Terms of Service - Fans and Creators

Automation Transformation (doing business as "Fans and Creators")

1. ACCEPTANCE OF TERMS

Welcome to Fans and Creators ("we," "us," "our," or the "Platform"). These Terms of Service ("Terms") constitute a legally binding agreement between you and Automation Transformation, a Delaware S-Corporation, governing your access to and use of the Fans and Creators online community located at fansandcreators.com (the "Community" or "Service").

BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

2. ELIGIBILITY AND AGE RESTRICTIONS

2.1 Age Requirement

You must be at least 18 years of age to access or use the Service. By accessing the Service, you represent and warrant that you are at least 18 years old. The Service is strictly prohibited for minors under any circumstances.

2.2 Additional Restrictions

You may not access or use the Service if:

You are prohibited by law from accessing adult-oriented content
You have been previously banned from the Service
You are located in a jurisdiction where access to adult content is illegal
You are a registered sex offender

2.3 Verification

We reserve the right to request age verification documentation at any time. Failure to provide such documentation may result in immediate suspension or termination of your account.

3. ACCOUNT REGISTRATION AND SECURITY

3.1 Account Creation

To access certain features of the Service, you must create an account. You agree to:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Maintain the security of your account credentials
Notify us immediately of any unauthorized access or security breach

3.2 Account Responsibility

You are solely responsible for all activity that occurs under your account. We are not liable for any loss or damage arising from your failure to maintain account security.

3.3 One Account Per Person

Each person may maintain only one account. Creating multiple accounts may result in termination of all accounts.

4. MEMBERSHIP TYPES AND FEES

4.1 Membership Tiers

Creator Membership (Free)

Available to adult content creators generating more than $10,000 in monthly recurring revenue (MRR)
Subject to verification of revenue metrics
Free access to all Community features

Superfan Membership (Paid)

Available to fans and supporters of adult content creators
Requires payment of membership fees (one-time or subscription-based)
Access to Community features, resources, and networking

4.2 Payment Terms

All fees are stated in U.S. Dollars (USD)
Payment is processed through third-party payment processors (Stripe, PayPal, etc.)
By providing payment information, you authorize us to charge the applicable fees
Subscription fees are charged on a recurring basis until cancelled

4.3 Price Changes

We reserve the right to modify membership fees at any time. For existing subscription members, we will provide at least 30 days' notice of any price increases. Continued use of the Service after the price increase constitutes acceptance of the new fees.

4.4 No Refund Policy (Except as Specified)

All fees are generally non-refundable except as outlined in our Refund Policy or as required by law.

5. CONTENT AND INTELLECTUAL PROPERTY

5.1 Content Ownership

You retain all ownership rights to content you create and post to the Community ("User Content"). By posting User Content, you grant us a limited, non-exclusive, royalty-free, worldwide license to host, store, display, and distribute your User Content solely for the purpose of operating and providing the Service.

5.2 Content Restrictions

You agree that all User Content you post will:

Comply with all applicable laws and regulations
Not infringe on any third-party intellectual property rights
Not violate our Community Guidelines
Not contain prohibited content as defined in Section 6

5.3 Third-Party Content

You may share links to your content hosted on third-party platforms (e.g., OnlyFans, Fansly). You represent and warrant that:

You own or have the necessary rights to share such links
The linked content complies with all applicable laws
You will not post copyrighted content you do not own

5.4 Our Content

All content provided by us, including text, graphics, logos, software, and other materials (excluding User Content), is owned by us or our licensors and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

6. PROHIBITED CONTENT AND CONDUCT

6.1 Strictly Prohibited Content

The following content is absolutely prohibited and will result in immediate account termination and reporting to authorities:

Illegal Content:

Child sexual abuse material (CSAM) or any content involving minors
Content depicting or promoting sex trafficking or human trafficking
Non-consensual sexual content (revenge porn, hidden camera, etc.)
Content obtained through hacking, blackmail, or coercion
Content depicting rape, sexual assault, or non-consent
Content depicting extreme violence, torture, or murder
Bestiality or zoophilia
Necrophilia
Incest (actual or simulated)
Content promoting or facilitating terrorism
Content promoting or facilitating illegal drug trade
Content related to money laundering or financial fraud
Content promoting or facilitating illegal gambling
Content depicting or promoting self-harm or suicide
Content that violates 18 U.S.C. § 2257 recordkeeping requirements

Prohibited Activities:

Solicitation of prostitution or escort services
Sale of illegal drugs, weapons, or other contraband
Phishing, scamming, or fraudulent schemes
Hacking, doxxing, or unauthorized data collection
Harassment, stalking, or threats of violence
Impersonation of others or creation of fake accounts
Spamming or unsolicited commercial messages
Vote manipulation or artificial engagement schemes

6.2 Additional Prohibited Conduct

You may not:

Use the Service for any illegal purpose
Violate any local, state, national, or international law
Interfere with or disrupt the Service or servers
Attempt to gain unauthorized access to the Service
Use automated systems (bots, scrapers) without permission
Collect user information without consent
Share or distribute viruses or malicious code
Engage in copyright infringement or piracy
Share content you do not own or have rights to distribute

6.3 Compliance with 18 U.S.C. § 2257

Any person appearing in sexually explicit content must be at least 18 years of age. Content creators sharing adult content must maintain records required by 18 U.S.C. § 2257 and 28 C.F.R. Part 75. While we do not host primary sexually explicit content, creators sharing such content must:

Maintain proper age verification records for all performers
Provide custodian of records information upon request
Ensure all shared content complies with federal recordkeeping requirements

7. CONTENT MODERATION AND ENFORCEMENT

7.1 Moderation Systems

We employ multiple moderation systems including:

Automated AI-based content screening
Human moderator review
User reporting mechanisms
Third-party moderation services

7.2 Reporting Violations

Users can report violations through our reporting system. All reports are reviewed, though we cannot guarantee specific response times or outcomes.

7.3 Enforcement Actions

Violations of these Terms may result in:

First Violation: Warning and content removal
Second Violation: Temporary suspension (7-30 days)
Third Violation: Permanent account termination
Severe Violations: Immediate permanent ban and reporting to authorities

We reserve the right to skip warnings and immediately terminate accounts for severe violations, including but not limited to: posting illegal content, sex trafficking, child exploitation, terrorist content, or credible threats of violence.

7.4 Appeals

You may appeal enforcement actions by contacting [email protected] within 14 days. We will review appeals but decisions are final and at our sole discretion.

8. DMCA AND COPYRIGHT POLICY

8.1 Copyright Respect

We respect intellectual property rights. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA).

8.2 DMCA Notices

If you believe content on our Service infringes your copyright, please submit a DMCA notice to our designated agent. See our DMCA Policy for complete procedures.

8.3 Repeat Infringers

We will terminate accounts of users who are repeat copyright infringers.

9. PRIVACY AND DATA PROTECTION

9.1 Privacy Policy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

9.2 Data Security

While we implement reasonable security measures, we cannot guarantee absolute security. You use the Service at your own risk.

10. CANCELLATION AND TERMINATION

10.1 Cancellation by Users

Superfan Members: You may cancel your subscription at any time before the next billing cycle. Cancellation takes effect at the end of the current billing period. No refunds for partial periods.

Creator Members: You may request account deletion at any time. Free membership may be revoked if you no longer meet eligibility criteria ($10K+ MRR).

10.2 Termination by Us

We reserve the right to suspend or terminate your account at any time, with or without notice, for:

Violation of these Terms
Violation of Community Guidelines
Fraudulent or illegal activity
Chargebacks or payment disputes
Any conduct we deem harmful to the Community or our business

10.3 Effect of Termination

Upon termination:

Your access to the Service will be immediately revoked
Your User Content may be deleted (though we reserve the right to retain as required by law)
Fees paid are non-refundable except as specified in our Refund Policy
Sections that by their nature should survive will remain in effect

11. DISCLAIMER OF WARRANTIES

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

WE DO NOT WARRANT THAT:

The Service will be uninterrupted, secure, or error-free
The results obtained from using the Service will be accurate or reliable
Any errors in the Service will be corrected
The Service will meet your requirements

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM USE OF THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Automation Transformation, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

Your access to or use of (or inability to access or use) the Service
Any conduct or content of any third party on the Service
Any content obtained from the Service
Unauthorized access, use, or alteration of your transmissions or content

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Automation Transformation, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any rights of another person or entity
Your User Content
Your violation of any applicable laws or regulations

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of such claims.

14. DISPUTE RESOLUTION AND ARBITRATION

14.1 Informal Resolution

Before filing a claim, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

14.2 Binding Arbitration

READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS.

If informal resolution fails, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Exceptions: Either party may bring a claim in small claims court or seek equitable relief in court for intellectual property infringement or misappropriation.

14.3 Arbitration Procedures

The arbitration will be conducted in Delaware or remotely
The arbitrator's decision is final and binding
Each party bears its own costs and fees unless otherwise awarded
The arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief

14.4 CLASS ACTION WAIVER

YOU AND Automation Transformation AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

14.5 Jury Trial Waiver

You and Automation Transformation waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or jury.

15. GOVERNING LAW AND VENUE

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

For any disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Delaware.

16. GENERAL PROVISIONS

16.1 Entire Agreement

These Terms, together with our Privacy Policy, Community Guidelines, Refund Policy, and DMCA Policy, constitute the entire agreement between you and us regarding the Service.

16.2 Modifications

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms with a new "Last Updated" date. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

16.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16.4 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

16.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

16.6 Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, or internet service failures.

16.7 Export Controls

You may not use, export, or re-export the Service except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained.

16.8 Government Use

If you are a U.S. government entity, the Service is a "Commercial Item" as defined in 48 C.F.R. §2.101.

16.9 Third-Party Services

The Service may contain links to third-party websites or services. We are not responsible for the content, accuracy, or practices of third-party services.

16.10 Feedback

If you provide feedback or suggestions about the Service, we may use such feedback without any obligation to you.

17. CONTACT INFORMATION

For questions about these Terms, please contact us at:

Legal Department
Email: [email protected]
Website: https://fansandcreators.com

For support inquiries: [email protected]

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

Version 1.0 – Effective November 3, 2025