Contract Between Creator and Fan

Last Updated: 19 May 2025

Introduction: This Contract Between Creator and Fan ("Contract") governs all interactions between a Creator and Fan on EverFans (“Creator-Fan Interaction”).

Exclusive, legally binding Contract between Creator and Fan: By initiating or participating in a Creator-Fan Interaction, you agree to be legally bound by this Contract. This Contract applies to the exclusion of any other terms proposed by either party to the Contract.

Parties to this Contract are Creator and Fan: The only parties to this Contract are the Creator and the Fan that participate in the Creator-Fan Interaction (together, “Parties” or individually, “Party”). No one else, including but not limited to Mingle Minds Limited and/or its affiliates or subsidiaries (“Mingle Minds”), is a Party to this Contract. Mingle Minds does not grant any rights in respect of any Creator-Fan Interaction, nor does it participate in any Creator-Fan interaction, except to the limited extent that the Parties authorize Mingle Minds to act as a payment intermediary, as described below and in the Terms of Service.

Definitions: In this Contract, the following terms have the following meanings:

“Content” means any form of material Uploaded to or generated on the Platform, including but not limited to data of any kind, photos, videos, audio, livestreams, metadata, messages, comments, emojis, GIFs, memes, or Content created via the AI tools available in the Services. The term includes AIG-Content unless specifically indicated otherwise.

“Creator” means a User who has set up their EverFans account to post Content for Fans to view or otherwise interact with.

"Creator-Fan Interaction" means any interaction between a Creator and a Fan on EverFans, including but not limited to a Fan subscribing to, accessing Content Uploaded by, tipping, and/or messaging with a Creator.

"Fan" means a User who subscribes to a Creator or otherwise interacts with a Creator’s Content.

“Upload” means any form of inputting or publishing to the Platform, including but not limited to displaying, posting, typing, messaging, or otherwise sharing.

"Subscription" means a Fan's binding agreement to make advance, automatically renewing payments for a specific period of time in exchange for access to all Content that a Creator makes available to subscribing Fans.

Pricing and payments: A Fan initiating a Creator-Fan Interaction agrees to pay the published price for Creators’ Uploaded Content and/or the ability to message with Creator, as well as any applicable VAT or other tax in any relevant jurisdiction. The Parties authorize Mingle Minds to facilitate these payments, including collecting, holding, and processing same, and paying the Creator, subject to appropriate and agreed-upon deductions for EverFans’ commission and any other amounts as described in the Terms of Service.

Subscriptions and Renewals: When you select "Subscribe," you agree to start a Subscription. A Subscription will automatically renew at the current rate (plus any applicable tax). You authorize the Company to charge you again after each Subscription, unless: (i) your payment is declined and you have not provided another payment method; (ii) the Subscription price has increased; or (iii) you cancelled future auto-renewals of your subscription to the Creator’s account. By selecting "Subscribe," you agree to these provisions, and acknowledge that you will not receive further notice regarding the renewal of that Subscription.

Limited license of Content: Creator grants Fan a limited, non-transferable, non-sublicensable, non-exclusive license to access the Content that the Fan has purchased or otherwise interacted with. With this license, Fan may access and view Creator’s Content on a personal device, via a normal web browser. The license does not permit Fan to screenshot or copy Creator's Content in any form, except to the extent it is temporary and technically unavoidable (such as caching). The Fan must comply with the Acceptable Use Policy and Community Guidelines when accessing Content. This license does not grant Fan any ownership rights to any Creator Content.

This license expires automatically, without notice if:

  • the relevant payment was unsuccessful, charged back, or reversed;
  • Creator deletes the relevant Content or their EverFans account;
  • Fan’s subscription ends;
  • Fan breaches the Terms of Service, Acceptable Use Policy, and/or Community Guidelines;
  • Fan’s or Creator’s EverFans account is suspended, terminated, blocked, or otherwise disabled;
  • the relevant Content is removed from the Creator's account.

Moderation and removal of Content: Fan understands and acknowledges that Creators may remove Content, including pay-per-view Content, at any time. The Parties understand and acknowledge that Mingle Minds may remove any Content from a Creator's account at any time as part of the Platform’s content moderation controls.

Cancellation and refunds: In every Creator-Fan Interaction:

Fan will gain access to Content earlier than 14 days following the date of the Creator-Fan Interaction. Fan agrees that any statutory right to cancel the Creator-Fan Interaction under the EU Consumer Rights Directive (2011/83), or any other equivalent applicable law, is therefore not applicable regarding any Creator Interaction other than a Subscription.

This Agreement does not affect any statutory right to a refund a Fan may have under the EU Consumer Rights Directive (2011/83), or any other applicable law.

Cancellations and refunds are also subject to EverFans’ Terms of Service.

Additional Creator and Fan Obligations: In addition to the obligations explained above, the Parties have the following obligations when interacting on EverFans:

  • The Parties agree to comply at all times and in respect of all Content with EverFans’ Terms of Service, Acceptable Use Policy, Community Guidelines, and all other Policies.
  • Fan agrees to make any payment required to access Content.
  • Creator agrees to provide Content once the Fan has paid for same.
  • Fan will not initiate a chargeback dispute for paid-for Content, other than in good faith.
  • Fan understands and acknowledges that Creators’ Content may be AI-generated and/or created with the assistance of third parties.
  • The Creator is solely responsible for creating and publishing Content.
  • The Creator must and warrants that is does possess all necessary rights to grant Fans the limited license of Content explained above.
  • Unless Creator has been negligent or otherwise breached a duty, Fan accesses Content entirely at their own risk.

No guarantees regarding Content: Fan acknowledges and understands that purchased Content may be removed or otherwise unavailable after purchase. Creators have sole discretion over what Content is available in their account, and they can delete any of their Content without notice. Access to Content may also be prevented or not possible, for example, if Creator blocks Fan; if either Creator’s or Fan’s account is suspended or terminated; or if the platform is unavailable for technical or other reasons.

Mingle Minds makes no guarantees regarding Uploaded Content, including but not limited to its authenticity, quality, accuracy, or fitness for a particular purpose.

Creator-Fan disputes: Creator and Fan agree that they will attempt in good faith to resolve disputes related to anything governed by this Contract.

This Contract and any claims arising out of or relating to this Contract are governed by the laws of Malta (to the greatest extent permitted by the laws where you live). The Fan may also rely on mandatory rules of the law of the country where they live.

Where Creator and Fan cannot resolve their dispute through good-faith negotiations and claims under this Contract can be brought:

  • Any Fan who is a resident in the European Union or United Kingdom may bring a claim in the courts of Malta or the country where the Fan lives.
  • All other Fans must bring a claim in the courts of Malta.

Severability: In the event a court of competent jurisdiction finds any provision of this Contract invalid or unenforceable, or any provision of this Contract is prohibited by law, the remainder of the Contract shall remain in full force and effect and be valid and binding as if such invalid, unenforceable, or prohibited provision were not included therein.