Terms of Service

Velvet, a French simplified joint-stock company (SAS) registered under SIREN 978 665 412, with registered offices at 9 rue des Colonnes, 75002 Paris, France ("Company, "we," "us," or "our"), owns and operates the website accessible at velvet.fans and all affiliated services (collectively, "Velvet" or the "Platform").

Velvet is a content monetization platform that enables creators to sell exclusive digital content through paid links, receive tips, fulfill custom content requests, and manage wishlists, while fans can discover, support, and access premium content from their favorite creators. The terms "you, "your," or "User" refer to all end users, whether Creators or Fans.

By registering with and using Velvet, you accept and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use Velvet.

1. Eligibility and Account Registration

1.1 Age Requirement

You must be at least eighteen (18) years old and have reached the age of majority in your jurisdiction to create an account on Velvet. By registering, you represent and warrant that you meet this requirement.

1.2 Account Types

• Creator Account: Allows you to upload and sell digital content, receive tips, fulfill custom requests, and manage a public creator profile. Creators must provide accurate identity information and may be required to provide bank details (IBAN) for payouts.
• Fan Account: Allows you to discover creators, purchase content, send tips, gift wishlist items, submit custom content requests, and communicate with creators via the messaging system.
• Agency Account: Allows management of multiple creator profiles under a single account, with centralized revenue tracking, team member management, and consolidated withdrawal of earnings across all managed profiles.
• Chatter Account: A team member role granted by a Creator or Agency. Chatters are authorized to manage conversations with fans on behalf of a creator, share paid content links in chat, and respond to custom requests. When a sale is attributed to a chatter (via tracked links shared in conversations), the revenue is split between the creator, the chatter, and the platform according to the chatter revenue sharing model described in Section 5. Chatters do not have access to the creator's financial settings, bank details, or withdrawal capabilities. The creator or agency that grants chatter access remains fully responsible for all actions taken by their chatters.

1.3 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must immediately notify us at contact@velvet.fans if you believe your account has been compromised.

1.4 Accurate Information

You represent and warrant that all information you provide during registration and throughout your use of Velvet is accurate, complete, and current. You agree to update your information promptly if it changes.

2. Creator Content and Responsibilities

2.1 Ownership

You retain all ownership rights to the content you upload to Velvet ("Creator Content"). By uploading content, you grant Velvet a worldwide, non-exclusive, royalty-free license to host, display, distribute, and make available your Creator Content solely for the purpose of operating the Platform and fulfilling our obligations under these Terms.

2.2 Content Standards

All Creator Content must comply with applicable laws. You must not upload content that:

• Depicts minors in any context, sexual or otherwise
• Contains child sexual abuse material (CSAM)
• Promotes or facilitates prostitution, sex trafficking, or illegal activities
• Infringes on the intellectual property rights of third parties
• Contains malware, viruses, or harmful code
• Is defamatory, harassing, threatening, or incites violence
• Violates any applicable laws or regulations

2.3 Consent and Releases

If your Creator Content depicts other individuals, you must obtain and maintain written consent from each depicted person confirming their age (18+), identity, and consent to publication on Velvet. You must provide such documentation to us upon request.

2.4 Record-Keeping Obligations

If you are a Creator who uploads visual content depicting real persons, you are responsible for maintaining records sufficient to confirm the identity and age of all individuals depicted, in compliance with applicable laws (including, where applicable, 18 U.S.C. § 2257 and equivalent EU/French regulations). These records must include government-issued identification confirming each individual is at least eighteen (18) years of age. You must retain these records for the duration of your account and for a minimum of five (5) years after account closure, and produce them upon lawful request by us or any competent authority.

2.5 Content Removal

We reserve the right to remove any Creator Content that, in our sole discretion, violates these Terms or applicable law, without prior notice and without liability to you.

3. Purchases, Payments, and Fees

3.1 Payment Processing

All payments on Velvet are processed through our third-party payment processor,Fungies. Fungies acts as merchant of record for the transaction, handling card capture, fraud screening, and chargebacks. By making a purchase, you authorize us to charge your payment method through Fungies. Velvet does not store your credit card information.

3.2 Transaction Types

• Paid Links: One-time purchases that unlock exclusive digital content from a creator.
• Tips: Voluntary one-time payments sent directly to a creator as a show of support. Minimum: $5 USD. Maximum: $500 USD.
• Gifts (Wishlist): Purchases of items from a creator's wishlist on their behalf.
• Custom Requests: Paid content requests submitted to a creator. The payment is pre-authorized and held until the creator accepts or declines. If the creator accepts and delivers the content, the payment is captured. If the creator declines or fails to respond within 6 days, the hold is released and the fan is not charged. Minimum: $20 USD. Maximum: $1,000 USD.
• Premium Subscription (Monthly): A recurring monthly subscription for creators at $50.00 USD/month that removes the platform commission on sales (0% instead of 15%).
• Premium Subscription (3 months): A single prepaid payment covering three calendar months for eligible Creator and Agency plans, discounted 10% against three monthly payments. It does not auto-renew.
• Premium Subscription (Annual): A single prepaid payment covering twelve calendar months for eligible Creator and Agency plans. It does not auto-renew.
• Fan Subscriptions to Creators: Fans may subscribe directly to individual creator profiles at a recurring monthly price set by each creator (between $5 and $100 USD/month). The subscription grants ongoing access to that creator's subscriber-only content feed and automatically renews every 30 days. A 15% platform commission applies to these subscriptions when the creator is on the Free plan; 0% on Premium plans.

3.3 Processing Fee

A 15% processing fee is added to all fan-initiated transactions (paid links, tips, gifts, and custom requests). This fee is paid by the fan on top of the base price and covers payment processing costs. Your bank may apply additional processing fees of up to 5.5% on international card transactions, which are deducted from the amount you see on your statement, not from the creator payout.

3.4 Platform Commission

• Free Plan: Velvet retains a 15% commission on all creator earnings (tips, link sales, gifts, custom requests).
• Premium Plan ($50.00/month): 0% commission: creators keep 100% of their earnings.

3.5 Creator Earnings and Wallet

Creator earnings are credited to an internal wallet on Velvet. Creators may request a withdrawal of their earnings to their registered bank account (IBAN) at any time, subject to a minimum withdrawal amount of $50 USD. Withdrawals are processed manually and typically completed within 1-5 business days.

3.6 Multi-Profile Pricing

The Premium Monthly subscription includes up to 2 creator profiles. Each additional profile beyond 2 incurs an additional charge of $10 USD/month. The Premium Annual subscription includes unlimited profiles (up to 50) with no per-profile add-on charge. The full subscription amount (base $50.00/month + extras for Monthly, or $300.00/year for Annual) is billed directly to the creator's registered payment card at each renewal; it is never debited from the creator's wallet.

3.7 Subscription Renewals, Cancellations, and Switches

Automatic renewal. Monthly Creator and fan-to-creator subscriptions renew automatically every 30 days using the payment method on file. Prepaid 3-month and annual Creator or Agency plans do not auto-renew.

Cancellation. You may cancel a subscription at any time from your account settings. Cancellation stops the next renewal; you retain full access until the end of the current paid period. You can also reactivate a cancelled subscription at any time before the period ends, and renewals will resume.

Plan switches (creator Premium). You may switch between Monthly and Annual Premium plans at any time. The new plan is charged immediately; the previous plan's upcoming renewal is cancelled. The unused portion of the previous plan's current period is not refunded; you simply keep both periods' access until the old one naturally ends.

Failed payments. If a renewal payment is declined, we automatically retry up to 3 times over approximately 7 days. If all attempts fail, the subscription is suspended, your account reverts to the Free plan (or, for fan subscriptions, loses access to the creator's subscriber-only feed), and you are notified by email so you can update your card and resubscribe.

3.8 Refunds

Purchases on Velvet are generally final and non-refundable. However, we reserve the right to issue refunds in our sole discretion in appropriate cases, such as:

• A custom request that was declined by the creator (the hold is automatically released)
• Duplicate or erroneous charges
• Content that was not delivered as described

3.9 Chargebacks

If a purchase results in a chargeback, we reserve the right to immediately suspend or terminate your account and debit the corresponding amount from the creator's wallet.

3.10 Taxes

You are solely responsible for determining and paying any taxes applicable to your transactions on Velvet. Velvet does not provide tax advice and is not responsible for your tax obligations.

4. Referral Program

Velvet may provide creators with a unique referral link. When a new creator registers using your referral link and subscribes to a Premium plan (Monthly or Annual), you earn a recurring commission of 35% of the subscription price (approximately $14.00 USD per monthly renewal, or $84.00 USD per annual renewal) for each billing cycle that the referred creator remains subscribed. Additional bonuses may apply (e.g., $100 bonus when a referred creator reaches $1,000 in net revenue within 90 days).

5. Chatter Revenue Sharing

When a sale is attributed to a chatter (team member managing conversations on behalf of a creator), the revenue is split as follows:

• Creator: 60% of the base price
• Chatter: 25% of the base price
• Platform: 15% of the base price + 15% processing fee

This split applies regardless of whether the creator is on the Free or Premium plan.

6. Prohibited Conduct

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• AutoI18n.views_Terms_impersonate_any_person_or_entity_or_misrepresent
• AutoI18n.views_Terms_harass_threaten_or_intimidate_other_users
• Upload, distribute, or share any illegal content
• Attempt to gain unauthorized access to other users' accounts
• Use bots, scrapers, or automated tools to access Velvet
• Circumvent any security features of the Platform
• Redistribute, resell, or pirate Creator Content
• Engage in fraudulent transactions or chargebacks
• Use Velvet to promote or facilitate prostitution, sex trafficking, or other illegal activities

7. Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms or applicable law. Upon termination:

• Your access to Velvet will be revoked
• Any pending earnings may be forfeited if the termination is due to a violation of these Terms
• Your Creator Content may be removed from the Platform

You may deactivate your account at any time by contacting us at contact@velvet.fans.

7.1 Account Blocking and Fund Freezes

In addition to terminating an account, Velvet may, at its sole discretion and where reasonably justified (including suspected fraud, chargeback abuse, illegal or infringing content, breach of these Terms, or a legal, regulatory, or law-enforcement request), take one or more of the following measures against any Creator, Fan, Agency, or Chatter account:

• Block the profile: a blocked account is denied access to the Platform and to every authenticated action (login, messaging, purchases, publishing, and payouts) until the block is lifted. Blocking is reversible and is applied as a protective or investigative measure.
• Freeze the funds: Velvet may temporarily freeze the balance held in your wallet, which suspends all withdrawals and payouts while preserving the balance itself. A freeze does not, on its own, forfeit any funds; it holds outbound movement pending review.

These measures may be applied pending an investigation, in response to a lawful request from a competent authority, or to comply with our legal and regulatory obligations. Where legally permitted, we will notify the affected account and, on request, explain the reason, unless doing so would prejudice an investigation or violate a legal obligation. Blocks and freezes are recorded in a tamper-evident internal audit log. Lawfully owed funds that are not subject to forfeiture under these Terms are released once the reason for the freeze is resolved.

8. Intellectual Property

All intellectual property rights in the Platform (including but not limited to the design, graphics, text, software, and trademarks) are owned by Velvet or its licensors. You may not reproduce, modify, distribute, or create derivative works based on the Platform without our express written consent.

9. Disclaimer of Warranties

Velvet is provided "as is" and "as available" without warranties of any kind, whether express or implied. We do not warrant that the Platform will be uninterrupted, error-free, or secure. We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of Liability

To the maximum extent permitted by law, Velvet and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of Velvet, including but not limited to loss of profits, data, or goodwill.

11. Indemnification

You agree to indemnify, defend, and hold harmless Velvet and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of Velvet, your violation of these Terms, or your violation of any rights of a third party.

12. Relationship Between Users

All transactions for Creator Content (including paid links, tips, gifts, and custom requests) are between the Fan and the Creator. Velvet acts solely as a facilitator and intermediary. At no point does Velvet become a party to any transaction between Users. You agree that any disputes between Users in connection with Creator Content are solely between those Users. Velvet makes no representations or warranties regarding Creator Content quality, accuracy, or legality.

13. License to Use the Platform

Subject to these Terms, we grant you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive, limited license to access and use Velvet for your own lawful and personal use. This license may be revoked at any time for any reason, including violation of these Terms. All rights not expressly granted are reserved by Velvet.

14. Electronic Communications

By creating an account on Velvet or by completing a paid transaction on the Platform (including paid links, tips, gifts, and custom requests), you consent to receive electronic communications from us, including:

• Transactional emails: purchase confirmations, tip notifications, custom request updates, account verification, payout notifications, and security alerts. These are necessary for the operation of your account and for our contractual obligations under Section 3. You may not opt out of transactional communications while maintaining an active account.
• Service announcements: material changes to these Terms, the Privacy Policy, or the Platform itself.
• Marketing communications: product updates, new features, creator tips, promotional offers, and the Velvet newsletter. You may opt out of marketing communications at any time via (a) the "Communications" toggle in your account Settings or (b) the unsubscribe link included in every marketing email. Opting out of marketing does not affect transactional or service communications.

This consent to marketing is given pursuant to Article 13(2) of the ePrivacy Directive (2002/58/EC as amended), which permits soft opt-in for customers and registered users of the Platform, subject to a clear and free opt-out right.

15. Inactive Accounts

If you do not log into your Velvet account for twelve (12) consecutive months, your account may be considered inactive. We reserve the right to deactivate inactive accounts after providing reasonable notice to the email address on file. Any remaining wallet balance will be available for withdrawal for 90 days following deactivation notice.

16. Force Majeure

Velvet shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, power failures, internet disruptions, or failures of third-party service partners (including payment processors).

17. Governing Law and Dispute Resolution

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1. Amicable resolution:AutoI18n.views_Terms_before_initiating_any_formal_legal_proceedings_th
2. Mediation: If amicable resolution fails, either party may submit the dispute to mediation in accordance with the mediation rules of the Centre de Médiation et d'Arbitrage de Paris (CMAP).
3. Jurisdiction: If mediation fails, the dispute shall be submitted to the exclusive jurisdiction of the competent courts of Cambrai, France.

EU consumers: If you are a consumer residing in the European Union, you may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

19. Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. Velvet may freely assign its rights and obligations under these Terms in connection with a merger, acquisition, sale of assets, or by operation of law, without restriction and without notice to you.

20. No Waiver

The failure of Velvet to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of the Company.

21. Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, and DMCA Policy, constitute the entire agreement between you and Velvet regarding your use of Velvet, superseding any prior agreements or understandings.

22. Changes to These Terms

We may modify these Terms at any time. Material changes will be communicated via email to registered users at least fifteen (15) days before they take effect. Non-material changes become effective immediately upon posting. Your continued use of Velvet after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, your sole remedy is to stop using Velvet and request account deletion.

23. Account Deletion

You may delete your account at any time from your account Settings. Account deletion is immediate and irreversible.

Pre-deletion requirements (Creators)

• All pending custom requests must be resolved (accepted, declined, or expired).
• All in-flight payouts must complete.

Wallet balance

If you delete your account while your wallet contains funds, those funds are permanently forfeited. To withdraw your balance, request a payout before initiating account deletion.

Active fan subscriptions (Creators)

When you delete your account, all active fan subscriptions are canceled. Subscribers retain access until the end of their current billing period and are not charged again. They are notified by email.

Active subscriptions (Fans)

When you delete your account, all your active subscriptions to creators are canceled. You retain access until the end of each current billing period and are not charged again. No refunds are issued.

Creator Pro subscription

Pro subscriptions are canceled upon deletion with no prorated refund.

Affiliate / referral commissions

Future commissions stop accruing immediately upon account deletion. Commissions already credited to your wallet remain in the wallet (and are subject to the same forfeiture rule above if not withdrawn).

Handle reservation

Your handle (@yourname) is permanently reserved upon deletion and cannot be reused by you or any other user.

Re-registration

Once an account is deleted, the email address associated with it cannot be used to create a new Velvet account.

Data retention

In compliance with French accounting law (Code de commerce, Article L. 123-22), transactional data (sales, payouts, tips, custom requests, invoices) is retained for ten (10) years following account deletion. Personal data (display name, biography, avatar, photos, conversations) is hidden from all Velvet surfaces immediately upon deletion. Data is not transmitted to third parties. To exercise your right to deletion of personal data beyond legal retention requirements (RGPD Article 17), contact privacy@velvet.fans.

Administrative deletion

Velvet reserves the right to delete accounts that violate these Terms. Administrative deletion follows the same data retention rules.

24. AI-assisted chat

Creators on the Service may enable AI tools to engage with fans in chat. AI-generated replies are written in the creator's persona and may include offering of paid content links the creator has authorized. Real human creators retain ownership of all conversations on their account and may take over manually at any moment.

A discreet notice ("This creator may use AI to assist replies") is shown in the chat footer to inform fans. Some creators may also opt to display an "AI-assisted chat" badge on their public profile. The creator remains responsible for content sent on her behalf, including sales completed through AI-suggested links; these sales follow standard commission terms (10% on Free plan, 0% on Premium).

The AI absolutely refuses any interaction involving minors or illegal acts. We process conversation context to allow contextual responses; only the creator's own messages may be used to personalize her own AI persona, never fan messages. See our Privacy Policy for full details.

25. Contact

For questions or concerns regarding these Terms, please contact us at:

Velvet
9 rue des Colonnes, 75002 Paris, France
SIREN 978 665 412
Email: contact@velvet.fans