๐Ÿ“„ Legal

Follow'd Terms of Service

Effective Date: March 23, 2025  ยท  Last Updated: March 23, 2025

PLEASE READ THESE TERMS CAREFULLY BEFORE USING FOLLOWD. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

BINDING ARBITRATION & CLASS ACTION WAIVER: Section 17 of these Terms contains a binding arbitration agreement and class action waiver. By using the Platform, you agree to resolve most disputes through individual binding arbitration rather than in court, and you waive your right to participate in any class action. Please read Section 17 carefully.

AGE RESTRICTION: Followd is available only to individuals who are 18 years of age or older. No person under the age of 18 may create an account, access any content, or use any feature of the Platform.

Welcome to Followd. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Followd, Inc., a Delaware corporation ("Followd," "we," "our," or "us"), governing your access to and use of our website at followd.com, our mobile applications, and all related features, tools, and services (collectively, the "Platform").

By creating an account, accessing the Platform, clicking "I Agree" or "Sign Up," or otherwise using the Platform in any manner, you represent that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any supplemental policies or guidelines we publish (together, the "Agreement"). If you do not agree, do not access or use the Platform.

These Terms were informed by industry practices across leading creator platforms including Patreon, OnlyFans, Fanfix, Passes, Stacked, Cameo, and Intro, as well as applicable U.S. consumer platform standards.

SECTION 1 โ€” DEFINITIONS

As used in these Terms, the following capitalized terms have the meanings set forth below:

SECTION 2 โ€” ELIGIBILITY

2.1 Age Requirement

The Platform is available only to individuals who are 18 years of age or older. By accessing or using the Platform in any manner, you represent and warrant that you are at least 18 years old. Followd reserves the right to verify age at any time and to immediately terminate any account where we have a reasonable basis to believe the User is under 18. Any amounts paid to Followd by or on behalf of an underage user may be forfeited, and Followd may report such activity to appropriate authorities.

You further represent and warrant that: (a) you have full legal capacity to enter into a binding contract under the laws of your jurisdiction; (b) you are not prohibited by applicable law from using the Platform; (c) you are not located in, and are not a resident or national of, any country subject to a U.S. government embargo, or designated by the U.S. government as a "terrorist supporting" country; and (d) you do not appear on any U.S. government list of prohibited or restricted parties, including any list maintained by the U.S. Department of Treasury Office of Foreign Assets Control ("OFAC").

2.3 No Prior Bans

You may not create a new account or otherwise use the Platform if Followd has previously terminated, suspended, or banned your account for any reason. Circumventing a prior suspension by registering under a different name, email address, or identity is a material breach of these Terms and may result in immediate permanent termination of all associated accounts and potential legal action.

2.4 Creator Eligibility

In addition to the foregoing, Creators must: (a) complete Followd's identity verification process, including submission of a valid, government-issued photo ID; (b) provide valid tax identification information as required by applicable law; and (c) comply with all Creator-specific requirements set forth in Section 5.

SECTION 3 โ€” ACCOUNT REGISTRATION AND SECURITY

3.1 Account Creation

To access certain features of the Platform, you must create an account. You agree to provide accurate, current, and complete information during registration, and to update such information promptly to keep it accurate, current, and complete. Followd may require different levels of verification depending on account type (Fan versus Creator).

3.2 One Account Per Person

Each User may maintain only one active account of each type (one Fan Account and one Creator Account). You may not create accounts on behalf of others without their express written consent. You may not allow any other person to access or use your account.

3.3 Username and Identity

Your username must not: (a) impersonate any other person or entity; (b) incorporate any third-party trademark, brand name, or celebrity name without appropriate authorization; (c) be obscene, offensive, or harassing; or (d) mislead other Users about your identity. Followd reserves the right to reclaim or require you to change any username that violates these requirements.

3.4 Account Security

You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to: (a) select a strong, unique password; (b) enable two-factor authentication when offered; (c) immediately notify Followd at legal@followd.com of any unauthorized access to or use of your account; and (d) log out from your account at the end of each session, particularly on shared devices.

Followd will not be liable for any loss or damage resulting from your failure to safeguard your account credentials. We reserve the right to cooperate with law enforcement in investigating unauthorized access or fraudulent account activity.

3.5 Third-Party Sign-In

We may allow you to create or log in to your account using third-party credentials (e.g., Google, Apple). By doing so, you authorize Followd to access certain information from those third-party accounts as described in our Privacy Policy. You remain responsible for compliance with the terms of service of any such third-party platform.

3.6 Account Managers and Agents

Creators may authorize agents or management companies to assist with operating their Creator Account. Notwithstanding any such delegation, the Creator remains personally responsible for all activity conducted through their Creator Account, all Content posted, and all obligations under these Terms. Third-party managers are not parties to these Terms and Followd bears no liability for any agreement between a Creator and such manager.

SECTION 4 โ€” DESCRIPTION OF THE PLATFORM

4.1 What Followd Is

Followd is a creator commerce platform that enables Creators to build direct monetization relationships with their Fans. The Platform facilitates, among other things: subscription-based memberships, one-time content purchases, tipping, Custom Requests, Physical Goods sales, and Livestreaming. Followd provides the technology infrastructure and payment processing facilitation but is not a party to transactions between Creators and Fans except as expressly stated herein.

4.2 Platform as Venue

Followd acts as a marketplace and technology venue, not as an employer, agent, partner, or joint venturer of any Creator. We do not pre-screen Creator Content (except to the limited extent described in Section 11), do not guarantee the quality or delivery of any Creator's content, products, or services, and are not responsible for any disputes between Creators and Fans. The relationship between a Creator and Fan is direct and independent.

4.3 Platform Modifications

We are constantly improving the Platform. Followd reserves the right, at any time and in its sole discretion, to add, modify, suspend, or discontinue any feature, functionality, or aspect of the Platform, with or without notice. Followd shall not be liable to you or any third party for any modification, suspension, or discontinuance of any Platform feature.

SECTION 5 โ€” CREATOR TERMS

5.1 Creator Account Registration

To register as a Creator, you must: (a) complete the standard User registration process; (b) submit a valid, government-issued photo ID for identity verification; (c) provide your legal name, date of birth, and address for tax compliance purposes; (d) complete any additional KYC ("Know Your Customer") or AML ("Anti-Money Laundering") verification required by Followd or its payment processors; and (e) connect a valid payout method (bank account or supported payment service). Followd may reject any Creator application in its sole discretion.

5.2 Creator Representations and Warranties

By registering and operating a Creator Account, you represent, warrant, and covenant on a continuing basis that:

5.3 Creator Content Ownership and License to Followd

You retain ownership of all Intellectual Property Rights in your Creator Content. However, by publishing Creator Content on the Platform, you grant Followd a worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to host, store, display, reproduce, distribute, adapt, and make available your Creator Content solely for the purpose of: (a) operating and providing the Platform; (b) displaying Creator Content to authorized Fans; (c) promoting Followd and the Platform in marketing materials (including social media, advertisements, and press), subject to the limitations in Section 5.4; and (d) complying with applicable legal obligations.

This license terminates when you permanently delete Creator Content from the Platform or close your Creator Account, except: (i) to the extent necessary to fulfill outstanding Fan obligations; (ii) to the extent copies have already been made by authorized Fans; (iii) with respect to aggregated, anonymized usage data; and (iv) as required by law.

5.4 Marketing Use Limitation

Followd will not use your name, likeness, or Creator Content in paid advertising campaigns without your prior written consent. We may, however, display your Creator profile, username, and publicly available Creator Content in organic promotional contexts (e.g., "featured creators" sections, social media posts highlighting the platform) without separate consent, as this is inherent to the nature of a public creator marketplace.

5.5 Content Responsibility

Creators are solely responsible for all Creator Content they publish. Followd does not endorse, verify, or guarantee the accuracy, quality, or legality of any Creator Content. Creators agree to promptly remove any Content upon Followd's request where Followd determines, in its reasonable discretion, that such Content violates these Terms, applicable law, or third-party rights.

5.6 FTC Disclosure Requirements

Creators who receive free products, compensation, or other consideration from third parties in connection with Creator Content must include clear and conspicuous disclosures in accordance with the FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255) and the FTC's guidance for social media influencers. Followd reserves the right to require modification or removal of non-compliant Content and to suspend payouts pending compliance.

5.7 AI-Generated Content

Creators may publish AI-assisted or AI-generated Content subject to the following requirements: (a) any Content that is substantially generated by artificial intelligence must be clearly labeled as "AI-Generated" or "Created with AI" in a manner visible to Fans before purchase; (b) AI-generated Content depicting real, identifiable individuals requires those individuals' written consent; (c) AI-generated Content that depicts fictional minors in any sexual or inappropriate context is absolutely prohibited; and (d) Creators may not use AI tools that were trained on third-party data in violation of those parties' rights.

SECTION 6 โ€” FAN AND BUYER TERMS

6.1 Fan Access

Fans may browse public areas of the Platform without registering. To subscribe, purchase Content, send Tips, submit Custom Requests, or access gated content, Fans must create a registered account and provide valid payment information.

6.2 Fan Representations

By using the Platform as a Fan, you represent and warrant that: (a) you are at least 18 years old; (b) you will use Creator Content solely for personal, non-commercial purposes; (c) you will not reproduce, redistribute, resell, or share Creator Content with third parties outside of the Platform without the Creator's express consent; (d) you will not record, screenshot, or otherwise capture and distribute Creator Content in violation of the Creator's rights; and (e) you will not use the Platform to harass, stalk, or otherwise harm any Creator or other User.

6.3 Prohibition on Content Leaking

Fans are strictly prohibited from distributing, posting, transmitting, publishing, or otherwise making available any gated or subscription-only Creator Content outside the Platform ("Leaking"). This prohibition applies regardless of whether the Leaked Content is distributed for free or for compensation. In addition to any other remedy available to Followd or the applicable Creator, if a Fan Leaks Creator Content, Followd may impose a liquidated damages fee of $150 per individual piece of Leaked Content per platform or medium on which the Leaked Content is found, recoverable against the Fan's payment method on file. The parties agree these amounts represent a reasonable pre-estimate of harm and not a penalty.

6.4 Personal and Non-Commercial Use Only

Access to Creator Content through the Platform grants Fans a limited, personal, non-exclusive, non-transferable, revocable license to view and experience the Content. No Fan may use Creator Content for commercial purposes, create derivative works, or otherwise exploit Creator Content beyond personal viewing without the Creator's express, separate written license.

6.5 Fan Responsibilities for Custom Requests

When submitting a Custom Request, Fans must: (a) provide accurate, complete, and lawful instructions; (b) not request Content that violates Section 11 (Content Standards); (c) understand that Custom Requests are generally non-refundable once the Creator has begun fulfillment; and (d) accept that Creators retain final discretion over whether to accept or decline any Custom Request.

SECTION 7 โ€” PAYMENTS, FEES, SUBSCRIPTIONS, AND PAYOUTS

7.1 Payment Processing

All payments on the Platform are processed through Followd's third-party payment processors ("Payment Processors"). By submitting payment information, you authorize Followd and its Payment Processors to charge your designated payment method for all amounts due. Followd does not store full payment card data on its own systems; such data is handled by the Payment Processor under their applicable security standards (e.g., PCI-DSS). Your use of payment processing features is also subject to the Payment Processor's terms of service.

7.2 Platform Fee

Followd charges a Platform Fee on Creator earnings as disclosed in the Creator's account dashboard. The current Platform Fee schedule is incorporated into these Terms by reference and may be updated upon 30 days' advance notice to Creators. Followd deducts the Platform Fee from Gross Revenue before remitting Net Revenue to the Creator. For the avoidance of doubt, the Platform Fee is Followd's fee for use of the Platform infrastructure and is not refundable.

7.3 Subscriptions โ€” Recurring Billing

Subscriptions are billed on a recurring basis (monthly or at such other intervals as offered by the Creator). By purchasing a Subscription, you authorize Followd to automatically charge your payment method at the beginning of each billing period until you cancel. Subscription prices may change with 30 days' notice to active subscribers. Cancellations take effect at the end of the current billing period; you will retain access until that date. No partial refunds are provided for unused subscription periods, except as required by applicable law.

7.4 One-Time Purchases and Tips

One-time purchases (including individual content purchases, Custom Requests, and Physical Goods) and Tips are non-refundable, except: (a) as required by applicable law; (b) where Followd determines a Creator has materially failed to deliver a paid deliverable; or (c) in the event of verified fraud. All amounts are quoted in U.S. dollars unless otherwise stated.

7.5 Creator Payouts

Followd will remit Net Revenue to Creators on a [bi-weekly / monthly] basis, subject to: (a) the Creator's payout account being in good standing; (b) the Creator having met any applicable minimum payout threshold (as disclosed in the Creator dashboard); and (c) the Creator having provided complete and accurate tax information as required by Section 7.7. Followd reserves the right to delay or withhold payouts in the circumstances described in Section 7.6.

7.6 Payout Withholding

Followd may withhold all or part of a Creator's pending payout if: (a) Followd has reason to believe the Creator has violated these Terms; (b) Followd reasonably suspects fraud, money laundering, or other unlawful activity; (c) a Fan dispute, chargeback, or payment reversal is pending with respect to the relevant funds; (d) outstanding Creator Content raises potential third-party intellectual property claims; or (e) Followd is required to do so by law, court order, or regulatory direction. Followd will notify the Creator of any withholding and the reason, where legally permissible. Withheld funds may be forfeited if the underlying violation is confirmed.

7.7 Chargebacks

In the event a Fan initiates a chargeback or payment reversal with their financial institution, Followd may deduct the corresponding amount (plus any chargeback fees imposed by the Payment Processor) from the Creator's pending or future payouts, to the extent the chargeback is upheld. Followd will provide Creators with reasonable notice and an opportunity to submit evidence disputing the chargeback. Followd's decision in connection with chargeback handling is final in the absence of manifest error.

7.8 Taxes

Creators are solely responsible for all taxes arising from their use of the Platform and receipt of earnings, including income taxes, self-employment taxes, and any VAT, GST, or similar taxes in applicable jurisdictions. Followd will issue IRS Form 1099-K or other required tax forms to qualifying Creators in accordance with applicable law. Creators must provide accurate taxpayer identification information (Form W-9 for U.S. persons, Form W-8BEN for non-U.S. persons, or equivalent). Followd reserves the right to withhold amounts from payouts as required by applicable tax law, including backup withholding.

7.9 No Off-Platform Payments

Creators and Fans may not use the Platform to solicit or arrange payments outside of Followd's payment infrastructure for any transaction that originates on the Platform. Directing Fans to external payment apps (e.g., Venmo, CashApp, PayPal, Zelle, cryptocurrency wallets) for Platform-originated transactions is a material breach of these Terms and may result in immediate account suspension.

7.10 Pricing and Currency

All transactions on the Platform are denominated in U.S. dollars. Fans located outside the United States may be subject to currency conversion fees charged by their financial institution. Followd is not responsible for currency exchange rates or related fees.

SECTION 8 โ€” PHYSICAL GOODS AND MERCHANDISE

8.1 Creator Responsibility for Physical Goods

Creators who sell Physical Goods through the Platform are solely responsible for: (a) the accuracy of all product listings, including descriptions, images, dimensions, materials, and pricing; (b) inventory management; (c) lawful fulfillment and timely shipment; (d) compliance with all applicable consumer product safety laws and regulations; (e) any warranties, representations, or guarantees made regarding the Physical Goods; and (f) handling returns, exchanges, and customer service related to Physical Goods, subject to any minimum standards Followd may establish.

8.2 Prohibited Physical Goods

Creators may not list, sell, or facilitate the sale of Physical Goods that: (a) are illegal or regulated without appropriate licenses (including controlled substances, firearms, or prescription items); (b) are counterfeit or infringe third-party Intellectual Property Rights; (c) have been recalled by any government authority or manufacturer for safety reasons; (d) contain hazardous materials requiring special handling or shipping restrictions; (e) include animal products derived from endangered species; or (f) are otherwise prohibited by Followd in its sole discretion.

8.3 Shipping and Fulfillment

Creators must ship Physical Goods within the timeframe stated in the product listing, and in no event later than 14 days after receiving payment (unless a longer pre-order period is clearly disclosed at point of sale). Creators must provide valid tracking information to Followd upon shipment. Followd may suspend a Creator's ability to sell Physical Goods in the event of repeated fulfillment failures.

8.4 Followd as Venue Only

Followd is a venue for Physical Goods transactions and is not a seller, manufacturer, distributor, or warrantor of any Physical Goods. Followd is not responsible for product defects, shipping delays, or any harm arising from Physical Goods purchased through the Platform, except to the extent Followd is the identified seller at point of sale.

SECTION 9 โ€” LIVESTREAMING

9.1 Livestream Standards

Creators who conduct Livestreams through the Platform must comply with all Content standards set forth in Section 11 in real time. By their nature, Livestreams may not be pre-reviewed by Followd. Creators bear full responsibility for the content of all Livestreams, including any third-party participants or guests who appear.

9.2 Recording and Replay

Unless a Creator expressly disables recording at the time of the Livestream, Followd may store Livestream recordings and make them available for replay to subscribed Fans. Creators may control availability of recordings through their account settings. Followd's license to Livestream recordings is the same as described in Section 5.3.

9.3 Livestream Disruptions

Followd does not guarantee uninterrupted Livestream service. We may terminate any Livestream at any time if we determine, in our sole discretion, that the Livestream violates these Terms or applicable law. Followd is not responsible for any loss of revenue or reputation arising from technical failures or forced terminations of Livestreams.

9.4 Third-Party Rights in Livestreams

Creators are solely responsible for ensuring that all music, third-party content, and other materials included in a Livestream are properly licensed. Followd reserves the right to mute or terminate Livestreams that trigger third-party copyright claims, including those processed through automated content recognition systems.

SECTION 10 โ€” CUSTOM REQUESTS

10.1 Custom Request Mechanics

Creators may offer to fulfill Custom Requests (e.g., personalized video messages, shout-outs, voice recordings, illustrations, written pieces, or similar personalized deliverables) at prices and turnaround times set by the Creator. When a Fan submits and pays for a Custom Request, the Creator has sole discretion whether to accept or decline. Payment is collected at the time of submission and held in escrow pending delivery.

10.2 Delivery

Once a Creator accepts a Custom Request, the Creator must fulfill and deliver the requested item within the timeframe stated at acceptance, or such default timeframe as Followd may establish. If a Creator fails to deliver within the stated timeframe, Followd may, in its discretion, issue a refund to the Fan and debit the amount from the Creator's pending payouts.

10.3 Content of Custom Requests

Custom Requests are subject to all Content Standards in Section 11. Creators must decline any Custom Request that would require them to produce Prohibited Content. Fans who submit Custom Request specifications for Prohibited Content will be in material breach of these Terms, and Followd may terminate their account.

10.4 No Solicitation of Off-Platform Services

Custom Requests may not be used to arrange in-person meetings, sexual services, escort services, or any activity that constitutes an offer or solicitation of physical services or contact. Any such use is a material breach of these Terms and will result in immediate account termination.

SECTION 11 โ€” CONTENT STANDARDS AND ACCEPTABLE USE

11.1 General Principle

All User Content must comply with these Terms and all applicable federal, state, and local laws and regulations. Users are solely responsible for the Content they post. Followd reserves the right, but not the obligation, to monitor, review, remove, or restrict access to any User Content at any time and for any reason in its sole discretion.

11.2 Prohibited Content

The following categories of Content are absolutely prohibited on the Platform under all circumstances ("Prohibited Content"):

Child Safety

Non-Consensual Content

Violence and Harm

Hate Speech and Discrimination

Illegal Activity

Privacy Violations

Intellectual Property Infringement

Platform Integrity

11.3 Adult Content Policy โ€” SFW Platform

Followd operates as a Safe For Work ("SFW") platform. Sexually explicit content, nudity, and pornographic material are not permitted on the Platform in any form, regardless of whether it is gated, subscription-only, or otherwise restricted. This includes but is not limited to:

Creators seeking to publish adult content should consider platforms designed for that purpose. Followd reserves the right to remove any Content that, in its reasonable judgment, approaches or crosses the SFW threshold, even if not explicitly sexual.

11.4 Mature Non-Sexual Content

Mature, non-explicit Content (e.g., strong language, moderate violence in artistic contexts, dark themes) may be permitted at Followd's discretion where the Creator's page is properly labeled as "Mature" or "18+" in their profile settings. Such labeling does not authorize any Prohibited Content under Section 11.2 or explicit sexual content under Section 11.3.

11.5 Enforcement

Followd may take any of the following actions in response to violations of this Section 11, in its sole discretion: (a) removal or restriction of specific Content; (b) issuance of a warning; (c) temporary suspension of the violating account; (d) permanent termination of the violating account; (e) withholding of pending payouts; (f) reporting to law enforcement or regulatory authorities; and/or (g) pursuing civil remedies. Prior warnings are not required for severe violations (including but not limited to any child safety violation).

11.6 Reporting Mechanism

Users may report Prohibited Content or violations of these Terms via the in-Platform reporting tool or by contacting trust@followd.com. Followd will review reports in good faith and respond within a commercially reasonable time, though Followd does not guarantee removal of all reported Content.

SECTION 12 โ€” INTELLECTUAL PROPERTY RIGHTS

12.1 Followd's Intellectual Property

The Platform, including its visual design, user interface, software, code, trademarks, service marks, logos, trade dress, and all other Platform-specific elements ("Followd Materials"), are owned by or licensed to Followd and are protected by U.S. and international copyright, trademark, and other Intellectual Property laws. Nothing in these Terms grants you any rights in or to Followd Materials except the limited license described in Section 12.3.

12.2 Creator Content Ownership

As between Creator and Followd, Creators retain ownership of all Intellectual Property Rights in their Creator Content, subject to the license granted in Section 5.3. As between Creator and Fan, Fans receive only the limited personal license described in Section 6.4 and acquire no ownership rights in Creator Content.

12.3 License to Users

Subject to your compliance with these Terms, Followd grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and Followd Materials solely for the purpose of accessing and engaging with the Platform as a registered User. All rights not expressly granted herein are reserved by Followd.

12.4 Feedback

If you submit ideas, suggestions, feedback, or proposals regarding the Platform ("Feedback"), you grant Followd a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, adapt, commercialize, and incorporate such Feedback into the Platform or any other Followd product or service, without any obligation of attribution, confidentiality, or compensation to you.

12.5 Data and Analytics

Followd may collect, aggregate, and analyze usage data and metrics across the Platform ("Platform Data"), including data related to Creator performance, Fan engagement, and transaction patterns. Followd owns all rights in and to aggregated and anonymized Platform Data. Creator-specific analytics are made available to Creators through their account dashboard pursuant to our Privacy Policy.

12.6 AI Training Prohibition

Without Followd's express prior written consent, no User Content may be scraped, harvested, or used to train, fine-tune, or otherwise develop any artificial intelligence, machine learning, or large language model system. Followd expressly reserves the right to take legal action against any entity that violates this prohibition.

13.1 DMCA Compliance

Followd respects the Intellectual Property Rights of third parties and complies with the Digital Millennium Copyright Act of 1998 ("DMCA"), 17 U.S.C. ยง 512. If you believe that Content on the Platform infringes your copyright, you may submit a DMCA takedown notice to our designated Copyright Agent.

13.2 DMCA Takedown Notice

A valid DMCA takedown notice must include: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the allegedly infringing material and its location on the Platform; (d) your contact information; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

Submit DMCA notices to:

Followd, Inc.

Attn: Copyright Agent / DMCA

legal@followd.com

[Physical address to be inserted upon incorporation]

13.3 Counter-Notice

If you believe Content was removed in error, you may submit a counter-notice pursuant to 17 U.S.C. ยง 512(g)(3) to the Copyright Agent identified above. A valid counter-notice must include: (a) your signature; (b) identification of the removed material and its former location; (c) a statement under penalty of perjury that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification; and (d) your consent to jurisdiction of federal court for your district.

13.4 Repeat Infringer Policy

It is Followd's policy to terminate, in appropriate circumstances, the accounts of Users who are repeat copyright infringers. Followd will make this determination in its reasonable discretion based on the volume, nature, and pattern of copyright claims.

SECTION 14 โ€” PRIVACY, DATA, AND COMMUNICATIONS

14.1 Privacy Policy

Your use of the Platform is subject to our Privacy Policy, available at followd.com/privacy, which is incorporated into these Terms by reference. Our Privacy Policy explains how we collect, use, store, and share information about you. By using the Platform, you consent to the data practices described in the Privacy Policy.

14.2 SMS and Push Notifications

By providing your phone number during registration or opting in to SMS communications, you consent to receiving text messages (SMS/MMS) from Followd or its authorized service providers, which may include transactional messages (receipts, payout notifications), operational messages (security alerts), and where separately consented, marketing communications. Standard carrier message and data rates may apply. You may opt out of marketing SMS at any time by replying STOP. Opting out of transactional SMS may affect your ability to use certain Platform features.

14.3 Session Replay and Analytics

Followd may use session replay software and analytics tools to record and analyze User interactions with the Platform (e.g., clicks, scrolls, page flows) for the purpose of improving Platform functionality and User experience. Such tools may collect Usage Data as described in the Privacy Policy. By using the Platform, you consent to this data collection.

14.4 No Professional Advice

No Creator Content or other information available on the Platform constitutes legal, medical, financial, psychological, or other professional advice. Users should not rely on Platform Content for decisions requiring professional expertise.

15.1 Third-Party Services

The Platform may integrate with or contain links to third-party websites, applications, payment processors, shipping providers, and other services ("Third-Party Services"). These Third-Party Services are governed by their own terms of service and privacy policies. Followd has no control over and assumes no responsibility for the content, availability, or practices of any Third-Party Services. Links or integrations do not constitute endorsement by Followd.

15.2 Payment Processors

Your financial information is collected and processed by our Payment Processors, not directly by Followd. You should review the Payment Processor's terms and privacy policy before submitting payment information. Followd is not liable for any error, security breach, or unauthorized use of payment information occurring at the Payment Processor level.

15.3 Shipping Providers

Physical Goods shipments are handled by Creators and third-party carriers. Followd is not responsible for shipping delays, lost packages, or damage occurring in transit.

SECTION 16 โ€” DISCLAIMERS AND WARRANTIES

THE FOLLOWING SECTION LIMITS FOLLOWD'S LIABILITY. PLEASE READ CAREFULLY.

16.1 Platform Provided "As Is"

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL CONTENT AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. FOLLOWD EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CREATOR CONTENT OR OTHER CONTENT ON THE PLATFORM; AND (D) WARRANTIES THAT ANY DEFECTS WILL BE CORRECTED.

16.2 No Warranty Regarding Creators

Followd does not verify, endorse, warrant, or guarantee: (a) the identity, credentials, or qualifications of any Creator; (b) the quality, accuracy, legality, or fitness of any Creator Content; (c) that any Creator will deliver paid Custom Requests, Physical Goods, or subscription benefits as promised; or (d) that any Creator account is operated personally by the named Creator (as opposed to an authorized manager). Users interact with Creators at their own risk.

16.3 No Warranty Regarding Fan Conduct

Followd does not warrant or guarantee that Fans will comply with their obligations under these Terms, including the prohibition on Content Leaking. Followd provides enforcement tools on a commercially reasonable basis but cannot guarantee prevention of all unauthorized Content distribution.

16.4 Jurisdictional Exceptions

Some jurisdictions do not permit the exclusion of implied warranties. In such jurisdictions, the foregoing disclaimers apply only to the maximum extent permitted by applicable law.

SECTION 17 โ€” LIMITATION OF LIABILITY

IMPORTANT: THIS SECTION SIGNIFICANTLY LIMITS FOLLOWD'S POTENTIAL LIABILITY TO YOU.

17.1 Exclusion of Consequential Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOLLOWD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SUCCESSORS (COLLECTIVELY, "FOLLOWD PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR: LOSS OF PROFITS OR REVENUE; LOSS OF SUBSCRIBERS OR FANS; LOSS OF DATA OR CONTENT; LOSS OF BUSINESS OR GOODWILL; BUSINESS INTERRUPTION; PERSONAL INJURY; EMOTIONAL DISTRESS; OR THE COST OF SUBSTITUTE GOODS OR SERVICES โ€” EVEN IF FOLLOWD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY.

17.2 Cap on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FOLLOWD PARTIES' AGGREGATE LIABILITY TO ANY USER ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY SUCH USER TO FOLLOWD DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100).

17.3 Essential Basis

The parties acknowledge that the limitations of liability in this Section 17 reflect a reasonable allocation of risk and are an essential element of the basis of the bargain between Followd and Users. The Platform would not be offered on the terms set forth herein without these limitations.

17.4 Statute of Limitations

Any cause of action or claim you may have arising out of or relating to these Terms or the Platform must be commenced within one (1) year after the cause of action accrues. Claims not brought within this period are permanently barred.

17.5 Jurisdictional Exceptions

Certain jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, Followd's liability is limited to the maximum extent permitted by law.

SECTION 18 โ€” INDEMNIFICATION

18.1 User Indemnification

You agree to defend, indemnify, and hold harmless the Followd Parties from and against any and all claims, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees) ("Losses") arising out of or relating to: (a) your use of or inability to use the Platform; (b) your User Content or Creator Content; (c) your breach of these Terms or any representation, warranty, or covenant made herein; (d) your violation of any third-party right, including any Intellectual Property Right, right of publicity, or privacy right; (e) your violation of any applicable law or regulation; (f) your physical goods listings or fulfillment failures; or (g) any transaction between you and any other User.

18.2 Defense

Followd reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate fully with Followd in asserting available defenses. You may not settle any claim subject to indemnification without Followd's prior written consent.

18.3 Liquidated Damages for Specified Violations

You acknowledge that the following violations cause Followd damages that are difficult to quantify: (a) promotion of competing creator platforms in violation of Section 11.2; (b) unauthorized off-platform payment solicitation in violation of Section 7.9; and (c) Content Leaking in violation of Section 6.3. For each such violation, you agree to pay liquidated damages of $1,000 per incident (for (a) and (b)) or the amounts specified in Section 6.3 (for Content Leaking), which the parties agree represent a reasonable estimate of harm and not a penalty. Followd may charge these amounts against any payment method on file.

18.4 California Section 1542 Waiver

IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE THE BENEFITS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

SECTION 19 โ€” DISPUTE RESOLUTION AND BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE MOST DISPUTES WITH FOLLOWD THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO JURY TRIAL AND CLASS ACTIONS.

19.1 Governing Law

These Terms and any dispute arising out of or related to them or your use of the Platform shall be governed by the laws of the State of Delaware, without giving effect to any conflict of laws principles that would require the application of a different jurisdiction's laws.

19.2 Mandatory Pre-Arbitration Notice and Good-Faith Resolution

Before initiating any arbitration or litigation, the party seeking relief must first send a written Notice of Dispute ("Notice") to the other party. A Notice from you to Followd must be emailed to legal@followd.com. Any Notice must include: (a) the claimant's full legal name and email address associated with their Followd account; (b) a clear description of the nature and basis of the claim or dispute; (c) the specific relief sought, including any monetary amount; and (d) a personal signature of the claimant. A Notice must be individualized โ€” it may only address the claimant's own dispute.

Upon receipt of a completed Notice, the parties agree to engage in good-faith negotiations for a period of 60 days to attempt to resolve the dispute informally. Compliance with this pre-arbitration requirement is a condition precedent to filing any arbitration demand. If the dispute is not resolved within 60 days, either party may initiate arbitration as described below.

19.3 Binding Arbitration

Except as provided in Section 19.6 (Exceptions), all disputes, claims, or controversies arising out of or relating to these Terms, the Platform, or any transaction between you and Followd โ€” including disputes about the validity, enforceability, scope, or interpretation of this arbitration agreement โ€” shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its then-current Commercial Arbitration Rules (or Consumer Arbitration Rules, if applicable), rather than in court.

Arbitration shall be conducted: (a) in the State of Delaware, or at such other location as mutually agreed; (b) in English; and (c) before a single arbitrator. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator may award any individual relief available at law or in equity, but may not award punitive damages except where authorized by statute.

19.4 Class Action and Jury Trial Waiver

BY AGREEING TO THESE TERMS, YOU AND FOLLOWD EACH IRREVOCABLY WAIVE ANY RIGHT TO: (A) A JURY TRIAL IN CONNECTION WITH ANY DISPUTE RELATING TO THE PLATFORM OR THESE TERMS; AND (B) PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS WITHOUT BOTH PARTIES' WRITTEN CONSENT.

19.5 Mass Arbitration Procedures

If 25 or more substantially similar arbitration demands are filed against Followd by or with the coordination of the same legal counsel or organization ("Mass Arbitration"), AAA's Mass Arbitration Supplementary Rules shall apply, and demands shall be administered in batches. This provision does not authorize class or mass arbitration on behalf of similarly situated claimants; each demand shall remain individual. If a court determines this batching provision is unenforceable and that the dispute must proceed on a mass or class basis, the entire arbitration agreement in this Section 19 shall be deemed null and void with respect to those claims, and such claims shall be litigated in a court of competent jurisdiction in Delaware, subject to Section 19.7.

19.6 Exceptions โ€” Claims Not Subject to Arbitration

The following claims are not subject to mandatory arbitration and may be brought in court: (a) claims to enforce, protect, or determine the validity of either party's Intellectual Property Rights; (b) claims for injunctive or other equitable relief to prevent unauthorized use of the Platform, user impersonation, or Content violations; (c) small claims court actions where the claim qualifies under applicable small claims court rules; and (d) claims by Followd for collection of amounts owed under these Terms. Notwithstanding the foregoing, the parties agree to honor the class action waiver set forth in Section 19.4 in any court proceeding.

19.7 Venue for Non-Arbitrable Claims

For any claim not subject to arbitration under Section 19.6, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in the State of Delaware and waive any objection to personal jurisdiction or inconvenient forum in such courts.

19.8 Arbitration Opt-Out

You may opt out of the arbitration agreement in this Section 19 by sending written notice of your opt-out to legal@followd.com within 30 days of first accepting these Terms. Your opt-out notice must include your name, email address associated with your Followd account, and a clear statement that you are opting out of arbitration. Opting out of arbitration does not affect any other provision of these Terms.

19.9 Costs

For consumer-facing disputes, AAA's Consumer Arbitration Rules will govern filing fees and cost-sharing. For all other disputes, each party shall bear its own legal fees and costs, except that the arbitrator may award fees to the prevailing party where authorized by applicable law.

SECTION 20 โ€” TERMINATION AND SUSPENSION

20.1 Termination by You

You may terminate your account at any time by following the account deletion process in your account settings or by contacting support@followd.com. Termination does not entitle you to a refund of any paid Subscription fees for the remaining portion of a current billing period. Creator account termination does not extinguish any obligations owed to Fans with outstanding Custom Requests or pending Physical Goods orders.

20.2 Suspension or Termination by Followd

Followd reserves the right to suspend or terminate your account, restrict your access to all or part of the Platform, or remove your Content at any time, with or without notice, if: (a) you breach or we reasonably suspect you have breached any provision of these Terms; (b) we are required to do so by law, regulation, or court order; (c) your account has been inactive for an extended period; (d) we determine that continued access poses a risk to the Platform, other Users, or Followd; or (e) we choose to discontinue the Platform in whole or in part.

20.3 Effect of Termination

Upon termination of your account: (a) your license to use the Platform terminates immediately; (b) Followd may delete your account data and Creator Content, subject to our data retention obligations; (c) Creators will receive any outstanding Net Revenue owed for completed transactions, less any amounts subject to withholding under Section 7.6; and (d) outstanding Custom Requests or Physical Goods orders must be resolved. Provisions of these Terms that by their nature survive termination shall survive, including Sections 1, 12, 13, 14, 17, 18, 19, and 22.

20.4 Appeals

If you believe your account was suspended or terminated in error, you may submit an appeal to appeals@followd.com within 30 days of the suspension or termination notice. Followd will review appeals in good faith and respond within a commercially reasonable time. Followd's determination on appeal is final.

SECTION 21 โ€” MODIFICATIONS TO TERMS

21.1 Right to Modify

Followd reserves the right to modify these Terms at any time. The "Last Updated" date at the top of these Terms will reflect the date of the most recent changes.

21.2 Notice of Material Changes

For material changes to these Terms (including changes to the Platform Fee, arbitration provisions, or content standards), Followd will provide advance notice by: (a) displaying a prominent notice on the Platform; (b) sending an email to the address associated with your account; and/or (c) requiring affirmative re-acceptance of the updated Terms before continued use.

21.3 Continued Use as Acceptance

Your continued use of the Platform after the effective date of any updated Terms constitutes your acceptance of those updated Terms. If you do not agree to the updated Terms, you must stop using the Platform and close your account before the effective date.

SECTION 22 โ€” GENERAL PROVISIONS

22.1 Entire Agreement

These Terms, together with the Privacy Policy and any supplemental policies or guidelines published by Followd, constitute the entire agreement between you and Followd regarding the Platform and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written, relating to the same subject matter.

22.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, the invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms, and the remaining provisions shall continue in full force and effect.

22.3 No Waiver

Followd's failure to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by an authorized representative of Followd.

22.4 Assignment

You may not assign or transfer these Terms or any of your rights or obligations hereunder without Followd's prior written consent. Any purported assignment without such consent is void. Followd may freely assign these Terms, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, without your consent.

22.5 Relationship of the Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, employment, franchise, or agency relationship between you and Followd. You are an independent actor engaging with the Platform on your own account.

22.6 Force Majeure

Followd shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, pandemics, epidemics, natural disasters, war, terrorism, civil disturbance, labor strikes, cyberattacks, internet or power outages, or actions of governmental authorities.

22.7 Electronic Communications

You consent to receive communications from Followd in electronic form (email, in-app notification, Platform posting). Electronic communications satisfy any legal requirement for written notice. You agree not to contest the validity or enforceability of contracts or notices executed electronically.

22.8 Export Controls

You represent and warrant that your use of the Platform will not violate U.S. export control laws or regulations, including the Export Administration Regulations and OFAC sanctions programs. You may not use the Platform if you are subject to any applicable trade embargo, sanction, or restriction.

22.9 Notice

Notices from Followd to you will be sent to the email address associated with your account. Notices are effective upon sending. Notices from you to Followd regarding legal matters must be sent to: Followd, Inc., Attn: Legal, legal@followd.com, and, for formal legal process, to Followd's registered agent in the State of Delaware (to be identified upon incorporation).

22.10 Section Headings

Section headings are for convenience of reference only and shall not affect the interpretation of these Terms.

22.11 Survival

The following provisions shall survive termination or expiration of these Terms: Section 1 (Definitions), Section 5.3 (Creator License to Followd), Section 6.3 (Prohibition on Leaking), Section 7 (Payments, as applicable to outstanding obligations), Section 12 (Intellectual Property), Section 13 (DMCA), Section 16 (Disclaimers), Section 17 (Limitation of Liability), Section 18 (Indemnification), Section 19 (Dispute Resolution), and this Section 22.

22.12 Non-Discrimination

Followd does not discriminate against Users on the basis of race, color, religion, sex, national origin, ancestry, disability, marital status, sexual orientation, gender identity, veteran status, age, or any other characteristic protected by applicable federal, state, or local law. Followd prohibits the use of the Platform to publish discriminatory Creator Content targeting any protected class.

22.13 Feedback and Support

For general support, contact: support@followd.com. For legal or copyright matters: legal@followd.com. For trust and safety issues: trust@followd.com. For Creator payout inquiries: payments@followd.com.

โ€” End of Terms of Service โ€”

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