Terms of Service

Date of Revision: 19 May 2025

Welcome to EverFans!

These Terms of Service (the “TOS”) set forth the legally binding terms for your use of EverFans and/or any of our online channels, platforms, products or services ("Services").

The Services are owned and operated by Mingle Minds AI Limited (“Mingle Minds”), having its address at 56 Central Business Centre, Triq-Is-Soll, Santa Venera, SVR 1833, Malta and registered with the Malta Business Registry under the number C108196.

Some key points to note about these TOS:

  • Subscriptions auto-renew until/unless you cancel them. They are billed monthly and can be cancelled at any time before the next renewal period.
  • There are no refunds for Content that you have already accessed and/or Services you have already used.
  • Users are solely responsible for their Content. We do not control, endorse, authorize, approve, or guarantee the accuracy, legitimacy, reliability, fitness, or any aspect of Content that Users Upload to EverFans.
  • This is a platform empowering AI Creators. The Content you interact with on EverFans is fully or partly AI-generated and/or AI-powered.

By accessing and/or using the Services, you agree to be bound by these TOS. You understand and agree that your access and/or use of the Services is acceptance of these TOS and of all other policies published on https://everfans.com/legal-information and updated from time to time (together, “Policies”), which are incorporated here by reference.

We regularly update our TOS and Policies, and we encourage you to stay up-to-date on any changes by checking them regularly, as they form part of our contract with you. Your continued use of the Services constitutes acceptance of any such changes. If you do not agree with these TOS or our Policies, please cease using or accessing our Services.

  1. GENERAL

As used in these TOS:

a. “AIG-Content” means image, video, text, or other material that has been wholly or partly generated or modified by artificial intelligence. The term includes but is not limited to AI-generated or -modified depictions of people, characters, or beings of any kind.

b. “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 or modified using any AI tools available in the Services. The term includes AIG-Content unless specifically indicated otherwise.

c. “Creator” means a User who has set up their EverFans account to post Content that other Users can view or otherwise interact with.

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

e. “Policies” means policies published on https://everfans.com/legal-information and updated from time to time.

f. “Platform” means EverFans and the Services available through EverFans.

g. “Services” means all features, Content, and other material made available on EverFans.

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

i. “User” means any user of EverFans. Users may be Creators, Fans, both, or neither (e.g., where users have completed registration but have not yet subscribed to a Creator).

j. “User-Generated Content” means any and all Content that a User has Uploaded and/or created via AI tools available on the Services.

k. “You” and “your” and variants thereof (capitalized or not) means you as the User of the Services.

l. “We,” “us,” “our” and variants thereof (capitalized or not) means Mingle Minds.

The Services allow Users to Upload and view Content and interact with Creators they follow or subscribe to, or as otherwise enabled by functions that may be updated from time to time. Creators may communicate with their Fans, subject to these TOS and our other Policies.

Your use of EverFans is also regulated by our other Policies, including specifically our Acceptable Use Policy and Community Guidelines. Please read and make sure you understand them, as they form part of our contract with you, and violations may result in permanent termination of your account.

1.1 ALL ACCOUNTS, WARRANTIES

a. Parts of our Services may require you to create a user account with an email and password or other available login method.

b. When registering, creating, and/or using your account and/or the Services, you represent and warrant that:

a. All information you submit to create a user account is true and correct, and you have full rights to submit such information.

b. You are registering and entering into these TOS only on behalf of yourself;

c. You are not impersonating anyone else;

d. You are of the legal age to form a binding contract with us in the

jurisdiction where you live and/or access the Services;

e. If you are under the legal age in the jurisdiction where you live and/or access the Services, you shall not access or use our Services.

f. You have all rights, permissions, and consents to submit any Uploaded Content. We have the right to disclose your information and identify to any third party who claims that your Uploaded Content violates their intellectual property rights or right to privacy or confidentiality, or if we believe that you may have otherwise breached any of these terms.

g. You are doing to only using your login credentials;

h. You will not create “bot” accounts, or an account that is controlled by automatic means;

i. Your Content complies with all of our Policies, including specifically our Acceptable Use Policy and Community Guidelines.

c. You agree to defend, hold harmless, and indemnify us against all liabilities, claims, losses, costs, damages and expenses, including legal fees which are reasonably incurred by us, that we suffer or incur arising out of or in connection with your Content or breach of any warranty or obligation in these TOS.

d. You agree to, from time to time as necessary, update any information associated with your account (including but not limited to, your email, payment information, subscriptions or other supplemental information as the case may be) so that it remains current, accurate and correct at all times. You also agree to protect the confidentiality of your user account and password, and to prohibit others from accessing your account.

e. You are fully responsible for all activities occurring under your login credentials and account. Your account is non-transferrable. You cannot sell, lend, or otherwise share it with any other person, for commercial purposes or free of charge.

f. We reserve the right to terminate or restrict your account, or otherwise revoke access to the Services, at any time if we, in our sole discretion, have reason to believe or suspect that you have violated the terms of these TOS or other Policies.

g. You agree that we will not be liable to you or any third party for, without limitation, any denial of use of the Services, any change of costs for third party services, fees, or other obligations arising from suspension or termination of your account.

1.2 CREATOR ACCOUNTS

a. In addition to the requirements applicable to all accounts, to register as a Creator, you must:

  1. Verify your identity and liveness;

  2. Add a bank account, payment details for your bank account, or a payment method;

  3. Select how you would like us to transfer any earnings to you.

  4. If you are registered for VAT in the EU, provide your VAT number;

  5. Provide us with any additional information that we may request, including but not limited to additional age or identity information;

  6. Price your Content and/or monthly subscriptions that Users may purchase;

  7. Upload Content that complies with our Community Guidelines, Acceptable Use Policy, and all other Policies.

b. Undisputed earnings are generally payable within 10 days of the date you request withdrawal. You understand and acknowledge that payments within this period are not guaranteed and could be disrupted by circumstances beyond our control.

c. Payments will be made to the payment option you selected in your account settings.

d. Please note that there is a minimum balance of 20 USD before it is possible to cash out your earnings.

e. If we refund any amounts to a User, or their bank or credit card provider (e.g., after a bona fide chargeback dispute), in relation to Content you provided, we reserve the right to immediately recover from you any monies already paid to you in relation to the same. You agree:

  1. that such sums will be a liability you have to us and that you will pay all amounts requested pursuant to this clause upon demand;

  2. we may, with or without notice to you, set off any such liability you have to us against any liability we have to you, whether present, future, liquidated, or unliquidated, and whether or not either liability arises under this Agreement. This includes but is not limited to deducting any liabilities you owe to us from any future earnings you accrue on the Platform;

  3. that we may, in our sole discretion, forgive or choose not to pursue amounts owed pursuant to this clause, and that this does not affect the validity or collectability of any other outstanding or future liabilities you have to us.

f. Payments made or received via EverFans must be exclusively for Content Uploaded to and/or Services rendered on the Platform. Using EverFans to conduct transactions for goods or services rendered off-platform is strictly prohibited, and you agree not to use EverFans to request, receive, or process payments for any goods or services that are delivered, executed, or provided outside the Platform. This includes but is not limited to physical goods, in-person services, or digital content delivered through external channels.

g. Unless otherwise agreed in writing with Mingle Minds, you will receive 15% of all monies received by us from Users who have purchased Content from you on the Platform. The percentage retained by Mingle Minds is to cover our commission for and costs in maintaining and operating the Platform.

h. Any exercise by us of our rights under these provisions does not limit or affect any other rights or remedies available to us at law, under this Agreement, or otherwise.

i. Creator accounts are further subject to our Community Guidelines, Acceptable Use Policy, and all Policies available at https://everfans.com/legal-information as updated from time to time.

j. Interactions between a Creator and Fan on EverFans are further controlled by the Contract Between Creator and Fan

1.3 PAID-FOR CONTENT AND SERVICES

a. Some Content and/or Services are available only in exchange for payment and/or for subscribing users.

b. Paid-for Content and Services may be either pay-per-view and/or available only with a subscription. Content and subscription prices are generally determined by the individual Creator.

c. We or individual Creators may from time to time offer special promotional offers, plans or memberships. Promotional offer eligibility is determined at the sole discretion of us or the individual Creator, at our discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible.

d. Subscriptions begin after the initial payment, and the payment should be made pursuant to the terms presented at the time of the purchase. You are responsible for payment of all fees, charges and taxes (as applicable) related to the transaction.

e. In general, subscriptions will renew automatically at the same rate and for the same period at the end of the subscription period you selected. By clicking “subscribe,” you authorize us to charge you for the initial subscription term and each renewal, unless you cancel your subscription.

f. Creators may increase their subscription price after you subscribed. In this case, you will be informed of the new price and need to agree to the new price in order to stay subscribed. If you do not agree to the new price, your subscription will be automatically cancelled.

g. For further information about autorenewal and cancelling a subscription, please see Sections 9 & 10 below.

h. We are not responsible for any costs and disclaim any liability arising from your use of a third-party distribution platform that is not indicated or recognized by us.

i. Users are not permitted to use EverFans to request, receive, or process payments for any goods or services that are delivered, executed, or provided outside the Platform. This includes but is not limited to physical goods, in-person services, or digital content delivered through external channels.

1.4 USER SAFETY

a. We prioritize the safety and well-being of our users. In using the Services, including interacting with Uploaded Content and/or conversing with Creators, you should never disclose sensitive personal information, including, for example, financial details, addresses, contact information, or passwords.

b. Users are solely responsible for protecting their personal information and should be aware of potential risks associated with transmitting information online. We encourage users to report any suspicious or inappropriate behavior encountered on the platform, as we are committed to maintaining a safe and respectful environment for all users.

c. Use of the Platform is further subject to our Community Guidelines, Acceptable Use Policy, and all Policies available at https://everfans.com/legal-information as updated from time to time.

2. UNDERAGE POLICY

a. All Users must be at least 18 years old in order to use the Platform.

b. Creators undergo KYC as part of registration, during which their age and government identification document are checked by our third-party identity verification provider.

c. We have implemented extensive measures to prevent the registration of underaged users. All Users (including non-Creator Users) are subject to the following controls:

  1. RTA verified: All our websites are labeled “Restricted to Adults” per the Association of Sites Advocating Child Protection (ASACP) and thus enable parental filter controls. If you believe your child has improperly accessed the Services, please contact us using the contact information below, so that we can block further access.
  2. Payment required for Adult Content: In general, accessing any Content on the Platform requires Users to give a valid payment method. Free Services do not include access to Content, including Adult Content.
  3. Contractual terms: By using the Services, users affirm that they meet the minimum age requirement and are legally permitted to access adult content. Providing inaccurate information during registration is a violation of our Policies and subjects Users to account deletion.
  4. Confirmation of age: When registering with the Platform, all Users confirm that they are at least 18 years old, and this is used to determine eligibility to use the Services.
  5. User reports: all Users are able and encouraged to report Users that they believe are underage. A report function is enabled for every piece of Content, every User profile, and every message between Creators and Fans.

d. We have a zero-tolerance policy for Child Sexual Abuse Material (CSAM). We report known instances of CSAM to appropriate authorities in accordance with our policy stated in paragraph 5.4 below.

3. INTELLECTUAL PROPERTY

a. User-Uploaded and User-Generated Content

i) You retain all ownership and intellectual property rights in your User-Generated Content. By using and Uploading User-Generated Content to the Services, you grant the following licenses:

  • You grant other Users a license to view, use, and store your Content in connection with using the Services.

  • You grant Mingle Minds a non-exclusive, royalty-free, transferable, sub-licensable, worldwide, perpetual, irrevocable, license to use, store, and copy your Content and make it available to other Users. This license includes the right to sub-license, use, copy, modify, create derivative works of, train or fine-tune AI models, distribute, advertise with, publicly display, and otherwise use such Content in any manner and in any format and through any current or future distribution channel. We may do so without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

    The license you grant us can be terminated at any time by deleting your input or account. Terminating the license does not affect the legality of any use of your Content consistent with these TOS and our other Policies prior to the termination. Additionally, to the extent that we (or our partners) have used your input in connection with commercial or sponsored content, the license will continue until the relevant content or marketing has been discontinued by us.

ii) You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Notice.

iii) We will not sell your Content to other platforms, individuals, or entities without your explicit permission, nor will we otherwise claim ownership of your Content.

iv) The licenses you grant herein are without prejudice to any rights you may have under applicable data protection law.

b. Services and all other Content on EverFans

i) Except for User-Generated Content, all intellectual property rights associated with EverFans and the Services, including but not limited to the Platform design, logos, and any proprietary software or technology, are the sole property of Mingle Minds or its licensors. Intellectual property in EverFans and/or the Services are exclusively owned by or licensed to Mingle Minds, and you have no intellectual property rights therein. You may not reproduce, modify, distribute, or use any intellectual property associated with Mingle Minds or the Services without explicit written authorization.

ii) By providing the Services, we grant you a limited license to access and/or register to view, use, and display the Services on your devices for your personal use only. This license does not constitute a transfer of title under any circumstances. This license shall automatically terminate if you violate or we reasonably suspect that you have violated any of the restrictions or these TOS or other Policies.

c. DMCA Policy

Please see our DMCA Policy for information regarding our DMCA policy/process.

4. YOUR CONTENT

a. General

Unless specifically indicated otherwise, your Content is not private or confidential. Other Users can view or access Content that is posted publicly and/or that they paid for. We regularly monitor all Content that has been flagged by Users or our moderation tools. We may conduct human review of your Content (including messages) where necessary or appropriate to enforce our Policies and ensure a safe, respectful environment for all Users. We may also take appropriate action against your Content with or without notice to you, including but not limited to disabling access or removing it.

While messages are generally private as between the respective Users, these may also be reviewed as needed for moderation purposes, for example, where the message content has been reported as illegal, harassing, or spam, or has otherwise been flagged as violating our Policies.

You acknowledge and agree that you are the owner of and are solely responsible for all aspects of your Content. This includes but is not limited to responsibility for any physical or psychological damage that anyone suffers because of your Content, and for securing and backing up your Content. You agree to defend, hold harmless, and indemnify us against all liabilities, claims, losses, costs, damages and expenses, including legal fees which are reasonably incurred by us, that we suffer or incur arising out of or in connection with your Content.

b. AIG-Content

Profiles of AI Creators: EverFans seeks to empower and support AI creators. Uploaded Content, including depictions of human-like persons, and interactions are partly or wholly AI-generated. Individual profiles may be maintained by a human Creator or by EverFans itself.

AI Tools available on the Services: At our discretion, we may make AI tools available on the Services to create AIG-Content, modify Uploaded Content, and/or conduct life-like chats (“AI Tools”). In using any AI Tools, you represent and warrant that you have all rights, licenses, and permissions needed to provide any input or apply AI Tools to your Content. You are solely responsible for any Content or output that is created via your input and/or your application of AI Tools to your Content (together, “Outputs”). You retain any applicable intellectual property rights in your Outputs, subject to the license we grant you to use the AI Tools.

To the extent we make AI Tools available as part of the Services, we grant you a revocable, non-transferable, non-exclusive, limited license to use the AI Tools to create AIG-Content for the purpose of Uploading, posting, displaying, or otherwise sharing such AIG-Content on EverFans. Where you create Outputs in whole or in part using the AI Tools, you may not upload, post, display, or otherwise share Outputs to/on a competitor of EverFans and/or any other online platform where you may monetize Outputs or where such an online platform is linked. This restriction applies only to Content and/or Outputs created partly or wholly using the AI Tools made available on the Platform.

5. RESTRICTIONS ON CONDUCT AND CONTENT

5.1 Rules and Restrictions

In accessing and using the Services, you agree to abide by our Community Guidelines Acceptable Use Policy, as well as the following rules, restrictions, and limitations:

a) You will not modify, translate, adapt or reformat any aspect of the Services;

b) You will not decipher, decompile, disassemble, or reverse-engineer, or otherwise attempt to discover the source code or structure of, the software or materials comprising the Services (except where the foregoing is permitted by applicable local law notwithstanding such restrictions, and then only to the extent that such intended activities are disclosed in advance in writing to us);

c) You will not interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on the use thereof;

d) You will not use the Services to gain unauthorized access to our or any third party's data, systems or networks;

e) You will not use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt our systems and networks or other users' use of the Services;

f) You will not use the Services in any way that, in our sole discretion, may expose us and others to liability or damages;

g) You will not use the Services to achieve unlawful ends, to offend others or to commit a crime;

h) You will not remove, change or obscure any copyright, trademark notice, trademark, hyperlink or other proprietary rights notices contained in or associated with the Services; and

i) You will comply with all applicable laws in your access and use of the Services, including the laws of the jurisdiction where you live and/or access the Services.

j) You will not engage in any illegal, unethical, or harmful activities while using the Services.

5.2 Content and Conduct Responsibility

You are solely responsible for your Content and actions while using the Services. This includes but is not limited to responsibility for any Content Uploaded or communications on the Platform, and/or output generated through your input to any AI Tools. You understand and agree that Mingle Minds does not control or endorse any Content Uploaded by Creators or generated by or using AI Tools in the Services.

You are responsible for your actions and choices in connection with Content, Users, and the Services. Mingle Minds disclaims liability and shall not be held responsible for any action taken or choice made by a user following their interactions with Content or other Users.

We do not endorse or take responsibility for any actions, decisions, or consequences that may arise from the user's engagement with Content, AI. Tools, or Users. Users should in particular exercise good judgment and discretion while interacting with AIG-Content and are prohibited from engaging in any activities that could potentially cause harm or violate any applicable laws or regulations.

You must ensure that your use of and interactions with the AI tools comply with applicable laws, regulations, these TOS, and all Policies.

5.3 Content Moderation and Removal

Your use of the Platform is subject to our Content Moderation Policy We have implemented content moderation controls to ensure compliance with our TOS, Community Guidelines, and other Policies. These include but are not limited to an in-product reporting function for all Content, text/prompt moderation, upload filters, and human review. If Content is reported or our moderation controls detect anything that violates our TOS or Policies, we may manually review the flagged Content and/or other Content associated with the account and take appropriate action. This may include removing content, terminating the user's account or reporting the content to appropriate authorities. See also Section 5.4 below.

We reserve the right, but are not obligated, to reject and/or remove any user content that we believe, in our sole discretion, violates any of our Policies. Users will not be refunded or reimbursed for content that is moderated or removed for violation of our Policies. See also Section 7 below.

If you believe there has been a violation of these TOS or any of our Policies, please contact us via email at [email protected] or via the “Contact Us” area in the Services.

5.4 Prohibited Content Reporting

We have a zero-tolerance policy for Child Sexual Abuse Material (CSAM). Attempting to create and/or uploading CSAM is prohibited by law, our Community Guidelines, and Acceptable Use Policy. In addition to our other content moderation and removal controls, we report known CSAM to the National Center for Missing and Exploited Children, or other local authorities as appropriate.

6. PAYMENTS AND AUTORENEWAL

In general, a paid subscription is needed to access Content. Individual Creators generally determine which of their Content is available under which conditions (subscribers-only, messaging restrictions, etc.), how much it costs, and whether it is available on a pay-per-view or subscription basis.

Subscriptions are set to renew automatically at the end of each subscription period, extending for the same duration as the original contract term. The payment will be processed automatically on the first day of the renewed period. Autorenewal can be cancelled at any time in your settings (see Section 10 below).

Payments may be made via credit card, Pay by Bank, and/or other alternative payment methods available in specific countries.

7. FULFILLMENT POLICY

7.1 Cancelling Your Subscription

All details about your subscription to a particular Creator, including start date, end date and type of subscription plan can be found under My Profile / Settings within your account.

You have the flexibility to cancel a subscription at any time by going to Settings / Unsubscribe within your account. If you choose to cancel, your subscription will remain active until the end of the current billing period, and you will not be charged for the subsequent period.

7.2 Access Upon Cancellation

If you cancel your subscription, you will retain access to your account and all associated Content and features until the end of the current billing period. At the conclusion of this billing period, your access will be restricted to the free version of the platform. Non-subscribing Users generally do not have access to any Content.

You may resubscribe to a Creator at any time to regain access to their Content and/or other premium features.

If a subscription is refunded, the subscription is deemed immediately cancelled. All access to premium features will be revoked at the time of refund processing.

If a chargeback request is filed, the subscription is immediately cancelled. All access to premium features and remaining tokens will be revoked at the time the chargeback request is filed.

7.3 Modifying Subscription Plans

You can upgrade or downgrade your subscription plan at any time. The changes will take effect at the beginning of the next billing cycle.

7.4 Refund Policy

All transactions are final and not eligible for refunds, as payment is in exchange for immediately consumable Content and/or interactions.

We acknowledge that there may be limited exemptions to this rule, e.g., if you did not consume any Content after subscribing, or the Content or Services provided was not as described. In such cases, please contact our support team and we may, at our sole discretion, issue a refund. If you believe you are entitled to a refund, please contact our support team.

You will not be refunded or reimbursed for any previously paid-for content that was moderated or removed for violating any of our Policies.

8. NO GUARANTEE OF ACCURACY OR PERFECTION

We are not responsible for User-Generated Content. We do not control, endorse, authorize, approve, or guarantee the accuracy, legitimacy, reliability, fitness, or any aspect of Content that Users Upload to EverFans.

Some of the AI-generated Content in our Services may be created, modified, or altered on demand. By using our Services, you understand and agree that there are limitations inherent in emerging AI technology, and content on the platform may not be accurate or perfectly match your preferences and expectations. We make every effort to provide the best possible technology and experience for our users, and we appreciate your understanding as we constantly further refine our Services.

We comply with applicable laws requiring us to use proportionate measures to quickly remove illegal Content when we become aware it is on the Platform. You may report Content you suspect may be illegal by contacting [email protected].

9. LIABILITY

THE SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND THE USE THEREOF IS AT YOUR SOLE RISK. WE MAKE NO, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NONINFRINGEMENT, AND TITLE WITH RESPECT TO THE SERVICES, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

WE DO NOT WARRANT:

A. THAT THE SERVICES (OR THE RESULTS OBTAINED FROM THE USE THEREOF) WILL BE TIMELY, ERROR-FREE, SECURE OR UNINTERRUPTED;

B. THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; OR

C. THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON OUR WEBSITE, OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY RESOURCES LINKED TO OUR WEBSITE.

D. THAT ANY ERRORS OR MALFUNCTIONS IN THE SERVICES WILL BE CORRECTED.

WE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR OTHER THEORY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, COST OF SUBSTITUTE PROCUREMENT, ARISING IN WHOLE OR IN PART FROM YOUR USE OF (OR INABILITY TO USE) THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ANY CAUSES BEYOND ITS REASONABLE CONTROL.

10. LINKS TO THIRD PARTY WEBSITES AND SERVICES

The Services may include links or allow access to third-party websites and services. Please note, their presence does NOT mean that they are recommended by us and we do not guarantee their safety and conformity with any of your expectations. We assume no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party websites and services.

It is your responsibility to take precautions to ensure that anything you select for your use or download, whether from the Services or a third party, is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. We assume no responsibility, and are not liable, for any transmission or material, or any viral infection of your computer equipment or software, or any other types of damage related to your access, use of browsing of third party services or content. If you decide to access a third party service or content, you do this entirely at your own risk and you should review the applicable terms and policies governing the use of same.

11. GOVERNING LAW AND DISPUTE RESOLUTION

This TOS shall be governed by and construed in accordance with the laws of the Republic of Malta without giving effect to its conflict of law provisions, regardless of your location.

Any dispute arising out of or in connection with the TOS or other Policies, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by the courts of the Republic of Malta.

12. CHANGES TO TERMS AND POLICIES

We reserve the right to update or make changes to these TOS and/or any other Policies from time to time in our sole discretion, and we may notify you of changes by making the revised version of these documents accessible through the Services, which changes will become effective immediately. Please review these documents periodically to ensure familiarity with the latest version. You can determine when these documents were last revised by referring to the “Last Updated” date at the top of this document. If you do not agree with the revised TOS and Policies, you should immediately stop using the Services. Your continued access or use of the Services after any changes to these documents have been posted means that you agree and consent to such changes.

We may change the platform and scope of Services from time to time, with or without notice. We may also stop or restrict provision of the Services in full or in part toward a certain user, as set out in our TOS and Policies.

13. TERMINATION AND ASSIGNMENT

These TOS and/or any other Policies will continue in effect until terminated by either you or us. You may terminate these TOS at any time by ceasing your access and use of the Services and, as applicable, cancelling your paid subscription. If you are a paid subscriber, the subsequent processing of fees shall be subject to the respective rules of the payment processor (indicated or recognized by us). We may terminate these TOS and your right to access or use the Services, with or without notice to you, for any reason, including actual or suspected breach of these TOS and any other Policies.

We reserve and retain the rights to assign, transfer or subcontract the Services to any third parties. Notice will be posted on the Services and your continued use or update of the Services indicates your consent.

14. MISCELLANEOUS

If any provision of these TOS or any other Policies is found to be unlawful, void or for any reason unenforceable, that provision will not affect the validity and enforceability of any remaining provision and such provision will be enforced to the maximum extent possible, so as to affect the intent of the parties.

These TOS and other Policies constitute your entire agreement with us pertaining to your access and use of the Services. Any prior or contemporaneous written or oral agreements pertaining thereto are hereby superceded.

We will collect and process your information and technical data in accordance with our Privacy Notice.

You may not attempt to make an account on EverFans and/or access any of its Content if you are located in an area where Adult Content is unlawful. This prohibition on access and account creation includes specifically but is not limited to the People’s Republic of China and Singapore.