Acceptable Use Policy

ACCEPTABLE USE POLICY

Last Modified: December 2022

TERMS OF USE FOR FANS

BY USING OUR WEBSITE AS A FAN YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

Introduction: These Terms of Use for Fans are additional terms which apply if you use CanFans as a Fan (also referred to as “you” and “your” in these Terms of Use for Fans). These Terms of Use for Fans form part of your agreement with us.
Interpretation: In these Terms of Use for Fans, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
1. “GST” means United Kingdom value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and
2. “Tax” shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the UK or any other jurisdiction.
Other terms which will apply to your use of CanFans: The following terms will also apply to your use of CanFans and you agree to them:
1. Our Terms of Use for all Users;
2. Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
3. Our Acceptable Use Policy – which tells you what you can and can’t do on CanFans;
4. Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of CanFans, and how we will deal with that complaint;
5. The Standard Contract between Fan and Creator – which does not form part of your agreement with us, but which governs and sets out the terms applicable to each Fan/Creator Transaction you enter into on CanFans; and
6. Our Community Guidelines – which provide additional terms and guidance regarding your interactions with CanFans.
Other terms which may apply to your use of CanFans: The following additional terms may apply to your use of CanFans:
1. If you are also a Creator, the Terms of Use for Creators will apply to your use of CanFans as a Creator;
2. If you are a Creator who is established or resident in Canada, then the Platform to Business Regulation Terms will also apply to you; and
3. If you participate in the CanFans referral program, the Referral Program Terms will apply to your use of the CanFans Referral Program.
Your commitments to us: You warrant (which means you make a legally enforceable promise) that:
1. you are at least 18 years old;
2. if the laws of the country or State/province where you live 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 live;
3. you will provide such other information or verification records as we require.
4. you are permitted by the laws of the country or State/Province where you are located to join CanFans and to view any Content available on it and to use any functionality provided by it; and
5. you are able and willing to make payment (where required) to view Content available on CanFans which you wish to view and to use any functionality provided by CanFans that you wish to use.
Content – general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Fan on CanFans:
1. You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on CanFans:
  1. the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
  2. you either own your Content (and all intellectual property rights in it) or have a valid license to your Content; and
  3. if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on CanFans.
2. You agree that you will be liable to us and indemnify us if any of the warranties at section 6(a) is untrue. This means you will be responsible for any loss or damage we suffer as a result of any warranty being untrue.
3. We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of CanFans. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
Adult material: You acknowledge that you are aware that some of the Content on CanFans contains adult material, and you agree to take this into account when deciding where to access and view Content. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing 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.
Subscriptions and purchases by Fans: This section describes the terms which apply to Fan/Creator Transactions:
1. All Fan/Creator Transactions are contracts between Fans and Creators on the terms of the Standard Contract between Fan and Creator. Although we facilitate Fan/Creator Transactions by providing the CanFans platform and storing Content we are not a party to the Standard Contract between Fan and Creator or any other contract which may exist between a Fan and Creator, and are not responsible for any Fan/Creator Transactions.
2. Creators are solely responsible for determining (within the parameters for pricing on CanFans) the pricing applicable to Fan/Creator Transactions and the Content to which you may be given access. All prices appear in USD only.
3. Fan Payments are exclusive of GST, which shall be added at the current rate as applicable to Fan Payments.
4. To be able to enter into a Fan/Creator Transaction with a particular Creator, you must first add a payment card to your account and then click the ‘Subscribe’ button on the relevant Creator’s profile.
5. You authorize us and our subsidiary companies to supply your payment card details to a third-party payment provider for the purpose of processing your Fan Payment. All Fan Payments will be charged in USD. 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.
6. If you choose to provide details of two or more payment cards, then if you try to make a Fan Payment from the first card and the card is rejected for any reason, then the other payment card will be used to collect the full Fan Payment.
7. The payment provider will take (i) periodic payments from your payment card for Fan Payments which are Subscriptions; and (ii) immediate payments from your payment card for Fan Payments other than Subscriptions (including any tips paid by you to a Creator). You authorize and consent to each of these payments being debited using your supplied payment card details.
8. Apart from free-trial Subscriptions, all Subscriptions to a Creator’s profile will automatically renew at the end of the relevant subscription period, except if your payment card is declined, the subscription price for the Subscription has increased, or you have turned off the “Auto-Renew” switch located on the relevant Creator’s profile. This means that if you want to stop subscribing to a Creator’s profile and paying continuing monthly subscription charges, you will need to turn off the “Auto-Renew” switch located on the relevant Creator’s profile.
9. If you cancel a Subscription you will continue to be permitted to view the relevant Creator’s Content until the end of the subscription period in which you cancelled, after which no further payments will be taken from your payment card in respect of subscriptions to that Creator’s profile (unless you choose to pay for a new Subscription to that Creator’s profile), and you will no longer be able to view the relevant Creator’s Content.
10. You agree that you will not make unjustified requests for a refund in respect of any Fan/Creator Transaction or tip to a Creator, or unjustified chargeback requests of your payment card provider in relation to any Fan/Creator Transaction or tip to a Creator. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.
11. Wallet credits: You can prepay an amount on CanFans (known as “Wallet Credits”) which you can later use to make Fan Payments. Purchases on CanFans cannot be divided – if you attempt a purchase that costs more than the total amount of your remaining Wallet Credits, your payment card will be charged the full amount for that purchase. Wallet Credits are subject to a maximum amount as determined by us from time to time. Interest will not accrue on Wallet Credits. Wallet Credits are non-refundable, which means that you are not entitled to a refund of any unused Wallet Credits.
Suspension of your User account: If we suspend your User account in accordance with our rights under the Terms of Service, then any Fan 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.

Last updated: December 2021

TERMS OF USE FOR CREATORS

BY USING OUR WEBSITE AS A CREATOR YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

Introduction: These Terms of Use for Creators are additional terms which apply if you use CanFans as a Creator (also referred to as “you” and “your” in these Terms of Use for Creators). These Terms of Use for Creators form part of your agreement with us.
Interpretation: In these Terms of Use for Creators, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
1. “GST” means United Kingdom value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and
2. “Tax” shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the UK or any other jurisdiction.
Other terms which will apply to your use of CanFans: The following terms will also apply to your use of CanFans and you agree to them:
1. Our Terms of Use for all Users;
2. Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
3. Our Acceptable Use Policy – which tells you what you can and can’t do on CanFans;
4. Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of CanFans, and how we will deal with that complaint;
5. The Standard Contract between Fan and Creator – which does not form part of your agreement with us, but which governs and sets out the terms applicable to each Fan/Creator Transaction you enter into on CanFans; and
6. Our Community Guidelines – which provide additional terms and guidance regarding your interactions with CanFans.
Other terms which may apply to your use of CanFans: The following additional terms may apply to your use of CanFans:
1. If you are established or resident in the European Union or the United Kingdom, then the Platform to Business Regulation Terms will also apply to you;
2. If you are also a Fan, the Terms of Use for Fans will also apply to your use of CanFans as a Fan; and
3. If you participate in the CanFans Referral Program, the Referral Program Terms will apply to your use of the CanFans Referral Program.
What are the fees that we charge Creators for the use of CanFans? We charge a fee to you of twenty per cent (20%) of all Fan Payments made to you (exclusive of any GST element of the Fan Payment) (called Our Fee. The remaining eighty per cent (80%) of the Fan Payment (exclusive of any GST element of the Fan Payment) is payable to you (called “Creator Earnings“). Our Fee includes the costs of providing, maintaining and operating CanFans and storing your Content. Our Fee is deducted from the Fan Payment, and Creator Earnings are paid to you in the way described in the Payouts to Creators section below.
How to set up your account as a Creator account: To set up your account as a Creator account:
1. You will need on your User account page to upload a valid form of ID and two photos of you in accordance with the requirements set out here.
2. You will need on your User account page to add a bank account or payment details of your bank account or a payment method.
3. You will need on your User account page to select one of the available methods provided by CanFans as to how your Creator Earnings will be transferred to you. These methods are called Payout Options.
4. If you are registered for GST in the UK, you will need to provide us with your valid UK GST number. See the Promoting Tax compliance and GST section of these Terms of Use for Creators in relation to UK GST.
5. You may also need to submit additional information depending on the country where you live.
6. We may ask you for additional age or identity verification information at any time. We may reject your application to set up a Creator account for any reason, including the reasons stated here.
7. Once you have set up your account as a Creator account, then if you want to charge your Fans a monthly subscription fee you will need to set your subscription price for your Fans within the range allowed by CanFans as set out here.
8. You will then be able to start adding Content and Users will be able to subscribe to your account to become your Fans.
9. If you lose access to your account, you can reset your password, but you will need to know the email address used to set up the account to do so. If you do not recall the email address used to set up the account, we may require you to provide identification documents and photos and any additional evidence we may reasonably require to prove your identity.
Personal legal responsibility of Creators: Only individuals can be Creators. Every Creator is bound personally by the Terms of Service. 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. Our relationship is with you, and not with any third party, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with the Terms of Service.
Fan/Creator Transactions: This section describes the terms which apply to Fan/Creator Transactions:
1. All Fan/Creator Transactions are contracts between Fans and Creators on the terms of the Standard Contract between Fan and Creator. Although we facilitate Fan/Creator Transactions by providing the CanFans platform and storing Content, we are not a party to the Standard Contract between Fan and Creator or any other contract which may exist between a Fan and Creator, and are not responsible for any Fan/Creator Transaction.
2. Fan Payments are exclusive of GST, which shall be added at the current rate as applicable to Fan Payments.
3. When you receive confirmation from CanFans, either in the ‘Statements’ page of your User account or by email (or both), that the Fan/Creator Transaction has been confirmed, you must perform your part of such Fan/Creator Transaction (for example, by allowing the Fan to view the Content on your Creator account and/or providing the customised Content paid for by the Fan and/or allowing the Fan to use the fan interaction function paid for (as applicable)). You agree that you will indemnify us for any breach by you of this obligation (which means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of you failing to comply with this obligation).
Content – general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Creator on CanFans:
1. Your Content is not confidential, and you authorize your Fans to access and view your Content on CanFans for their own lawful and personal use, and in accordance with any licenses that you grant to your Fans.
2. You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on CanFans:
  1. the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
  2. you hold all rights necessary to license and deal in your Content on CanFans, including in each territory where you have Fans and in Canada;
  3. you either own your Content (and all intellectual property rights in it) or have a valid license to offer and supply your Content to your Fans;
  4. if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on CanFans; and
  5. the Content is:
    1. of satisfactory quality, taking account of any description of the Content, the price, and all other relevant circumstances including any statement or representation which you make about the nature of the Content on your account or in any advertising;
    2. reasonably suitable for any purpose which the Fan has made known to you is the purpose for which the Fan is using the Content; and
    3. as described by you.
3. You agree that you will be liable to us and indemnify us if any of the warranties at section 9(b) is untrue. This means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of any of the warranties being untrue.
4. We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of CanFans. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
5. You also agree to act as custodian of records for the Content that you upload to CanFans.
Advertising on CanFans:
1. If you post or upload video Content to your Creator account which is designed to promote, directly or indirectly, a third-party goods, services or image in return for payment, other valuable consideration, or self-promotional purposes (including advertising, sponsorship, and product placement) (together “Advertising Content”), then you must comply with the requirements set out in sections 10(b) and (c) of these Terms of Use for Creators.
2. Requirements – Advertising Content: You must ensure that any Advertising Content which you post to your Creator account:
  1. does not:
    1. prejudice respect for human dignity;
    2. include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
    3. encourage behaviour prejudicial to health or safety;
    4. encourage behaviour grossly prejudicial to the protection of the environment;
    5. cause physical, mental or moral detriment to any person;
    6. directly urge persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
    7. directly encourage persons to persuade others to purchase or rent goods or services;
    8. exploit the trust of persons in others; or
    9. unreasonably show persons in dangerous situations;
  2. does not advertise cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refill containers, illegal drugs, or any prescription-only medicine;
  3. does not advertise, promote, or facilitate illegal gambling, and
  4. in respect of any Advertising Content for alcoholic drinks, is not aimed at minors and does not encourage immoderate consumption of alcohol.
3. Transparency requirement – Advertising Content: You must declare that any Advertising Content which you post or upload to CanFans contains advertising by including the signifier #ad in the caption to the Advertising Content before posting or uploading.
Co-authored Content:
1. If you upload Content to your Creator account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content) (“Co-Authored Content”), you warrant (which means you make a legally enforceable promise to us) that each individual shown in any Co-Authored Content uploaded to your account is i) a Creator on CanFans; or ii) a consenting adult, and that you have verified the identity and age of each such individual and will provide supporting documents as we may request in our discretion.
2. You further warrant that you have obtained and keep on record written consent from each individual shown in your Co-Authored Content that such individual:
  1. has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and
  2. has consented to the Co-Authored Content in which he or she appears being posted on CanFans.
3. In addition to the confirmations in sections 11(a) and (b) above, you agree that if you upload Co-Authored Content where the other person or people appearing in the Content maintain a Creator account on CanFans, you will tag the CanFans account(s) of any person or people appearing in the Co-Authored Content who can be identified from it.
4. If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on CanFans.
5. You agree that we will only arrange for Creator Earnings to be paid to the account of the Creator to which the Co-Authored Content is uploaded. The Creator who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the individuals shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, priGSTe agreement between you and such individual(s), and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Creator Earnings earned on any Co-Authored Content in which you appear but which is posted on another Creator’s account. If you post Co-Authored Content on your account, we may require you to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Creator, terminate your account, and/or withhold all or any portion of Creator Earnings earned but not yet paid out to you.
6. You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Creator(s) who posted Co-Authored Content or the individual(s) who appeared in the Co-Authored Content (as applicable).
Payouts to Creators:
1. All Fan Payments will be received by a third-party payment provider approved by us.
2. If you have chosen the Stripe Payout Option, Stripe will collect the Fan Payment and pay the Creator Earnings to your bank account.
3. Where Stripe is not the Payout Option chosen by you, Our Fee will be deducted from the Fan Payment received and your Creator Earnings will be held by us or one of our subsidiary companies on your behalf.
4. Your CanFans account will be updated within a reasonable time with your Creator Earnings. Your Creator Earnings will become available for withdrawal by you from your CanFans account once such Creator Earnings appear in your CanFans account.
5. To make a withdrawal of Creator Earnings from your CanFans account, you must have at least the minimum payout amount in your CanFans account. Please click on the Banking page on your account to see what the minimum payout amount is for your country of residence and Payout Option.
6. The amount that you see in your ‘current balance’ in your CanFans account is your Creator Earnings at the relevant time. All Fan Payments and Creator Earnings are transacted in USD only. If you have chosen the “Stripe” Payout Option then the Fan Payments and Creator Earnings figures will be reflected in your local currency, at an exchange rate controlled by Stripe. Your bank may charge you currency conversion or transfer fees to receive the money. Additionally, your e-wallet company may charge you a fee for accessing the money. We do not have control over currency exchange rates or charges imposed by your bank or your e-wallet company, and we and our subsidiary companies will not be responsible for paying any charges imposed by your bank or your e-wallet company.
7. If a Fan successfully seeks a refund or chargeback from their credit card provider in respect of a Fan Payment made to you, we may investigate and may decide to deduct from your account an amount equal to the Creator Earnings earned by you on the charged-back or refunded amount.
8. Except for Payout Options involving payment by direct bank transfer, we do not store any data disclosed by you when you register your Payout Options with a third-party payment provider.
Circumstances in which we may withhold Creator Earnings:
1. We may withhold all or any part of the Creator Earnings due to you but not yet paid out:
  1. if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
  2. if you attempt or threaten to breach any part of the Terms of Service 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
  3. if we suspect that all or any part of the Creator Earnings result from unlawful or fraudulent activity, either by you or by the Fan who made the Fan Payment resulting in the Creator Earnings,

for as long as is necessary to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service 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.

1. 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.
2. 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 of Use for Creators.
3. 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 of Service 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 of Service or suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of the Terms of Service 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.
4. 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 Fan Payments which resulted in forfeited Creator Earnings are returned to the relevant Fans who paid such Fan Payments.
Promoting Tax compliance and GST:
1. General:
  1. We recommend that all Creators seek professional advice to ensure you are compliant with your local Tax and GST rules, based on your individual circumstances.
  2. By using CanFans as a Creator, you warrant (which means you make a legally enforceable promise) that you have reported and will report in the future the receipt of all payments made to you in connection with your use of CanFans to the relevant Tax authority in your jurisdiction, as required by law.
  3. By using CanFans as a Creator you warrant (which means you make a legally enforceable promise) that you will at all times comply with all laws and regulations relating to Tax which apply to you. If, at any point whilst you have an CanFans account, any Tax non-compliance occurs in relation to you (including a failure by you to report earnings or the imposition on you of any penalty or interest relating to Tax) or if any litigation, enquiry, or investigation is commenced against you that is in connection with, or which may lead to, any occurrence of Tax non-compliance, you agree that you will:
    1. notify us by email to GST@CanFans.com in writing within 7 days of the occurrence of the Tax non-compliance or the commencement of the litigation, enquiry or investigation (as applicable); and
    2. promptly provide us by email to GST@CanFans.com with:
      1. details of the steps which you are taking to address the occurrence of the Tax non-compliance and to prevent the same from happening again, together with any mitigating factors that you consider relevant; and
      2. such other information in relation to the occurrence of the Tax non-compliance as we may reasonably require.
  4. For the avoidance of doubt, you are responsible for your own Tax affairs and we and our subsidiary companies (i) are not responsible for advising you on your Tax affairs and will not be liable in respect of any general information provided on CanFans or by support@CanFans.com in respect of Tax, and (ii) will not be liable for any non-payment of Tax by Creators.
  5. We reserve the right to close your CanFans account if we are notified of or become aware of any Tax non-compliance by you.
2. UK GST and UK established Creators:
  1. For the purposes of Canadian GST only, Creators are treated as providing their services to CanFans, rather than to Fans directly.
  2. If you are a Creator registered for Canadian GST:

You will be treated, for GST purposes, as charging CanFans your Creator Earnings (80% of all and any Fan Payments), together with Canadian GST at the prevailing rate in force at the time of the Fan Payment;
CanFans also agrees that, subject to the terms set out in this section of these Terms of Use for Creators, you can add UK GST at the prevailing rate in force at the time of the referral payment to the amount of any referral payments payable to you under the Referral Program Terms (” Referral Payments“).
You agree to use the CanFans GST invoice generator tool which can be found at: https://CanFans.com/my/banking/GST/create-document to generate monthly GST invoices, addressed to Fenix International Limited, in respect of your Creator Earnings (and Referral Payments, if any) for the relevant period together with the GST on such Creator Earnings (and Referral Payments, if any);
The GST element added to your Creator Earnings (and Referral Payments, if any) (the “GST Amount”) will be paid to you by way of a separate payment outside of your regular Creator Earnings, provided that you must have submitted to us copies of the following before payment of the GST Amount will be made to you:

1. 1. 1. 1. your GST registration number by completing this form https://CanFans.com/my/banking/GST;
      2. a valid GST invoice generated and submitted using the CanFans GST invoice generator tool and uploaded using https://CanFans.com/my/banking/GST/add-documents; and
      3. a GST return made to HM Revenue & Customs, including a value of taxable supplies equal to or greater than the aggregate value of your Creator Earnings (and Referral Payments, if any) for the relevant period. You can find the monthly earning details at https://CanFans.com/my/stats/earnings;

1. 1. You shall pay the GST Amount which is paid to you directly to HM Revenue & Customs.
  2. If you need any further information or assistance on what is needed in order to receive the GST Amount you can email GST@CanFans.com.
  3. More information on who is required to register for GST in the UK, and the GST position for Creators whose earnings are not above the earnings threshold or who are not GST registered can be found at https://CanFans.com/help/3/120 and in the following guidance from HM Revenue & Customs in the UK at https://www.gov.uk/GST-registration/when-to-register.
  4. You agree that you will keep copies of all GST invoices and GST returns in connection with your earnings from CanFans and you will provide us with copies of such documents within 14 days of our written request that you do so. For the avoidance of doubt, it is your obligation to comply with all provisions of GST legislation and make, give, obtain, maintain and keep accurate, complete and up-to-date records, invoices, accounts and other documents required for the purposes of the GST legislation.
  5. If you are a Creator in the Canada who is not required to register for Canadian GST, then you should monitor the level of taxable sales that you make in Canada (including any Referral Payments) to ensure you have not exceeded the GST registration threshold in Canada. It is your obligation, as a taxable person, to monitor whether you have exceeded the GST registration threshold.
  6. We do not monitor earnings that Creators receive from other income sources. However, we will monitor the annual earnings of UK Creators on our platform, and if you are not already GST registered and your earnings exceed the GST registration threshold, you will receive a notification from us asking you to register for GST. If you receive such a GST registration notification, you agree to register for GST as soon as possible and to send your GST registration number to us at GST@CanFans.com, within 6 weeks of such notification. Failure to do so may result in your CanFans account being closed.

Last updated: December 2021

ACCEPTABLE USE POLICY

BY USING OUR WEBSITE YOU AGREE TO THIS POLICY – PLEASE READ IT CAREFULLY

This Policy applies to your use of CanFans and all Content on CanFans and forms part of your agreement with us. This Policy sets out what is and is not permitted on CanFans.
In this Policy, defined terms have the same meanings as in our Terms of Use for all Users.

Do not use CanFans except for your own personal use and do not sell, rent, transfer, or share your account or any Content obtained from your use of CanFans to or with anyone else.
Only use CanFans in a manner and for a purpose that is lawful.
Do not upload, post, display, or publish Content on CanFans that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening or harassing, or which encourages or promotes violence or any illegal activity.
Do not use CanFans in any way which may exploit, harm, or attempt to exploit or harm any individual under 18 years old, for example by exposing them to inappropriate Content.
Do not upload, post, display, or publish Content on CanFans that:
1. shows, includes or refers to:
  1. any individual under 18 years old (or which refers to individuals under 18 years old generally); or
  2. any other individual unless you have written documentation which confirms that all individuals shown or included or referred to in your Content are at least 18 years old, and you have a written consent from each individual to use their name or images (or both) in the Content;
2. shows, promotes, advertises or refers to:
  1. firearms, weapons, or any goods whose sale, possession or use is subject to prohibitions or restrictions;
  2. drugs or drug paraphernalia;
  3. self-harm or suicide;
  4. incest;
  5. bestiality;
  6. violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, extreme fisting, or genital mutilation;
  7. necrophilia;
  8. urine, scatological, or excrement-related material;
  9. “revenge porn” (being any sexually explicit material featuring any individual who has not given prior, express and fully informed consent to that material (a) being taken, captured, or otherwise memorialized, or (b) being posted and shared on CanFans);
  10. escort services, sex trafficking, or prostitution;
3. contains unsolicited sexual content or unsolicited language that sexually objectifies another User or anyone else in a non-consensual way, or contains fake or manipulated sexual content in relation to another User or anyone else (including “deepfakes”);
4. contains, promotes, advertises or refers to hate speech (being Content intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against, a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic);
5. contains or refers to anyone else’s personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for CanFans including passwords and security questions, financial information including bank account and credit card details, biometric data, and medical records) without that person’s express written consent;
6. either:
  1. in the case of Content featuring public nudity, was recorded in or is being broadcast from a country, State or province where public nudity is illegal; or
  2. in the case of Content featuring sexual activities, was recorded in or is being broadcast from a public place where members of the public are reasonably likely to see the activities being performed (this does not include outdoor places where members of the public are not present, for example private property such as a private backyard, or secluded areas in nature where members of the public are not present).
7. gives the impression that it comes from or is approved, licensed or endorsed by us or any other person or company;
8. causes or is calculated to cause inconvenience, or anxiety to anyone else or which is likely to upset, embarrass, or cause serious offence to anyone else;
9. is used or is intended to be used to extract money or another benefit from anyone else in exchange for removal of the Content; and/or
10. involves or promotes third-party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placements, advertising, or job posting or employment ads without our prior express consent.
You must comply with any requirements set out in our Community Guidelines. Our Community Guidelines can be found here.
Do not use CanFans to stalk, bully, abuse, harass, threaten or intimidate anyone else.
Do not use CanFans to engage in misleading or deceptive conduct, or conduct that is likely to mislead or deceive any other User.
Respect the intellectual property rights of Creators, including by not recording, reproducing, sharing, communicating to the public or otherwise distributing their Content without authorization.
Do not do anything that violates our or someone else’s rights, including intellectual property rights (examples of which are copyright, trademarks, confidential information, and goodwill), personality rights, unfair competition, privacy, and data protection rights.
Do not impersonate us, one of our employees, another User, or any other person or company or falsely state or suggest any affiliation, endorsement, sponsorship between you and us or any other person or company.
Do not provide false account registration information or make unauthorized use of anyone else’s information or Content.
Do not post or cause to be posted any Content which is spam, which has the intention or effect of artificially increasing any Creator’s views or interactions, or which is otherwise inauthentic, repetitive, misleading or low quality.
Do not transmit, stream, or otherwise send any pre-recorded audio or video material during a live stream or otherwise attempt to pass off recorded material as a live stream.
Do not use other media or methods (for example the use of codewords or signals) to communicate anything which violates this Policy.
Do not reproduce, print, distribute, attempt to download, modify, create derisive works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as permitted under the Terms of Service.
Do not knowingly introduce any viruses, trojans, worms, logic bombs or other material into Content which is or may be malicious or technologically harmful.
Do not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of CanFans.
Do not use CanFans in a way that could adversely affect our systems or security or interfere with any other User’s use of CanFans, including their ability to engage in real-time activities through CanFans.
Do not use any automated program, tool or process (such as web crawlers, robots, bots, spiders, and automated scripts) to access CanFans or any server, network or system associated with CanFans, or to extract, scrape, collect, harvest or gather Content or information from CanFans.
Do not use CanFans’ name, logo or any related or similar names, logos, product and service names, designs, or slogans other than in the limited ways which are expressly permitted in the Terms of Service or with our prior written agreement.

Breaches of this Policy may lead to your account being suspended or terminated, and access to your earnings being revoked, as set out in the Terms of Service.

Last updated: December 2022

REFERRAL PROGRAM TERMS

WARNING!

In compliance with regulation 3 of the Trading Scheme Regulations 1997 (as amended) and section the Fair Trading Act, please read the warning below in respect of the CanFans Referral Program:

It is illegal for us or for a participant in the CanFans Referral Program (including Referring Users and Referred Creators) to persuade anyone to make a payment by promising benefits from getting others to join the CanFans Referral Program.
Do not be misled by claims that high earnings are easily achieved from participation in the CanFans Referral Program.
Although we do not demand any payment from Referring Users for the purposes of participating in the CanFans Referral Program, we are legally required to inform you that if you sign this contract, you have 14 days in which to cancel and get your money back.

Introduction: These Referral Program Terms are additional terms which apply if you use the CanFans Referral Program. These Referral Program Terms form part of your agreement with us.
Interpretation: In these Referral Program Terms defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
1. “Referring User” is also referred to as “you” or “your” in these Referral Program Terms;
2. “Referred Creator” means the person who joins CanFans as a Creator via the Referring User’s unique referral link.
What is the CanFans Referral Program? CanFans offers a referral program by which existing Users can introduce people who are interested in becoming Creators to CanFans and receive referral payments from CanFans which are calculated and limited as described in these Referral Program Terms.

The CanFans Referral Program is operated by Fenix International Limited. We are a limited company registered in Canada, with company registration number 10354575 and we have our registered office address at Fourth Floor, somewhere in the Meta Universe.

The rules of the CanFans Referral Program:
1. Only Users of CanFans with a current User account can participate in the CanFans Referral Program. If a User’s account has been suspended or terminated by us for any reason or deleted by the User, that User will not be eligible to participate in the CanFans Referral Program.
2. You will need on your User account page to add a bank account or a payment method details of your bank account or a payment method in order to receive referral payments under the CanFans Referral Program.
3. Each User has a unique referral link (which can be accessed via the User’s User account) which the User may share with others. When sharing your unique referral link you must not impersonate CanFans or give the impression that your referral link is being shared or promoted by us. You must not use Google Ads or any similar advertising platform or search engine advertising service to share or promote your unique referral link. Upon our request, you must disclose the methods by which you share your unique referral link in the Bio/Website field of your CanFans account.
4. The Referred Creator must click on your unique referral link and then register with CanFans using the same browser that they used to click on your unique referral link. If someone registers with CanFans other than by using your unique referral link, we will not link that account to your referral and no referral payments will be made to you.
5. The Referred Creator must not have opened a User account with CanFans (whether under the same name or another name) before clicking on your unique referral link. If the Referred Creator is currently or has previously been a User of CanFans no referral payments will be made to you for the referral.
6. If the Referred Creator sets up more than one User account referral payments will be made to you on the earnings made by the Referred Creator from their first User account only. No referral payments will be made to you on any further User accounts set up by the Referred Creator.
7. No referral payments will be made to you on any referral of a Referred Creator which we determine is owned or operated by you, or is in a commercial relationship with you. 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.
8. You agree that when promoting CanFans in any way as a Referring User:
  - you will not give a false impression of CanFans, the services, programs, and content (including Content) made available through CanFans, its Users or the Terms of Service; and
  - 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 CanFans, or any statements regarding the likely number of Fans.
Referral payments:
1. How are referral payments calculated? Once a Referred Creator has become a registered User of CanFans in accordance with the rules of the CanFans Referral Program described above, the Referring User will be paid a referral payment equal to five per cent (5%) of Fan Payments generated by the Referred Creator in the twelve months after the date on which the Referred Creator becomes a registered User of CanFans, up to a maximum referral payment by CanFans to the Referring User of US$50,000 per Referred Creator.

This means that if a Referred Creator generates Fan Payments with a total value of US$1 million or more in the twelve months after the date on which that Referred Creator becomes a registered User of CanFans, then the Referring User’s referral payments in relation to that Referred Creator will be capped at US$50,000 in total. However, if the Referred Creator generates Fan Payments with a total value of less than US$1 million in the twelve months after the date on which that Referred Creator becomes a registered User of CanFans, then the Referring User will be paid five per cent (5%) of the Fan Payments generated by that Referred Creator in the twelve months after the date on which the Referred Creator becomes a registered User of CanFans, following which no further referral payments will be made to the Referring User in respect of that Referred Creator.

For all referrals made prior to 1 May 2022, referral payments will be made to the relevant Referring Users until 1 May 2023 or until US$50,000 has been paid out to the Referring User on the referral, whichever occurs first.

1. GST: If you are a Referring User you should know that all referral payments payable to you by us will be inclusive of any GST (as defined in the Terms of Use for Creators) which is or becomes chargeable on any supplies made by you, except as provided for in the ” Promoting Tax compliance and GST” section of the Terms of Use for Creators.
2. Warning: In compliance with regulation 3 of the Trading Scheme Regulations of the Fair Trading, please read the warning below in respect of the CanFans Referral Program:
  - It is illegal for us or for a participant in the CanFans Referral Program (including Referring Users and Referred Creators) to persuade anyone to make a payment by promising benefits from getting others to join the CanFans Referral Program.
  - Do not be misled by claims that high earnings are easily achieved from participation in the CanFans Referral Program.
3. Choosing a payout method to receive referral payments: In order to be able to receive referral payments you must first choose one of the payout methods provided by CanFans in your country of residence. These methods are called “Payout Options”.
4. How frequently are referral payments made? The referral payment due to you on Fan Payments made to the Referred Creator in a calendar month will be transferred to you on or around the first day of the next calendar month (which means, for example, that referral payments due to you in respect of Fan Payments made to the Referred Creator in February shall be paid to you on or around 1 March).
5. Who bears the cost of the referral payment? The cost of the referral payment is borne by us, not the Referred Creator.
Our rights relating to the referral program.
1. If referral payments have been made incorrectly then we have the right to recover the wrongly paid sums from the User to whom the wrongly paid sums have been paid.
2. We may request you or Referred Creators (or both) to provide us with ID and other information reasonably required by us to verify any referral payment to be made and the person to whom any referral payment should be made. Failure to provide any information requested by us may lead to you losing your entitlement to referral payments in respect of the relevant Referred Creator.
3. We may change any aspect of the CanFans Referral Program (including how referral payments are calculated) or discontinue the CanFans Referral Program at any time, but no change will deprive any Referring User of referral payments already earned based on Fan Payments made to Referred Creators before the changes came into effect.
Circumstances in which we may withhold referral payments:
1. We may withhold all or any part of the referral payments due to you but not yet paid out:
  - if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
  - if you attempt or threaten to breach any part of the Terms of Service 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
  - if we suspect that all or any part of the referral payments due to you result from unlawful or fraudulent activity, either by you, by the Fan who made the Fan Payment to the Referred Creator which resulted in the referral payment, or by the Referred Creator to whom the Fan Payment was made which resulted in the referral payment,

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 Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service 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.

1. We may also withhold all or any part of the referral payments 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, referral payments. We undertake no duty to pay referral payments to third-party lienholders and may withhold payment of Creator Earnings until the lien has been removed.
2. We shall not have any responsibility to you if we withhold or forfeit any payment due to you under the CanFans Referral Program where we have a right to do so under these Referral Program Terms.
3. 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 Terms of Service 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 Terms of Service or suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of the Terms of Service 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.

Last updated: December 2021

COMPLAINTS POLICY

Introduction: This document set out our complaints policy. If you are a User of CanFans, this Complaints Policy forms part of your agreement with us.
Who we are and how to contact us: CanFans is operated by Canfans International Limited. We are a limited company registered in Canada, with company registration number 10354575 and we have our registered office address at Fourth Floor, somewhere in The Meta Universe.
Interpretation: In this Complaints Policy, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition, the term “business days” means any day which is not a Saturday, Sunday or public holiday in England.
Who can use this Complaints Policy? Whether or not you are a User of CanFans, you can use this Complaints Policy to alert us to any complaint which you have relating to CanFans.
How to make a complaint: If you have a complaint about CanFans (including any complaint about Content appearing on CanFans or the conduct of a User), please send your complaint to support@CanFans.com including your name, address, contact details, a description of your complaint and, if your complaint relates to Content, the URL for the Content to which your complaint relates.

If you are unable to contact us by email, please write to us at the following address: Fourth Floor, somewhere in The Meta Universe.

How we will deal with complaints of illegal or non-consensual Content: Following receipt of your complaint of illegal or non-consensual Content under section 5 above:
1. we will take such steps as we consider to be appropriate to investigate your complaint within a timescale which is appropriate to the nature of your complaint;
2. if we require further information or documents from you, we will contact you to let you know;
3. we will in good faith investigate your complaint within seven (7) business days;
4. if we are satisfied that the Content is unlawful or non-consensual, we will immediately remove such Content, and we will notify you of our decision by email or other electronic message;
5. if we are satisfied that the Content is not unlawful or non-consensual, we will notify you of our decision by email or other electronic message.

Any dispute regarding our determination that Content is non-consensual will be submitted by us to a neutral arbitration association at our expense.

How we will deal with complaints related to copyright infringement: Complaints related to copyright infringement must be submitted in accordance with our Policy, and we will respond to copyright infringement complaints as set out in such policy.
How we will deal with other complaints: Following receipt of other complaints (including complaints related to other breaches of our Acceptable Use Policy) under section 5 above:
1. we will take such steps as we consider to be appropriate to investigate your complaint within a timescale which is appropriate to the nature of your complaint;
2. if we require further information or documents from you, we will contact you to let you know;
3. we will in good faith take such actions as we consider appropriate to deal with the issue which your complaint has raised. If you have complained about Content which appears on CanFans and we are satisfied that the Content otherwise breaches our Acceptable Use Policy, we will act quickly to remove such Content;
4. we are not obligated to inform you of the outcome of your complaint.
Unjustified or abusive complaints: If you are a User of CanFans, you warrant (which means you make a legally enforceable promise) that you will not make any complaint under this Complaints Policy which is wholly unjustified, abusive, or made in bad faith. If we determine that you have breached this warranty, we may suspend or terminate your User account.

Last updated: December 2022

PLATFORM TO BUSINESS REGULATION TERMS

Introduction: These Platform to Business Regulation Terms form part of the Terms of Service.
Interpretation: In these Platform to Business Regulation Terms, unless otherwise stated, defined terms have the same meanings given to them in the Terms of Use for all Users.
Do these Platform to Business Regulation Terms apply to me? These Platform to Business Regulation Terms only apply to Creators who are established or resident in the European Union or the United Kingdom (also referred to as “you” and “your“). If these Platform to Business Regulation Terms apply to you, they form part of your agreement with us.
What do these Platform to Business Regulation Terms include? These Platform to Business Regulation Terms provide information about our practices to comply with the fairness and transparency requirements set out in (the “Platform to Business Regulation“).
Promoting Creators via other distribution channels: We may choose to promote you via our Instagram (www.instagram.com/CanFans) and Twitter (www.twitter.com/CanFans) social media accounts.
Ranking on CanFans: We randomly suggest potential Creators for a User to follow based on the Creators that have earned money on CanFans in the previous 30 days. We have no ranking system. There is no search/discovery feature on CanFans.
Complaints: If you have a complaint about:
1. any alleged non-compliance by us with any obligations laid down in the Platform to Business Regulation which affect you; or
2. technological issues relating directly to CanFans and which affect you; or
3. measures taken by us or our conduct which relate directly to CanFans and which affect you,

then please submit your complaint to support@CanFans.com.

Complaint-handling process: Following receipt of your complaint under section 7 above, we will:
1. consider your complaint and the follow-up which we may need to give to your complaint (including asking you for further information or documents) in order to adequately address the issue raised;
2. process your complaints within a reasonable time, taking into account the importance and complexity of the issue raised; and
3. communicate to you in plain and intelligible language by email or by message to your CanFans account the outcome of the internal complaint-handling process.