Creator Agreement

1.1 Parties

This Creator Agreement (the "Agreement") is between FunVertex, an online creator platform operated in California, with a business address at 6285 E Spring St #308, Long Beach, CA 90808 ("FunVertex", "we", "us"), and the individual who accepts this Agreement during Creator onboarding (the "Creator", "you").

1.2 Acceptance

You accept this Agreement electronically, as described in Section 10. You cannot publish Content, be subscribed to, or earn on the Platform until you have accepted this Agreement.

1.3 Incorporated Policies

The Terms of Service, the Prohibited Content & Content Moderation Policy (the "Content Policy"), the Refund & Chargeback Policy, the DMCA / Copyright Policy, and the Privacy Policy form part of this Agreement. If they conflict with this Agreement on a matter specific to Creators, this Agreement prevails.

1.4 Definitions

"Platform" means the FunVertex website, applications, and services.

"Content" means any photo, video, audio, text, message, livestream, or other material you upload, send, or make available on the Platform.

"Fan" means a user who views, subscribes to, or buys Content, or sends a Creator a gift.

"Co-performer" means any identifiable person other than you who appears or is heard in your Content.

"Payment Processor" means a third party that processes Fan payments or Creator payouts for FunVertex.

"Earnings" means your share of Fan payments for your Content, calculated under Section 7.

1.5 Independent Relationship

You act as an independent business. Nothing in this Agreement makes you an employee, agent, partner, or representative of FunVertex. You decide what Content you create and when, within the rules of this Agreement.

2.1 Adults Only

You must be a natural person aged at least 18, or the age of majority where you live if higher, with legal capacity to enter this Agreement.

2.2 Verification Before Earning

Before your profile can be subscribed to and before any payout is enabled, you must confirm your email address and pass identity and age verification carried out by our verification provider. Verification requires a valid government-issued identity document and a liveness selfie check. FunVertex receives the verification result and the verified identity fields. It does not receive or store raw images of your identity document unless otherwise required by law or expressly disclosed in the Privacy Policy.

2.3 Accurate Information

You must give your true legal name, date of birth, and country of residence, and keep them up to date. Using another person's identity or documents is a breach that results in permanent termination.

2.4 Personal Account

A Creator account belongs to the verified individual. You may not sell, transfer, or share it, and you may not hold more than one Creator account unless FunVertex expressly authorizes otherwise in writing. You may not hand control of your account, identity documents, or Earnings to a third-party manager or agency.

2.5 Re-verification

We may ask you to repeat verification at any time, including when a document expires, when account details change, or when we suspect a takeover. We may suspend the account and payouts until verification is complete.

2.6 Excluded Persons

You may not be a Creator if you are subject to applicable sanctions, if you live in a country or territory where FunVertex or its Payment Processors do not support Creator accounts or payouts, or if FunVertex has previously terminated an account of yours for cause.

2.7 Creator Type

You must state accurately whether your profile presents a real person or an AI-generated persona. The verified individual remains fully responsible for the account in both cases.

3.1 Content Policy Applies

All Content must comply with the Content Policy on every surface, including profiles, feed posts, pay-per-view media, direct and mass messages, calls, and checkout links.

3.2 Zero-Tolerance Categories

You must never upload, send, solicit, or advertise:

• any content depicting or appearing to depict a person under 18 in a sexual or sexualized context, however produced, including drawn, animated, or AI-generated material, and any "age-baiting" presentation;
• non-consensual content, including intimate imagery shared without permission, hidden-camera material, content of a person unable to consent, and sexual deepfakes of a real person without documented written consent;
• content involving trafficking, coercion, exploitation, or the offer of in-person sexual services.

A breach of this clause results in immediate permanent termination without warning.

3.3 Other Prohibited Content

The Content Policy also prohibits, among other things, graphic violence, bestiality, incest themes, illegal goods and drugs, hate speech, harassment, doxxing, impersonation, and content you have no right to distribute.

3.4 Public Surfaces

Profile photos, cover images, display names, bios, public previews, and checkout link pages must be safe for work because they can be seen before a viewer's age is confirmed.

3.5 Accurate Labeling

You must accurately identify whether your profile presents a real person or an AI-generated persona and must not misrepresent an AI-generated or substantially AI-altered persona as a real person. FunVertex may display an AI designation or other disclosure on a profile or elsewhere on the Platform as required by law, Payment Processor requirements, or Platform policy.

3.6 Lawful Production

Your Content must be lawful where it was produced and where you live.

3.7 Payments Stay on the Platform

You may not ask for or arrange payment from Fans outside the Platform to avoid fees, moderation, or verification.

3.8 Pre-Publication Screening

Every photo and video you upload is screened before anyone else can see it. New posts are withheld from every view until they pass moderation; message attachments and profile and cover images are screened before they are delivered or displayed. If screening cannot be completed, the upload is held or refused rather than published unscreened. Content that fails is rejected or removed.

4.1 Before You Upload

Before uploading Content that includes a Co-performer, you must:

• check a valid government-issued identity document and confirm the Co-performer was at least 18 when the Content was produced;
• obtain the Co-performer's signed written release consenting to the recording, to its distribution on FunVertex, and to its sale to Fans;
• keep a copy of the identity document and the signed release.

This applies whether or not the Co-performer has a FunVertex account.

4.2 Record Keeping

You must keep these records for as long as the Content is on the Platform and for seven (7) years afterwards. You must also comply with any record-keeping and labeling law that applies to you, including 18 U.S.C. §2257 where applicable.

4.3 Production on Request

You must give FunVertex these records within the time stated in our request. If you do not, we will remove the Content and may suspend your account.

4.4 Capacity to Consent

You may not upload Content showing a person who was asleep, unconscious, intoxicated, or otherwise unable to consent when it was recorded.

4.5 Withdrawal of Consent

If a Co-performer withdraws consent or tells us they did not consent, we will remove the Content while we review. A person does not need to prove ownership of a recording to have non-consensual content removed.

5.1 Ownership

You keep ownership of your Content.

5.2 License to FunVertex

You grant FunVertex a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and deliver your Content to Fans entitled to view it, solely as needed to operate, secure, and provide the Platform and its services. This includes generating blurred previews and applying an attribution watermark.

5.3 Duration

The license ends when you delete the Content or close your account, except for copies we must keep for legal, safety, dispute, fraud-prevention, security, backup, and audit purposes, or that remain in accordance with our Privacy Policy and applicable law.

5.4 Name and Likeness

We may show your display name, username, and profile images on the Platform so Fans can find you. We will not use them in advertising outside the Platform without your consent, except where reasonably necessary to operate, promote, or explain the Platform or as otherwise permitted by law.

5.5 Your Rights in the Content

You confirm that you created the Content or hold every right needed to distribute and sell it, and that it does not infringe anyone's copyright, trademark, privacy, publicity, or other rights.

5.6 Copyright Complaints

Copyright notices and counter-notices are handled under the DMCA / Copyright Policy. We may terminate repeat infringers.

5.7 Platform Rights

FunVertex keeps all rights in the Platform, its software, technology, trademarks, service marks, and brand. This Agreement gives you no rights in them beyond using the Platform as a Creator.

6.1 Review

FunVertex screens Content automatically and through a trained human moderation team. Every upload is checked by our own automated systems — face detection, age estimation and image classifiers — for anyone who may be under 18. An upload is rejected when these systems agree that a child is shown, and is held for review by a person whenever they cannot be certain.

6.2 Enforcement

Depending on severity and your history, we may remove or restrict Content, hide your profile from discovery, restrict features, suspend your account, withhold or reverse Earnings from violating Content, hold payouts during an investigation, or terminate your account permanently.

6.3 Complaints

Anyone may report Content or make a complaint, with or without an account, through the Support Center or by email to [email protected]. Complaints are acknowledged within 24 hours and are reviewed and resolved within five (5) business days of receipt, and the outcome is communicated to the person who made the complaint. Reports of child sexual abuse material, non-consensual intimate imagery, trafficking, or a threat to life are treated as urgent, and the Content is removed or restricted immediately while the review is carried out.

6.4 Appeals

You may appeal a removal or restriction within 14 calendar days of being notified, through the Support Center or by email to [email protected]. Someone not involved in the original decision reviews the appeal and decides it within five (5) business days of receipt. Decisions about child sexual abuse material cannot be appealed.

6.5 Reporting to Authorities

FunVertex does not condone human sex trafficking in any form. All instances of suspected human trafficking will be reported to the proper authorities.

We report apparent child sexual abuse material to NCMEC where required by law, preserve evidence as the law requires, and cooperate with law enforcement on child safety, non-consensual imagery, trafficking, terrorism, and credible threats to life.

6.6 Cooperation

You must answer our reasonable questions about your Content, your Co-performers, and your account activity.

7.1 Pricing

You set the prices for your subscriptions, pay-per-view Content, and checkout links, within the limits shown in your dashboard.

7.2 Collection

FunVertex sells access to your Content to Fans and collects their payments through its Payment Processors. Fans pay FunVertex, not you directly.

7.3 Earnings

For each completed Fan payment for your Content, you earn the Creator share shown above and FunVertex keeps the Platform fee. The same split applies to subscriptions, gifts, pay-per-view unlocks, checkout links, and calls, unless different terms are expressly shown in your dashboard.

7.4 Clearance Period

Earnings are placed into a pending balance after the applicable Fan payment is received.

Earnings are subject to a minimum clearance period of seven (7) days before they may become available for withdrawal. After the seven-day clearance period has passed, the applicable Earnings may move to your available balance, subject to successful payment settlement, refunds, chargebacks, fraud reviews, Payment Processor requirements, legal or compliance requirements, and any other applicable hold under this Agreement.

The seven-day clearance period is a minimum period and does not guarantee that a particular payment will become available exactly seven days after the Fan payment. If a Payment Processor, financial institution, law enforcement authority, applicable law, or FunVertex's reasonable fraud or risk controls require a longer hold, the Earnings may remain pending for the additional period.

7.5 Payouts

You may request a payout of your available balance once it reaches the minimum payout amount. Payouts are made only to a bank account or payout method in your own verified name, never to a third party.

Each payout request is subject to review and approval by FunVertex and may also be subject to the requirements, processing times, and approval procedures of the applicable Payment Processor or financial institution.

Fees charged by your bank or by intermediary banks are yours to bear.

7.6 Refunds and Chargebacks

If a Fan payment is refunded, reversed, disputed, or charged back, your share of that payment may be deducted from your pending or available balance, or from future Earnings.

If your balance becomes negative, you owe FunVertex the difference, subject to applicable law.

7.7 Additional Holds

In addition to the minimum seven-day clearance period, we may delay, restrict, or withhold a payout while we investigate suspected fraud, a breach of this Agreement, an unusual level of refunds or chargebacks, suspicious account activity, identity or compliance issues, or where the law, a Payment Processor, financial institution, or other service provider requires it.

We will tell you the reason for a material hold unless the law prevents us from doing so or disclosure could compromise a fraud, security, compliance, or law-enforcement investigation.

7.8 Fraud

You may not buy your own Content, use duplicate or fake accounts, inflate subscriber counts, Earnings, or referral rewards, or help anyone pay with a stolen or unauthorized card.

Earnings from such activity, or from Content that breaches this Agreement, may be forfeited, reversed, withheld, or refunded to the Fans concerned to the extent permitted by law.

7.9 Referral Rewards

Referral commissions are paid by FunVertex under the program terms shown in your dashboard and are subject to this Section.

7.10 Taxes

You are responsible for reporting and paying all taxes on your Earnings. We may ask you for tax information and may withhold tax where the law requires it.

8.1 Your Warranties

Each time you upload Content or request a payout, you confirm that:

• you are the person whose identity was verified for this account, and you are at least 18;
• every real person in the Content was at least 18 when it was produced and consented in writing to its recording, distribution, and sale;
• you hold the records required by Section 4 and all rights required by Section 5;
• the Content complies with the Content Policy and the law;
• you are not acting under coercion, and no third party controls your account or Earnings.

8.2 Ending the Agreement Yourself

You may end this Agreement at any time by closing your account from Settings.

8.3 Suspension or Termination by FunVertex

We may suspend or terminate your account immediately if you breach this Agreement or an incorporated policy, fail or refuse verification, are suspected of fraud, do not produce records under Section 4, or if the law, a Payment Processor, or another applicable service provider requires it.

8.4 Termination Without Cause

We may also end this Agreement without cause by giving you 30 days' notice.

8.5 What Happens on Termination

Your Content is removed from sale.

We will process your eligible cleared balance in accordance with the applicable payout schedule and Payment Processor requirements. Subject to refunds, chargebacks, fraud investigations, Payment Processor holds, and amounts you owe us, we will generally make an eligible final payout within 30 days after termination.

Where termination is for cause, we may withhold or restrict the balance during an investigation and may keep or reverse amounts connected to fraud, prohibited Content, unauthorized transactions, chargebacks, or other unlawful activity to the extent permitted by law.

8.6 Survival

Sections 4, 5.3, 7.6, 8.5, and 9 continue to apply after this Agreement ends.

9.1 Your Data

We process your personal data, including verification results and payout details, as described in the Privacy Policy.

9.2 Fan Data

You may use information about Fans only to provide your Content to them on the Platform.

You may not export it, publish it, sell it, or use it to contact Fans elsewhere except where expressly authorized by FunVertex or required by law.

9.3 Indemnity

You will compensate FunVertex for losses, fines, chargebacks, and reasonable legal costs that result from your Content, your breach of this Agreement, or a claim by a Co-performer or other third party about your Content, to the extent permitted by applicable law.

9.4 Limitation of Liability

The Platform is provided "as is" and "as available."

To the maximum extent the law allows, FunVertex is not liable for indirect, incidental, special, consequential, exemplary, or punitive loss, or for lost profits, revenue, data, goodwill, or business opportunities.

To the maximum extent permitted by law, FunVertex's total liability to you for all claims arising out of or relating to this Agreement or the Platform is limited to the greater of:

• (a) USD $100; or
• (b) the total amount of Earnings actually paid to you by FunVertex during the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in this Agreement limits or excludes liability that cannot legally be limited or excluded.

9.5 Governing Law

This Agreement is governed by the laws of the State of California, without regard to its conflict-of-laws rules.

Subject to any mandatory rights you have where you live, the state and federal courts located in Los Angeles County, California have jurisdiction over disputes arising out of or relating to this Agreement or your use of the Platform, and you consent to their jurisdiction and venue.

9.6 Changes

We may change this Agreement.

We will notify you in the app and by email at least 30 days before a material change takes effect, unless a shorter period is required or permitted by law or is necessary to address an urgent legal, security, fraud, Payment Processor, or regulatory issue.

You will be asked to accept the new version. If you do not accept it, you may close your account and withdraw your eligible cleared balance, subject to this Agreement and any applicable holds, refunds, chargebacks, or legal requirements.

9.7 Notices

We send notices in the app and to your registered email address. You send notices to us through the Support Center.

9.8 General

You may not assign this Agreement.

We may assign this Agreement to a successor of our business or in connection with a merger, acquisition, reorganization, financing, or sale of substantially all of our assets.

If a clause is unenforceable, the rest remains in force.

This Agreement and the incorporated policies are the whole agreement between us on this subject and supersede prior agreements or understandings concerning the same subject matter.

If this Agreement is translated, the English version prevails.

10.1 How You Accept

You accept this Agreement during Creator onboarding, after identity verification has passed and before you can upload Content, by ticking the acceptance box, separately ticking the content and likeness consent box, and selecting "I Agree." You sign in the full legal name shown on the identity document you verified with.

This electronic acceptance has the same effect as a handwritten signature to the maximum extent permitted by applicable law.

10.2 Acceptance Statement

The statement you confirm reads:

I am the person whose identity was verified for this account. I am at least 18 years old. I have read and agree to the FunVertex Creator Agreement and the policies it incorporates. I confirm that every real person appearing in my Content is an adult who has consented in writing, and that I keep the records to prove it.

10.3 Content and Likeness Consent

Separately from the statement above, and with its own box, you confirm:

I acknowledge and agree that my content, including my images and likeness, will be used and displayed publicly on the FunVertex website: on my public profile and in previews, and in full to the fans who subscribe to or purchase it.

10.4 Record of Acceptance

For each acceptance, we record your account ID, the legal name on your verified identity document, both confirmations, the Agreement version, the date and time in UTC, your IP address, and your browser or device details.

We keep this record for as long as your account exists and afterwards for as long as the law requires or allows.

10.5 Your Copy

We email you a copy of the accepted version, and you can view it at any time from your account settings.

10.6 New Versions

When we publish a new version under Section 9.6, you must accept it in the same way to keep using Creator features.