preserved where applicable

10.2 License Grant to Spinhub

Creators grant Spinhub a limited license to:

• Host, store, and cache content
• Display content to authorized users
• Create thumbnails and previews
• Distribute via CDN for performance
• Make backups for security
• Include in platform features (with consent)

This license is:

• Non-exclusive
• Worldwide
• Royalty-free
• Revocable upon content deletion
• Limited to platform operation

10.3 Spinhub Intellectual Property

• All Spinhub trademarks, logos, and designs are our property
• No use without written permission
• Limited license for creators to promote their pages
• Guidelines available for brand usage

10.4 DMCA/Copyright Compliance

• We respond to valid takedown notices
• Counter-notification process available
• Repeat infringer policy enforced
• Good faith belief required for claims
• False claims may result in liability

11. Privacy and Data Protection

11.1 Data Protection Commitment

• Full GDPR compliance
• Privacy by design principles
• Data minimization practices
• Regular security audits
• Breach notification procedures

11.2 Your Privacy Rights

Under GDPR, you have the right to:

• Access your personal data
• Correct inaccurate information
• Delete your data ("right to be forgotten")
• Export your data (portability)
• Object to certain processing
• Restrict processing
• Not be subject to automated decisions

You can exercise these rights through your Account Settings and our GDPR management tools.

11.3 Data Security

• Industry-standard encryption
• Secure data centers in EU
• Regular security testing
• Access controls and monitoring
• Incident response procedures

11.4 Privacy Policy

Our detailed Privacy Policy explains:

• What data we collect
• How we use your data
• Who we share it with
• Your rights and choices
• Contact information for questions

12. Disclaimers and Limitations of Liability

12.1 "As Is" Service

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

12.2 No Guarantee

WE DO NOT WARRANT THAT:

• The Service will be uninterrupted or error-free
• Defects will be corrected
• The Service is virus-free
• Results will meet your expectations
• Content will remain available

12.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• We are not liable for indirect, incidental, special, consequential, or punitive damages
• We are not liable for lost profits, data, or opportunities
• Our total liability is limited to the greater of €100 or fees paid in the last 6 months
• These limitations apply regardless of legal theory

12.4 Third-Party Content

• We don't control creator content
• Not responsible for creator promises
• No liability for user interactions
• Third-party links at your own risk

12.5 Force Majeure

No liability for failures due to:

• Natural disasters
• War or terrorism
• Government actions
• Internet outages
• Other unforeseeable events

13. Indemnification

13.1 Your Indemnification

You agree to indemnify, defend, and hold harmless Spinhub, its affiliates, officers, directors, employees, agents, and partners from and against any claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your content or information you provide
• Your interactions with other users
• Your violation of any laws or regulations

13.2 Defense and Settlement

• We may participate in defense with our own counsel
• You may not settle claims affecting us without consent
• We may take over defense if you fail to respond
• Cooperation required in defense

14. Termination

14.1 Termination by You

• Close your account anytime in settings
• Effective immediately upon request
• No refund of fees paid
• Download your data before closing

14.2 Termination by Spinhub

We may suspend or terminate accounts for:

• Violation of these Terms
• Violation of Community Guidelines
• Illegal activities
• Extended inactivity (12+ months)
• Law enforcement request
• Repeated policy violations
• Fraudulent activity
• Risk to platform or users

14.3 Effects of Termination

Upon termination:

• Access to Service ends immediately
• Subscriptions cancelled (no new charges)
• Content may become inaccessible
• No refund of platform fees
• Some Terms provisions survive

14.4 Surviving Provisions

These sections survive termination:

• Intellectual Property
• Indemnification
• Limitation of Liability
• Dispute Resolution
• General Provisions

15. Dispute Resolution

15.1 Informal Resolution

First, try to resolve disputes by contacting:

• Email: [email protected]
• Response within 48 hours
• Good faith effort required

15.2 Governing Law

These Terms are governed by:

• Laws of Ireland
• EU regulations where applicable
• Without regard to conflict of laws

15.3 Jurisdiction

Disputes shall be resolved in:

• Courts of Dublin, Ireland
• EU consumer's local courts (where applicable)
• Online Dispute Resolution platform

15.4 EU Online Dispute Resolution

EU consumers may use the ODR platform:

• Website: https://ec.europa.eu/consumers/odr
• Available in all EU languages
• Free service

15.5 Class Action Waiver

To the extent permitted by law:

• No class or representative actions
• Disputes resolved individually
• No joining with other claims

16. Changes to Terms

16.1 Right to Modify

We may modify these Terms at any time. Changes are effective when posted unless otherwise stated.

16.2 Notice of Changes

For material changes:

• 30 days advance notice
• Email notification to all users
• Dashboard announcement
• Option to terminate if you disagree

16.3 Continued Use

Using the Service after changes take effect constitutes acceptance of new Terms.

17. General Provisions

17.1 Entire Agreement

These Terms, along with our Privacy Policy and other policies, constitute the entire agreement between you and Spinhub.

17.2 Severability

If any provision is found invalid or unenforceable, the remaining provisions continue in full force and effect.

17.3 No Waiver

Our failure to enforce any right or provision is not a waiver of that right or provision.

17.4 Assignment

• You may not assign or transfer these Terms
• We may assign our rights to successors or affiliates
• Terms binding on permitted assigns

17.5 Interpretation

• Headings for convenience only
• "Including" means "including but not limited to"
• "Or" is inclusive unless stated otherwise
• Examples are illustrative, not exhaustive

17.6 Language

These Terms are in English. Translations are for convenience only; English version controls.

17.7 Electronic Communications

You consent to electronic communications and agree that electronic signatures and records have the same effect as physical ones.